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HomeMy WebLinkAbout1972-02-22 (Regular) Meeting Agenda Packet• - 0 - City Counc~1 Meeting r::'ebru.a.ry 23-, ~97 2 • • 0 • • • COUNCIL CHAMBERS CJ:TY OF ENGLEWOOD , COLORADO FEBRUARY 7, 1972 REGULAR HEETrNG: The C1ty Counci1 o£ the City of Eng1ewood , Arapahoe C o unty , Co1orado, met in regu1ar session on February 7~ 1972 . at 8:00 P .M . Mayor Senti , presiding, ca11ed the meet1nq to order. The invocation was given by the Reverend Bruce G. Currier of the Hampden Hi11s American Baptist Church. P1edge of A11egiance wa s 1ed by Pack No. sa. The Mayor asked for ro11 ca11. Upon the ca11 of the ro1 1 , the fo11owing were present: Counci1 Members B1essing, Bra-n, Dhor1ty, Henning , Lay , Sch~ab, S enti . Absent: None The May o r dec1ared a quorum present. A1so present were : City Manager D ia1 Assistant City Mana ge r Mc D ivitt City A tto rney Bera r d ini Ci..ty C1erk Lyon COUNCILMAN LAY MO VED, COUNCILMAN SC HWAB SECOND.ED, T HAT T HE MINUTES O F T HE REGULIUl. MEET ING OF JANU~ 1 7 • 1972 • BE A P P ROVED AS READ . Upon the c a 11 of the ro11 . the vote resu1ted as fo11ows: A yes: Counci1 Members B1essLng , Brown , D hori.ty , Henning , Lay , Schw ab , S enti._ N a ys: N o ne Absent: None The Mayor dec1ared the m o tion carried. Mayor Senti recogni z ed the fo1 1owLng peop1e f r om t h e List of Spec ia1 Citiz en Program Xnvitees: Hr . LaV erne A. Lynch , 3936 South Bannock Street , P recinct No . 4. M r . and Mrs. James w_ Gunn . 3074 South Pennsy1vania S treet , Precinct N o_ 5 _ Mr _ and Mrs . Wi11iam G. Schaffer . 4438 S o uth E 1 a ti. S tree t , Precinct No. 12. M r . and Mrs . Richard J . S caduto, 5011 S ou th F o x S t r eet , Pre- ci...nct No . 14. H r . and M rs . E d w ard R . Jennings ~ 4 7 0 1 South Jason Stre e t ~ Precinct No . 15 . H r . A ustLn Gomes , 3170 S o uth Humbo1dt , repre senti ng the St~ Loui s Catho 1 ~c Church , app e a red b efore Counci1 to reques t approva1 of a spec ~a1 events 1 i q u o r permit for a S t . P atr~ck •s dance to be he1d o n March 18 , 1 9 72, from 9:00 P -H-t o 12:00 Midn igh t . • • • • • • -2 - City Attorney Berardin~ stated that the Council ~ust establish a date of hearing on the request. COUNCXLMAN DHORITY MOVED~ COUNCILMAN LAY SECONDED, THAT THE CITY COUNCIL ESTABLISH MONDAY, M.A.RCH 6, 1972, AT 8:00P .M., AS THE DATE OF HEA..R.I.NG ON THE REQUEST OF ST. LOUIS C1!\r.THOLIC CHURCH FOR A SPECIAL EVENTS LIQUOR PERMIT. Upon the ca~1 o£ the ro11 , the vote resu1ced as £o11ows: Ayes: Council Members Blessing, Brown, Dbority, Henning, Lay, Schwab, Senti.. Nays: None Absent: None The Mayor declared the m o tion carried. COUNCILMAN LAY MOVED, COUNCXLMAN SCHWA.B SECONDED, THAT THE PUBLIC HEA.R.J:NG TO CONSIDER. AN O RDINANCE WHICH WOULD XNCREASE OFF-5TREET PABX.ING REQUIREMENTS BE O PENED . Upon the ca11 of the roll, the vote resulted as £o11ows: Ayes: Council Members Blessing, Brown , Dhori.ty, Henning, Lay, Schwab, Senti_ Nays: None Absent: None The Mayor dec~a%ed the public hearing opened at 8:30P .M . NOTE: A tape recordi..ng of the pu.b~ic hear~g is on fi1e with the official. records of the City C1erk of the February 7, 1972, City Council. meeting. Listed be1ow Ln order of first appearance and presentation are the individua1s who testified at the hearing and the exhibits: Mr. James L. Supi..nger, D irector of Community Devel.oprne.nt Exhibit *1 --A copy of an affidavit from the Eng1ewood Heral.d Sentinel. show~ng pu.bl.ication on December 23 , 1971 , o~ Notice of Pub1ic HearLnq on a Bi11 for an Ordinance Increasing Off-Street Paxk.i.ng Require- ments, and Pu.b1i.cation o£ the Bi11 for an OrdLnance itsel.f . Mr. Supinger discussed the provisions of the ordinance with Council.. It was noted by Counci.1 that there was no one in attendance who wished to speak either for or against the ordinance nor did anyone stand when a po11 of the audience was requested for those in favor and those opposed. COUNC:ILMAN DHORITY MOVED , COUNCI~ SCHWAB SECONDED , Ttiif!LT THE PUBLIC HEARING BE CLOS ED. Upon the ca11 of the ro11, the vote resu1ted as fo11ows: Ayes: Council. Members B1essing, Brown, Dhority, Henning , Lay , Schwab, Senti.. Nays: None Absent: None The Mayor dec1 ared the hearing c1o sed at 8:35 P.M. • • 1'32 • • • • -3 - COUNCILMAN SCHWAB MOVED, COUNC'I.ur-tA.N BROWN SECONDED ,. THAT THE PUBLIC HEARING TO CONSIDER THE ASSESSMENTS FOR S:I:DEWALK DISTR:l.CT NO. 71 BE OPENED. Upon the call of he roll , the vo e resu1 ed as follows: Se.nt:.i . A yes: Cou.nc i 1 Members Blessi.nq. Bro-n, Dho.r.i..ty. Henni.:ng, Lay, Schwab, Nays: None Absent: None The Mayor declared the public hearing opened at 8:36 P .M. NOTE : A tape recording of the publ1c hearing is on file -ith the offi..c.i.a.l records of the Ci..ty Clerk of the February 7 , 1972 . City Council meet1ng. Listed below in order of first appearance and presen ati.on are the i..ndivi..duals who t:. stified a the hearing and the exh1bi.. s: Mr. Stanley H. Dial. C.i.ty Manager, discussed the methods of dete.r- mi..nat~on of the assessments and the collection procedures by the City of Englewood and Arapahoe County . No. 71. o one appeared i.n regard t..o the assessments for Si.dewa.l.k Di.str.Lct COUNC~ SCHWAB MOVED ~ COUNC1~ OHORITY SECONDED ~ THAT THE PUBL-IC HEARING BE CLOSED. Upon the ca11 of the ro1.1~ the vote resu1ted as fo.11ows: Senti... Ay es: Counci1 Members B.l.essing~ Brown~ Dhority~ HennLng~ Lay~ Schwab ~ Nays: None Absent:. None The Mayor dec.l.ared the hear.Lng c1osed at 8:38 P .M. record : ~The fo11owing ~iquor app1ica i..on check 1~SLS were received for the Check 1ist f or app~icants for a 1iquor and 3.2 beer 1~cense; Check 1ist f or app1icants remode1ing o r causing other physica1 changes to be made o premjses 1icensed f o r sa1e o£ 1i~or o r 3 .2 fermented ma1t beverage 1 Check 1ist f or 1iquor 1icense ownership change excepting c orpo- rations; Check list for 1.Lquor 1icense ownersh.Lp changes -corporations on1y. The schedu1e for comp1e t ion of Paving D istrict No. 20 was received for he record_ A memorandum from M r . Ke11s Waggoner~ Director o f Pub1ic Works~ t o Mr. Scan1ey H. D~a1, City Manager ~ regarding the use of p1asti..c bags in the annua1 1eat pi..ck-up program ~ was received f o r the record. The announcement of pos.Lti.on opening for F inance D irector w as received fo:t. the record _ • • • r 32 • • • • - 4 - The minutes o£ the Board of Care~r Service CommiSS4oners meeting of December 16, 1971, were rece~ved for he record. Th m~ut s of the Board of Career Serv~ce Commiss~oners meetLng of January 20, 1972, were received for the The m~nu ~~ or the ReL~remen~ Board meeting of January 18, 1972 , received for th record. The minutes of the Workable Program C~tizens Co~ittee meeting of January 13 , 1~72, were rece~ved for the reco~d. The m~nutes of the Board of Adjustmen and Appeals meeting of January 1 , 1~72 , were received for he record. The minutes of the Public Library Board meeting of February 1 , 1972 , received for the record. The m inutes of the Planning and Zon1ng Commission meeting of January 4 , 1972 , were received for the record . The m1nutes of the Water and Sew er Board meeting o f January 18 , 1972 , received for the record . The fina1 assessment data shee for Pav1ng Distr1ct No . 20 was received for the record _ A schedul.e for creation of Pav1ng D istrict No . 21 , a memorandum £rom M r . Ke11s W agg o ner , D irector o f P ub11c Works , and a Bi11 f o r an Ord~ce escah11shing the D istrict , w ere received foe the reco rd . Introduced as a Bi11 by Counci1rnan Dhority and read in fu1~, A BILL FOR AN ORDINAr-K:£ CREATING AN ~M.PROVEME NT D ISTRICT l:N THE CITY OF E NGLEWOOD, COLORADO , TO BE ~OWN AS P A VING DISTRICT NO _ 21.-O RDERING THE CONS TRUCTION T HERE IN OF STREET AND A.L.LEY ~MPROVE ME NTS; P I DING POR THE IS S UANC E OF BONDS OF T HE DISTRICT IN PAYMENT R SAID IMPROVEME NTS; P.ROVI.D ING FOR NOTICE TO CONTRACTORS A!:'lD TO BIDDE RS FOR SPEC.LAL LMPROVE.ME NT D ~STR.ZC'T BONDS O F SAID CITY _ COUNCX LMAN OHOR.ITY M OVED , COUNC LLMA.N B LESSING SECO NDED, T I-PI.T T HE BILL FOR AN ORDINANCE BE PASSED ON FI RST READING AND PUBLISHED IN P U LL :I:.N T HE ENGLEWOOD HERA-LD SENTLNEL _ Upon the cal..l. of the r o 11 , the v o te resu 1 ted fo11ows: Ayes: Counci1 Members B 1 essi.ng , Bro w-n , Dh.o rity, Henn ing , Lay, S chwab, Senti . Nays: N o ne Absent: None • • • • - - - -5 - The Mayor dec1ared the mot~on carried. A memorandum from the P1anning and Zoning Commission dated January 24 , 1972 , recommending the vacation of a portion of the South LincoLn Street/South Sherman Street a11ey s outh of Girard Avenue, w~s received for the record . It was the c onsensus of Counci1 that the City Attorney prepare a bi11 vacating a portion o£ Sou th Linco1n Street. A memorandum from the P1anning and Zoning Commission dated January 24, 1972 , requesting a height exception for Offices , Ltd ., fronting on South L~coLn Street and South Sherman Street south of Eas t Girard Avenue, was received for the record . COU.NCl:LMAN BROW.N MOVED , COUNCILWOMAN H:Eb.'"NI NG SECONDED, THAT A PUBLJ:C HEARING BE ESTABLISHED FOR MABCH 6 , 1972 , AT 8 :00 P.M ., ON THE RE UEST OF O FFICES , LTD., FOR A HE:X:GRr EXCEPTION . Upon the c:a.11 of the r o11, the vote resulted as fo11ows: Senti.. A yes: Counci.1 Members B 1es.s.:Lng . Brown , Dhority , Henn.i..ng , Lay , Schw ab, Nays: None Absent: None The Mayor declared the mot1on c arr1ed. A ~emorandum fro~ Mr. Stanley H. D 1a1, City Manager, to Council regarding the year-endLng balance in the Recreation Fund , was received for the record. Mr. D ial reviewed the year-ending balance i.n the Recreation Fund with Council . A memorandum from Mr . Stanley H. D 1a1 , Ci.ty Manager, to Council recommending dead 1Lmb pick-up program in March, was received for the record. COUNCILMAN D HOR.ITY M OVED, COUNC~ .I.J:\Y SECONDED, THAT THE CITY COU'NCX..L APPROVE AND ENDORSE THE MARCH, 1972 , PROGRAM OF P:Z:CICING UP DEAD AND DECEASED TREE LIMBS AND THAT THE EXPENDITU RE NOT EXCEED $10 ,000 .00. Discussion ensued . Councilman Schwab stated that his opposition to the program wou1d be the reduction in the S20,000.00 budget f or tree planting . Discuss ion continued . Upon the ca11 of the ro11 o n the mot1on , the vote resulted as fo11ows: Ayes: Council Members Brown, Dhori.ty, Henning, Lay, Senti . Nays: Council Members Bless ing , Schwab _ Absent: None The Mayor declared the motion carried. ..:... • • • r 32x • • • -6 - Cou.nci1 Action Request for the re.ne-w a1 o f the 3.2 fermented ma1t beverage 1icense for U ToteM o f Co1orado, Inc., 123 East Be11eview Avenue, -was received for the record. COUNCJ:LMAN LAY M O VED, COUNC.LI..MA.N BLESSING SECONDED,. THAT THE ANNUAL RENEWAL OF THE 3. 2 FERMENTED HALT BEVERA.GE LICENSE FOR U TOTE M OF COLORADO , XNC., 123 EAST BELLEVIEW , BE APPROVED . Upon the ca11 of the r o11, the v o te resulted as fo11ows: Ayes: Council Members B1essLng, B rown , Dhority, Henning , Lay, Schwab , Senti. Nays: None Absent : None The Mayor declared the motion carried. RESOLUT10N NO . 4 , SERIES OF 1972 A RESOLt..rriON EXPRESSING TKE APPRECIATION OF T HE CITY OF ENGLEWcx:>D , COLORAIX>, TO M.A.R.CUS 0 . SHIVERS, JR . (Copied in fu11 in the o fficia1 Resolutio n Book .) COUNCILMAN SCHWAB MOVED, COU-NCI LMAN LAY SECONDED , THAT RESOLUTION NO. 4, SERIES OF 1972 , BE ADOPTED AND APPROVED. Upon the ca11 o f the ro11, the vote resulted as follow s : Ayes: Council Members Blessing , Brown, Dhority , Henning , Lay, Schwab, Senti.. Nays: None Absent: None The Mayor declared the motion carried . A mewnora.ndunt from the Chairman of the Water and Sewer Board r eco m - mending the acceptance and a pproval o f the proposed revision to Tit1e XV of the C ity Code regarding Water D ivision matters wa s received for the reco rd. D irector of Uti.1i.ties Cha.r1es Carro11 appeared before Ci.ty Co·unci.1 and discussed the recommended changes to the water chapters of the City Code. COUNCILMAN LAY MOVED, COUNCXLMAN SCHWAB SECONDED, T HAT THE CITY ATTORNEY BE D IRECTED TO PREPARE THE NECESSA.R){ CtvUK;ES TO T HE WATER trriLITY PORTION OF THE CITY CODE. Upon the ca11 o f the ro11 , the vote resulted AS f o11o"Ws: Ayes: Council Members B1essi.ng , Brown, Dhority, Henning , Lay, Schwab, Senti . Nays: None Absent: None The Mayor declared the ~oti.on carried. A memorandum from the Chai...rma..n o f the Water and Se-wer Board recOin- mending the approval of a Revised Companion Agre ement bet-ween the City, Cherrymoor South Water and Sanitation D istrict and Cherry Hi11s Rancho Water and Sanitation D istrict -wa s received for the record. ~----.------------------------~---------.--.---~~----~.~~ • • /'32X - - - -7 - D~rector of Uti1ities Char1es Carro11 appeared before Counci1 and exp1ained the reasons for the revised agree~ent between the City, Cherrymoor South Water and Sanitation District and Cherry Hi11s Rancho Water and Sanitation District. COUNC:XLMAN LAY MOVED, COUNCILMAN SCHWAB SECONDED, THAT TJ:E: REVISED AGREEME"NT BE APPROVED AND THA.T THE CITY ATTORNEY BE DIRECTED TO DRAW UP THE NECESS~ DOCUMENTS. Upon the ca11 of the ro11, the vote resulted as fo11ows : Senti. Ayes: Council Members B1ess1ng, Brown, Dhority, Henning, Lay, Schwab, Nays: None A.bse.n t: None The Mayor dec1ared the motion carried . A memorandum from the Chair~an of the Water and Sewer Board recom- ~ending the attendance o£ La-rcnce E. Tho~pson at the Water Po11ution Control Federation meeting in Washington, o_ c., on March 14, 197 2. City Manager Dia1 discussed the attendance o£ Mr. Thompson at the Water P o 11utio n Control.. F ederation meet1ng in Washington , D. c . COUNCILMAN BLESSING MOVED, COUNCX:r.NIOMAN HENNING SECONDE.D, THAT THE ATTENDANCE OF MR. LA.W RENCE E . TI:IOM.PSON AT THE WATER PO.LLtT.I":Z.ON CONTBOL FED ERATION MEETING XN WASHINGTON , D. C ., ON MARCH 14, 1972, BE APPROVED. Upon the ca11 of the ro11, the vote reau1ted as fo11ows: Senti... Ayes: Council. Members Bl.essi..ng~ Brown, Dhor ity , l:le.n.ni.ng~ Lay~ Sch-ab, Nays: None Absent: None The Mayor dec1 a red the motion carried. A memorandum from the Chairman o f the Water and se-er Board recom- mend1ng the sa1e o £ Boreas Pass Ditch Number 2 Water Rights -as received for the record . Mr. Carrol.1 reappeared before City Council. and stated that the City had received an offer fro m Ado1ph Coors f or the purchase of the City•s Boreas Pass w ater rights at the price of $153,000. Mr. Carrol.). stated that 1nitia11y the City had paid $134,000 and with various deve1opmenta1 costs had expended total. of $185,000 to date . COUNCILMAN SCHWAB MOVED, COUNCXLMJ\.N LAY SECONDED, THAT THE MA"rrER BE TABLED FOR FURTHER o :r.scuss:r.oN _ Upon the ca11 o f the ro11, the vote resul..ted fo11ows: Senti. Ayes: Council. Members B1essing , Brown , Dhority , Henni..ng, Lay, Sch-ab, Nays : None. Absent: None The Mayor dec1ared the motion carried. -- • • • • -a - A ~emorandum from the Chairman of the Water and Sewer Board recom- mending the nomination of Mr. John c. Krei.1ing to the Water and Sewer Board was received for the record. A 1etter from Mr. Wi.11i.am E. Korbi.tz, Manager~ Metropol.i.tan Denver Sewage Disposal District No . 1 , inquiring if the City w i11 financ i.a1 1y parti- cipate in the Regional Master Pl.an effort and name a representative t o the Management Coordi.natLng Group w as received for the reco rd. City M anager D ial. stated that the Lnqui.ry w ould be presented to the Water and Sewer Board for recommendation. A memorandum from Mr. Wi11iam L. McDivitt, Assistant City Manager, to Mr. Stanley H. Di.o.1, Ci..ty Manager , report.i..ng on the O ayt.on ca.bl.e te1ev.i..&Lon conference Ja~uary 25 -26 , 1 9 72, was received f o r the record. As s istant City Manager McDivitt discussed the recommendation w ith Council.. O RDI NANCE N O . 5 , SERIES O F 1972 AN O RDINANCE REPEALING AND REENACTING CHAPTER 4 ,. ARTICLE I AND ARTICLE II OF TITLE XV OF THE "69 E.M.C.,. PROVIDING FOR THE CONTROL ,. OPERATION AND MAI.NTENA.NCE OF THE SEWAGE SYSTEM OF THE CIT Y O F ENGLEW'OOD,. COLORAIX>: PROVIDING MEANS FOR T HE ENFORCE.MENT AND PENALT IES FOR THE VIOLATION T HEREOF: AND .REPEA.LI:NG ALL ORD:r.NA.NCES AND PARTS OF O RDINANCES IN CONFLICT THEREW ITH. (Copied in fu11 in the o fficial Ordinance Book .) COUNCILMAN LAY M O VED,. COUNCI LMAN SCHWAB SECON'DED ,. THAT ORDI~E NO. 5,. SERIES OF 197 2 ,. BE PASSED ON FINAL READ ING AND PUBLISHED BY TITLE :rN THE ENGLEWOOD HERALD SENTINEL. Upon the ca11 of the r oll,. the vote resu~ted a.s fol..l..O!Ws: Senti . Ayes: Council Members Blessing,. Brown , Dhority,. Henning, Lay, Schwab,. Nays: None Absent: None The Mayor declared the motion carried . RESOLUTION NO. S, SER.ZES OF 1972 A RESOLUTION Al.TrHORIZ1NG T HE EXECUTION OF A CONrRACT F O R THE PURCHASE OF LAND FOR T HE l..TriLITI..ES DEPARTMENT,. (Co pied in ful.l. in t h e o fficial. Resolution Book.) COUNCI.LWOMAN HENNING MOVED , COUNCILMAN BR:>WN SECONDE D, THAT RESO- LtrriON NO . 5, SERIES OF 1..972 ,. BE APP ROVED AND ADOPTED . Upon the cal.l. o f the r o l.1, the vote resu1ted as fol..l.o-s : Senti . Ayes: Council.. Membe rs B 1essLng , Brown, Dhority, Henning , Lay ,. Schwab, N ays : None Absent: None The Mayor d ec lared the motion carried. • • • I' 32X • • • • -9 - City Attorney Berardin.i.. presented a memorandum dated February 7, 1 972, discussing the d1smissa1 of the City •s suit in the annexation of the Santa Fe- Union area. M r. Berardini discussed the annexation and Supreme Court decisio n -ith Council and stated that according to State 1 a-, annexation proceedings could not be instituted until November , 1972 . A memorandum from Mr. Stanley H. Dial , City Manager, to Council regarding Core Area Planning and Development Committee , -as received f o r the record . City Ma.n.ager D ial d.i..scussed the recomrne:ndati.ons to City Council about the Core Area P1a.n~ing Committee. Council discussed attendance of Council members the Co.mm.i.tte.e . A memorandum from Mr . Stephen A . Lyon , Director of Finance, and Mr. W illiam A. Hamilton , Fire Chief, recommending the awarding o£ a bid £or a te1esco pic squirt apparatus in the Fire D epartment , was received for the record. Fire Chief Hamilton appeared before City C o uncil and discussed the bid received £or a Tele Squirt pumper fire a pparatus. CounciLman S chwab discussed problems with the Jac obs engine brake . COUNC ILMAN SCHWAB MOVED , COUNCI LMAN BLESSING SECONDED, THAT C OUNCIL APPROVE T HE PURCHASE OF T HE TELE S~I..RT FIRE APPARATUS FROM THE SNORXEL C O RPORATION , ST. JOSEPH, M ISSO URI, AND THAT THE ADMINISTRA-TION RESEARCH THE JACOBS ENG:I:NE BRAKE AND REPORT TO CITY COUNCIL PRIOR TO T HAT OPT ION BEING AUTHORIZED BY CITY COUNCIL. Upon the call o f the roll , the vote resulted as f o 11o"W s: Ayes: Council Members Blessing, Brown , Dhor ity, Henning, Lay, S chwab, Senti.... Nays: None Absent: None The Mayor declared the motion carri...ed . Ci...ty Ma.nager Di...al requested the attendance of PatroLman Duane Jarred to the New Mexico Law Enforcement Training Academy February 21 -25 , 1 972 . Hr. D ial stated that the purpose of Mr . Jarred•s attendance was t o receive speci.a~ sc1~oo1ing .i.n a u to theft and abandoned vehicles . COUNCILMAN LAY MOVED, COUNCILMAN SCHWAB SECONDED, THAT THE ATTENDANCE OF PATROLMAN DUANE JARRED AT THE NEW MEXICO LAW ENFORCE2'1ENT TRAXNil«i ACADEMY FEB RUARY 2~-25 , 1972 , BE APPROVED. Upon the ca1~ o£ the ro11 , the v ot e resulted as f o11ows : Ayes : C ouncil Members Blessing , Brown , Dhority, Henning, Lay, Schwab, Senti.... Nays : None Absent: None The M ayor declared the moti...on carried. • • • - - - - -10 - ORDINANCE NO . 6 , SERIES OF 1972 AN ORDINA..NCE AMENDING CHAPTERS 22 .5 -Sa (1.0) AND 22 .8 OF THE COMPRE - HENSIVE ZONXNG O RDINANCE, O RDINANCE NO . 26 , SERIES OF 1963 , ENTITLED , ''PRIVA TE OFF -STREET PARKING STANDARDS FOR RESIDENTIAL USES'', BY INCREASING THE REQUIRED O Er"-STREET PAR.K.ING RE UIREMENTS FOR EFFICIENCY UNITS AND FOR G UESTS O R VXSJ:.TOR PARKING , AND DEF INING THE SAME . (Copied in fu11 in the official. Ordinance Book.) COUNCILMAN DHORITY MOVED , COUNC ILMAN SCHWAB SECONDED , THAT O RDINANCE NO . 6 , SERIES OF 1972 , BE PASSED ON F:ttoLL READING AND PUBLISHE.D BY T J:TLE rN T HE ENGLEWOOD HERALD SENI"INEL . Upon the ca.11 of the r o11, the vote resulted as fo11ows: Ayes: Counci1 Members Blessing , Brown, Dhority, HennLng, Lay, Schwab, Senti.. Nays: None Absent: None The Mayor declared the m o tion carried. City Manager D ial. reminded members o f Council that March 27 , 1 9 72, is scheduled for the hearLng on Paving D1 strict No. 20 assessments. Mr. Dial a.l.so informed members o f Counci.l. that due to the fact that February 2.1., .1.972 , is a .l.ega.l. holiday , the next C ouncil meeting wi11 be held on F ebruary 22 , .1.972 . City Manager O ia1 reminded members of Council that in the fa.l.1 of 1971 he had been appoLnted Council 's representat ive to the Legislative Committee . He Lnquired if members of Counci.l. wish~d t o serve on the Committee .i..n h..i.s p.l.ace . Mayor S enti a..nnounced that Counci.1.man Lay had been s elected as the ~o ung Man o f the Year'' by the Englewood. J aycees. COUNC:t..LWOMA.N HENNING MOVED , CO~CIJ..MAN SCt6iAB SECO~ED, TKA.T MR. FO\.ROLD BABCOCX , 3720 S OUTH ELATI, BE APPOINTED TO THE WA'TER AND SEWER BOARD TO REPLACE H.R. L. A . ROBOHM WHOSE T ERM EXP I RED PEBRJ»>o.RY 1 , .1.972. UJ?On the ca.l..l. o£ the ro11 . the vote resulted a s follows: Ayes: Cou.nci..l. Members BlessLng , Bra-n , D h o r.ity , He.nn:i.ng , Lay, Schwab , Senti . Nays: N o ne Absent: None The MAyor d eclared the m o tion c a rried . COUNCI LMAN SCHWAB .MOVED , COUNCILMAN BROWN SECONDED , THAT MR. WILLIAM R.. ROSS, 3120 SOUTH RACE, AND .M.R.S. MAXINE STANLEY, 2310 WEST ~VA.RD, BE APPOXNTEO TO THE PLANNI-NG AND ZONING COMMISSION TO .REPLACE MR. HERBERT MOSBA.RGER AND MR. J O HNSO N BARrON WHOSE TE RMS EXPIRED FEBRUARY 1, 1 972. Upon the ca.11 of the roll, the vote resulted as f ollows : • -•J T 32X • • - • Ayes: Counc~1 Members B1ess~ng; Brown. Dhor~ty, HennLng, Lay, Schwab, Senti.. Nays: None Absent: None The Mayor declared he mot1on carried. COUNCXLMAN BLESSXNG MOVED, COUNC:t:LMAN BR>WN SECONDED , THAT MR . C. L. (CHET) MADDOX, 2830 SOUTH BANNCX:K ST REET , AND MR. JOHN KREILING, 3131. SOUTH HIGH STREET , B E APPOINTED TO THE BOARD OP ADJUSTMENT AND APPEALS TO REPLACE HR. WH. C J:J\YTON AND M.R. DICK W OOTTON WHOSE TERMS EXPIRED FEBRUARY 1., 1972. Upon the ca11 of the ro11, the vote resulted as fol.l.ows: Ayes : Council. Members Blessing , Brown , Dhori.ty, Henning, Lay, Schwab, Senti.. Nays : None Absent: None The Mayor d eclared the motion carr ied . COUNCILWOMAN HENNING MOVED , COUNCILMAN BLESSING SECON DED, T HAT M R . JOHN C . MAXWELL , 4 913 S O UTH LIPAN D RIVE , AND M.R..S. DE.LLA MARTINEZ , 2352 WEST ILIFF AVENUE , BE RE.APPO XNTED TO THE PUBLIC L:I.BRA.RY BOA RD A.ND THA.T MR . EM.MET"l." KUHLMAN ,. 2900 SOUTH EMERSO N, BE APPO rNTED TO THE PUBLIC LIB RARY BOARD TO REP LACE MRS. JANE SCHNACKENBERG WI-K>S.E TE RM EXPIRED FEBRUARY 1 , 1972 _ Upon the ca..l.1 of the ro11 , the vote resu1ted as fo11ows: Ayes : Council. Membe r s Bl.essing , Brown , Dhor ity , Henning , Lay , Schwab, Senti. Nays: None Absent: None The Mayor decl.ared the mot~on carr~ed . COUNCILMAN SCHWAB BLESSING SECOND E D , T~T MRS . PAUL NEWPORT, 4316 SotrrH CHE KEE , AND MR. CLYDE M ITCHELL, 4 947 SOt.rrH GRANT BE APPOINTED TO TKE ELECTION SSXOI!il REPLACE MR . WILLIAM HANSON W I:I()SE TERM EXPIRED FEBRUARY 1, 1.972 , AND MR. STEPI:IE A . LYON, D I RECTOR OF F INANCE , WHOSE TERMINATION OF EMPLOYMENT WITH THE C.YTY ENGLEWOOD C REATE D A VACANCY ON THE COMMISSION. Upon the cal.l. o£ th rol.l., the vote resul.ted as f o l.l.ows: Ayes : Counc11 Members Bl. saunq, Brown , Dhority , Henning, Lay , Sch-ab, Senti. Nays: None Absent: None The Mayor decl.ared the mot1on carried. COUNCILMAN B LESS ING MOVED , COUNC:I:LMAN SCHWAB SECON DED , T HAT MR • DAVI D B. CLAYTON, 4509 SOtrrH ACOMA STREET , BE REAPPOINTED TO THE F IREME N 'S PENS:I:O N B O ARD. Upon the ca11 of the rol.l., the vote resul.ted as fol.l.ows : Ayes: Council. Members Bl.essing, Brown , Dhority , Henning , Lay , Schw ab , Senti. Nays: None Absent: None The Mayor decl.ared the motion carried. • • • 1'32X • • • • -12 - COUNCXLWOMA N HENN:ING MOVED, COUNCXLMAN SCHWAB SECONDED, T~T MR. TOM FITZPATRICK, 3155 SOUTH ACOMA STREET, AND MR. WA..RREN ORR~ 1500 EAST CORNELL AVENUE , BE REAPPOINTED TO THE EMPLC>YEES • RETIREMENT BOARD. Upon the ca11 or the ro11, the vote resu1ted as fo11ows: Senti. Ayes: Counc11 Members B1easing , Brow n, Dhor1ty , Henning, Lay, Schwab, Nays: None Absent: None The Mayor dec1ared the motion carried . Upon inquiry of Counci1woman Henning , City Manager D ia1 indicated that a report concerning deferred pa~ent by e1der1y peop1e for specia1 Lmprove- ment district assessments was forthcoming. CounciLman Dhor ity requested that the City administration write a 1etter to those citizens who had expressed an interest in the Boards a nd Commissions thanking them for their concern and a1so 1etters to those outgoing Board and Comm ission members thanking them for the~r serv~ce. COUNCILMAN BLESSING M O VED , COUNCILMAN BROWN SECONDED , THAT THE MEETING BE ADJOURNED. Upon the ca11 of the ro11 , the vote resu1ted as fo11 ow s: Sent~- Ayes: Counc~1 Members B1essinq, Brown, Dhor~ty, Henning , Lay , Sch-ab, Nays: None Absent: None The Mayor dec1ared the mot~on carr~ed, and the meeting a djou rned at 10:30 P.M • • • • T 32X • • • • Ca11 to order at 8:00 P .M. Invocation as s h own --except name i..s Reverend G. Bruce CUrri.er A11egi.ance as shown Counci.Lman Brown 1eft Counci.1 Chambers at 8:05 P .M. T h e Mayor asked fo11owi..ng w ere present: r ro11 ca11. Upon the ca11 of the ro11, the Counci.1 Members B1essing , Dhority. HennLng . Lay, Schwab, S e nti... Absent: Counci..1 Member Brown. T h e Mayo r dec1ared a quorum present. A1so present w ere : City Manager Di..a1 Jllret*'7 ex--o£-f'±c:t.o CTey C 1e r k Mc:Oi. v i. t t COUNCil.J.iiOMA.N KENNING MOVED , COUNCJ:LMA.N BLESS:ING SECONDED, THAT THE MINUTES OF THE SPECIAL MEETING O F JANUARY 24, 1972" BE APPROVED AS ~&. Upon the ca11 .•. Ayes: 6 Absent: Brown The Mayor dec1ared the ~oti.on carri.ed . COUNCXLHAN SCHWAB M:>VED, COUNCILMAN LAY SECCtiDED, THAT THE MINUTES OF THE REGULPLR MEETING OF PEBIU.JA._~ 7,. 1972 , BE APPROVED AS READ. Upon the ca11 ... Ayes: 6 Absent: Bro'WTI T he Mayor dec1ared the ~otion carried. CounciLman Brown reentered Counci..1 Chatnbers at 8:07 P.M. and took his seat w ith Counci.1 . Speci..a1 guests as shown were recognized. Mr. H. M. Summers. 3140 South De1aware Street,. appeared to request that the Ci..ty Counci..1 pass an ordinance prohi..bi.t:Lng shOW'i.ng of -x-rated movi.es•• wi.th.i..n the City of Eng1ewoc::xi . He presented a peti..ti.on signed by the ••coram.itte.e for the O ppos i.ti..on for Indecent Pictures•• a.nd attached 1etter to the Cou.nci..1 from both hi..s wi.fe and hi.m., known as Exhibit •• Mr. Summers stated that the City has an ordinance proh~i.ti.ng a11 manner of activity wi.thi..n the City; therefore, it shou1d be no prob1em to adopt an ordLnance prohi..bi.ting the • • • • -2 - showing of these offensive fL~s. Mrs. M. M. Summers , 3140 South De1aware Street, a1so spoke in favor of his proposa1. Reverend G. Bruce Currier, Hampden H111s American eaptist Church, stated his support of such an ordinance and requested Counci1 to go record immediate1y oppos~g the showing of these fiLms . Counci1man Brown echoed his remarks. COUNCILMAN BROWN MOVED, COUNCILMAN BLESSING SECONDED, THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE WHICH WOULD PROHIBIT THE SHOWING OF "X -RATED"" MOVIES WITHIN THE CITY OF ENGLEWOOD. There was some discussion as to whether the City Attorney had been asked to do this before , but it was conc1uded that he had ~ere1y been asked to study the ~atter previous1y and had reported back to Counci1 that such an ordinance wou1d probab1y not be uphe1d if appea1ed through the Courts . that It wasA the :i..nte.nt of th.i...s motion to requ:i.re/a.n o rd.ina..nce be prepared and submitted for Counci.1•s de1Lberat1on. Upon the ca11 of the ro11 on the moti.on , the "Bote resu1ted as fo11C»oJS: Ayes: 7 • The Mayor dec1ared the moti.on carri.ed . • • • 1tems 3(a) thru 3(h) a11 recei.ved. • • "!' ,. 32X - -3 - City Manager Dia1 d~scussed with Counc11 a recommendation from the Parks and Recreation Commission that an agreement be entered Lnto with Phe1ps-Braucr and Associates, Xnc., for pro£essiona1 services on pre1~ary master p1an of a go1f course . COUNCILMAN BLESSING MOVED, COUNCXL_MI:\N BROWNS ECOND.ED, THAT THE FIRM OF PHELPS-BRAUER AND ASSOCIATES, INC. , 1050 WADSWORrH BOULEVARD , BE COMMISSIONED TO PRESENT A PRELI.MINABY DESIGNr STUDY AND FEASIBILITY REPORr FOR A POSS:x:B.LE RECREATION ~MPLEX, INCLUDJ:NG A GOLF-r:-C:OURSE1 ~ , --/. ~ CounciLman Lay indicated that such a study wou1d be premature an.d that an appraisa1 of the property ~w,.,..,..,r.,.,,,_,.a...,aA ... dd be studied shou1d be conducted first. City Manager Dia1 stated that both the 1and appraisa1 and the study were necessary and that because they went hand i...n hand, it was p J ~Iii diffi.cu1t to say wh~ch shou1d first. Cost of the study he stated wou1d be $3 ,000 . Mr. Dia1 then distributed a copy of the proposed agreement dated January 31 , 1972 , with Phe1ps-Brauer and Associates , Inc., for Counci1 "s study . Mr. Dia~ emphasized that the study wou1d i..nc1ude ana1yzi..ng a possi..b1e recreation comp1ex in addition to a go1f course faci1ity . • Counci1man Schwab stated that we wi11 soon have approximate1y eight go1£ courses, pub1i..c and private, genera11y between Cherry Creek -• • Dam on the east , Wadsworth Avenue on the West , County-Line Road on the South, and Hampden Avenue on the North . These courses are avai.1ab1e to anyone prov1ding they are wi11ing to pay the cost; in some cases such cost wou1d -. • -4 - inc1ude membership in a country c1ub. Therefore , the arguxne.nt that no go1fing opportunities are avai..1ab1~ in the area is not legitimate --it is mere1y a matter of being wi11ing to pay the price. HI. J acques Stackhouse of the Parks a nd Recreation Commission and Chairman of the Go1f Course Committee appeared t o support the study . Mr. Phe1ps of Phe1ps -Brauer and A ssociates , 1nc ., also appeared to answer questions . Councilman Brown asked why it was important for the City to have a muni.. Mr. Phelps rep1ied that (1) private courses prec1ude the pub1ic; (2) a his t ory of Colorado municipa1 courses ha s been one of profitability in this he noted in particular Kennedy and We1shire a cou rse9; (3)/golf course was aesthetica11y p1 easLng ~ it provide d open space and was an exce11ent way to further conse rvation of the area. CounciLman Schwab asked if Mr . Phelps could guarantee that the would make mone~ and Mr . Phe1ps stated that be could not . Councila.a.n Dhority while not opposing the course asked M r . Phelps why private investors not bui1ding of the courses_ M.r _ Phelps stated that the era o£ the country club comi..ng to an e.n.d. and c.. • that the ••front end "" --=1'-100ney r equired to build course ,ou1d often be put to better advantage by private investors. COUNCILMAN LAY MOVED , CODNC:J:LMAN lUtliiiUD SCHWAB SECONDED , THAT THE • • • MCYJ."IO N BE AMENDED TO ~VE THE STUDY TABLED UNTIL A LAND APPRA :J:SAL COULD BE /MADE. Upon the ca11 o f the ro11 . __ Ayes: Council Members Dhority , Lay , Schwab . Nays:~ Council Members Blessing, Brown , Henning, Senti.. Absent: None The May or declared the motion £ai.1ed • • • • .~ ,..-!! __,. ,.., ... • - 5 - ~ City Manager Dia1 was asked ~r money wou1d be ~e for such a study and h e Lndicated that the money wou1d probab1y come from the recreation surp1us. Ro11 was taken on the origina1 motion~ and the vote resu1ted as £o11ows: Dhority Ayes : Counci1 Members B1essing:, Brown~/Henning, senti. Nays: Counci1 Members Lay, Schwab . Absent: None The Mayor dec1ared the motion carried. A memorandum frocn Fi...re Chief Wm . A. Ba.m.i1ton to M.r. Sta.n1ey H. Dia1 , City Manager , recommending the purchase of the Jacobs Engine Brake pum.pi..n.g for the ••Te1e Squi..rt-........ ~ apparatus was received. Ci..ty Manager Di...a.1 revi..e"W"ed the action taken at the 1ast regu1ar1y schedu1ed C ounci..1 meeting concerning the purchase of the Jacobs Engi....n.e Brake for the -re1e Squ.1.rt .. pumping apparatus , ~an award for the pumper was a.ut.hori..z.ed but that the brake was no·t to be purchased unti.1 additional.. i...n.form.ati...on had been gi.ve.n to the Counci.1 a.nd authori..z.ation f or the purchase -as made. It agreed by Cou.nci.1 that the Jacobs E.nqi.ne Brake c-ou1d be t. purchased . Counci.1woman Benning l..eft Counci1 Chambers at 9:08 P.M • • • • • • • • -6 - City Manager Dia1 dis cussed the bids received for three fLber- glas s, 4700 ga11on capacity , liquid a1um tanks. Original estLmate of the tanks was $7,500 to $8,000 p1us insta11 ation. Cou.nci.1woma..n Henni..ng reentered Council Chambers and took her seat with Council at 9:10 P .M. Mr. Di.a1 recommenddd that the 1ow bid of $5,000 be accepted , indicat1ng that the insta11ation wou1d be performed at an additional cost COtJNCXLMAN DHOR.ITY .MOVED, COUNCILMAN LAY SECONDED, THAT THE LCliW" BZ.D OF HARTWELL FABR1CATION COMPANY IN THE AMOUNT OF $5 ,000 BE ACCEPTED ~ AND THAT THE MAYOR AND CITY CLEBK BE A .trrHORIZED TO EXECUTE THE NECESSARY tDCUMENTS. Upon the ca11 . _ • Ayes: 7 The Mayor declared the motion carried . COUNCILMAN Of:I:)R.IT'Y MOVED, COUNCI..LMAN BLES.SX:NG SECONDED , THAT ELMER E. LEONARD THE .RESOLUTIONS CX>MMENDXNG THE SERVICES OF MESSRS ./SC HWAB, ROBOHM., AND JOHN C. KREILING (RESOLUTIONS NOS. 6~ 7 ~ AND 8 ,. RESPECTIVELY) BE APPROVED AND ADOPTED. (Said Resolutions are copied in fu11 1n the official Resolution Book.) Upon the ca.l.l. of the rol.l. on the motion ~ the vote resul.ted as Ayes: 6 Nays : None Absta:Lni.ng: Schwab Absent: None The Mayor dec1ared the motion carried. • • r 32xl • - 7 - ~ City Manager DLa1 presented ~ 1etter from Mr. W111iam E. Korbitz~ P.E-~ Manager o£ the Metro~tan D enver Sewage D1sposa1 District Number One. urg~g the Cities of Boul.der, Litt1eton and Engl..e-ood to join with the Denver Reg:i.ona. Water Qual..i..ty Management Pl..a..n.. Cost to the C.i..ty of to the City of Boulder, and $6,000 to the City of Li.ttl..eton. ~)1¢/Jiljii..Jii-.,flfi!J( noted that the Regional.. Pl.a..n must be to receive approved by Jul..y of 1.973\Ln order/&.I additional.. Federal. aid for sewage trea t.nten t. COUNCXLMAN DI:DRITY MOVED, COUNCILMAN LA¥ SECONDED, THAT THE CITY OF ENGLEWOOD JO:t:N WrrH THE DENVER ~G:X.ONAL WATER QUALITY MANAGEMENT PLAN AT A COST OF $1.0,500 . Opon. the cal..l. •• Ayes: 7 The Mayor decl..ared ..• Coun.ci..1.m.a..n Lay 1.eft Council. Chambers at ~23 P.M. City Manager Dial. discussed a memorandum from Mr. A. R. Bessette, Pres~dent of the Co1orado Mun~c~pa1 League, ur.Lng the C~ty to 1end fi.na.nci.a1 support ~the League• a part~ci.pa.ti.on ~the Mou.nta.i..n Be11 rate increase hearing. Mr. Di.a1 indicated cost to the Ci.ty wou1d be $842.32. Council..woman Henning fel.t that City participation was jus tif~ed, • especi.a11y since the qua1ity of service -~d a1so be a question to be considered by the Commission. COUNC1LHA.N BLESSING MOVED, COUNCILWOBAN HENNING SECONDED, THAT -• • THE CITY OF ENGLEWOOD SUPPORT THE COLORADO MUNICIPAL LEAGUE IN ITS PA.RT::t.- CIPAT::t.ON rN THE MOUNTAIN BELL RATE rNCREASE HEARING AT A COST OF .$842.32. Upon the -1'32 X .. I - • • • • -a - BY AUTHJR..XT¥ O RDINANCE NO. 7, SERIES OF 1972 AN ORDINA..NCE CREATING AN XMPROVEMENr DISTRICT IN T HE CITY OF ENGLEWOOD, C O LORADO, TO BE lQ<.JOWN AS PAVING DISTR.I.CT NO. 21, ORDERING THE C O NSTRI.JCTIO N THEREIN OF STREET AND ALLEY IMPROVEMENTS; PROVIDING FOR THE ISSUA.NCE O F BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PRO- VIDING .FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. (Copied in fu.l...l.. i...n the official. Ordinance Book.) COUNCXLMAN OHOR.l:TY MOVED , COUNCILMAN B~WN SECONDED, THAT O RDI:biNCE NO . 7, SERIES OF 1 9 72, BE PASSED ON F:I::N:AL REA.DING AND PUBLISHED IN FULL IN THE ENGLEWCK>D HERA.LB SENTINEL . Upon the ca.l..l. ••• The Mayor Ayes: G Absent: Lay Introduced as a Bi11. by Counci1man Bl.essing and read 1n fu11, A BILL FOR AN ORD~NCE APPROVING T .HE WHOLE COST OF THE IM.PROVE.MENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 71 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPO"RI'IONMENT OF SAJ:.D COST TO EACH LOT OR TRA.CT OF LAND 7ll'f' SAID OISTR.:tCT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSHENrS . COUNCILMAN BLESSING MOVED; COUNC~OHAN HENNING SECONDED, THA.T THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD SENTINEL . Upon the call.. ... Ayes: 6 Absent: Lay The Mayor dec.La...red •• _ .-------------;> City Mana ger Dial.. noted that the resolution authorizing the comple tion o f Paving D1strict No. 20 cal..l..ed for the publ..ic heazing to be h e l..d on Maich 27; 1..9 72, at 7.30 P.M., at City Hall..~ 3400 South El..ati Street. COUNCILMAN J!l~ B:ROWN MOVED, COUNCILWOMAN HENNING SECONDED, THAT J a.--~~.~~ 6'"~P~ ... <1 ._-::-J RESOLOTXON NO. 9 * SERIES OF 1.. 97 2, BE APPROVED AND ADOPTED.., -..('tj~~~~ .2-:"-~ -:? 3 ~ ;,_ Ayes: 6 Absent: Lay RESOLUTION NO. 9 , SERIES OF 1..972 A RESOLUTION AUTHORIZING THE NOTIFICATION OF .;tJ!>JtQJ PR:>PERTY OWNERS OF ASSESSMENrS FOR PAVING DISTRICT NO. 20 AND ESTABLISHING A DATE FOR PUBLIC HEARING ON SAID ASSESSMENTS. (Copied in full.. in the official.. Resolution Book.) • • I' 32X - - -9- City Manager D~a1 recommended ~approval. of Fire Chief Wi11iam A. ~ Hamil. ton and Captain Del. McCarty attend ~ the 44th Annual. Fire Department .... Instructor•s Conference Ln Kansas City, M1ssouri., on Marchh~4-17, 1972. COUNC1LMAN SCHWAB MOVED ., COUNCJ:.LMAN BAOWN SECONDED, THAT THE REQUEST OF FIRE CHIEF WILLIAM A. HAMILTON AND CAPTAIN DEL MC CARTY TO ATTEND THE 44TH ANNUAL FIRE DEPA.RTMEN'T INSTRVC'TOR "S CX>NFERENCE IN KANSAS C:rTY, MISSOURI, ON MA..RCH 1.4-1.7, 1972 , BE APPROVED . Upon the cal.l. ••• Ayes: 6 Absent: Lay The Mayor decl.ared ..• City Manager Dial. noted that the two new buses were About ready for del.i.very and that it -ou1d be hel.pful. to have a meeting of the Engl.ewood- L~ttl.eton Bus Comm.i.ttee to discuss the p&LiLLtg ds ioyn of th h ~r-.......-x--x disposition of the equipment cu..rre.ntl.y being used. It was agreed that a meet Lng woul.d be hel.d a t noon on March 6 if at al.l. possibl.e. • -1.0 - COUNC:LLMA.N BLESSXNG MOVED, COUNCILMAN B.ROWN $COND.ED, THAT COUNCJ:L- WOMAN HENNING BE APPO~ED T O THE CX>RE A.REA PLANNING AND DEVELOPM.ENT COMM.ITI'EE AS WELL AS MAYOR SENTI. Cou.nci..1m.an Dhori.ty questi.on.ed whether :it wou..l.d be i...nappropri.ate to have more than one member and the Council.. _,:r.t was agreed -- that i.t wou.l.d present COUNCILMAN BLESSING MOVED, COUNCILMAN MOTION BE AMENDED TO APPOINTED COUNCJ:LWOMAN HENNINI:::i AND COtJNC:ILMAN DB:>R.ITY IN ADDITION TO MAYOR SENTI AS COUNCX.L "S REPRESENTATIVES T'O THE COMMITTEE . Upon the ca.l..l. ••• Ayes: A.l.l. Absent: Lay Counci.l.man Dhori.ty questi.one e. d.:Lstr1.bution of the Sa.1.es Tax between the General. Fund a..nd the Pub.l.i.c X.mprovement Fund and the City Manager agreed to report back. to the Council. at the next meeti...n.g. Counci.1woman Henn~g questioned why the revenues within the Recreation Fund, pa.rti..cul..arl.y those of the i..ndoor poo.1., sports a..nd games, and cul.tural. acti.vi.ti.es. were down for the month of ~a..nua.ry over the same G:..... _..L • month ~yea..r-.a.go_ City Manager Dia1 said he wou1d report back to the Counci1 at the fo11owing meeting . • • • • T 32X • - -11. - Counc1Lman Brown asked about the status of the Animal. Control. Committee recommendations. City Manager Dial. stated that the City Attorney was s t u d ying a poss~l.e bil.l. for an ord~ance to be presented to the Counc il. at a l.ater date. M.r _ Gil. KI!JIJ9. Eggl..eston , 391..1. South Sberm.a.n , a.n..nounced that he had a l..oose Spruce tree i..n h.is y a rd w h:Lch the City cou.1d hav e i.f i.t w ere w i.l...l..:i.ng: to remove .i.t. The City Manag e r stated tha.t he wou l..d l..ook into the matter . BROWN C O UNCXLMAN 8MMR.....Y M O VED , COUNCILMAN DHORITY SECO NDED, T HAT THE MEETING BE ADJO O:R!:'£0. U.J?O:n the ca.11 ••• Aye&..: 6 Absent: Lay T h e May or ---and the m e eting a d j ourne d a t 10 :20 P.M . • • • • • r 32x -• Introduced as a Bi11 by Counci1man A BILL P O R C Ot.- CJTy-O F ._ ... ..._ ...... _ . -.......... AN O RDINANCE APPROVI:N:G THE WHOLE COST OF THE :LMPROVEMENTS MADE rN AND F O R SIDEWALK I.MPBOVEME"NI" DIST RICT NO -71 :XN THE CITY OF ENGLEWCX>D, COLORA-IX>; APPROVING AND CONFIRMING THE APPORI'IONMENT OF SAID COST TO EACH LCYr O R TRACT O F LAND IN SAID D:XSTRICT ; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR T RACT O F LAND IN T HE DISTRICT; AND PRESCRIBING THE MA-NNER OF COLLECTION AN·o PAYMENT O F SAID ASSESSHENI'S- WHEREAS, the City Counci1 of the City of Eng1ewood, Co1orado , pursuant to the Charter and O rd~ce No . 14, Series of 1965 , of said City and the Laws of the State of Co1orado , enacted Ordinance No . 20, S eries o£ 1971, creating Sidewa1k Improvement D istrict No . 71 , and providing for t h e construct ion thereLn of sidew a1k improvements; and WHEREAS, the City Manager and D 1rector of FLnance advertised f o r bids to construct such improvements in three (3) c onsecutive ~eek1y issues of the ENGLEW'CX>D HEBALD SENT:I:KEL; and WHEREAS, on August 9 , 1971 , the City Counci1 of the City of Eng1ew ood . Colorado. accepted the bid of F r &n-k DeHaven Company i..n the amount of $1 ,4 93 .15 as the 1owest and best bid and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS , the construction of such imp rovements has been co~pLeted and the tota1 costs of such improvements have been re1 i ab1y ascertained; and WHEREAS , a statement showing the tota1 cost of the impro vements has been du..1y fi1ed with the City Council ; a..nd WHEREAS , from the statement made and £i1ed with the City Counci..1, i..t appears that the whole cost of said Unprovements i..s the sum o f $2,397.76, said amount inc1udi..ng costs of inspection , c::o11ection and other incidenta1 s and a1so i..nc1udi..ng i nterest a s a11owed by 1aw; and WHE~S . from said statement it a1so appears that the City Council has apportioned a s hare o f the said who1e cost to e ach 1ot or tract of 1and in said District , in accordance with the benefits to be d erived by s a id property and in the proport 1ons and amounts severa11y set f o rth in a Reso- lution adopted by the City Council on the 3rd day of January , 1 9 72 , w hich Resolution i..S by reference m ade a part hereof; and WHEREAS, Notice of a Pub1ic Hea.ri...ng concerning the levying o f assessments on the rea1 property i..n the District and upon this ordinance has been publ i shed o nce a week for three (3) w eeks in the ENGLEWOOD HERALD SENTINEL , a newspaper o f general circu1ation i..n the City , and, in addition , a copy of the Notice has been mai1ed, postage prepaid , to each known owner of rea1 property within the District , wh1ch Notice is by reference made a part hereof; and WHEREAS, at the time and p1ace s p e cified i..n said Notice , the City Council met i..n open session for the purpose of hearing any o bjections or protests that might be made against said assessments; and WHEREAS , a11 objections and comp1ai..nts having been duly heard and considered , the Counc::i1 has determined chat such objections should be denied except as this O rdinance has accepted them and incorporated herein changes in said assessments based upon said objections; and W HEREAS , on the 22nd day of February , 1972, a Bi11 f o r an Ord inance Approving The Whole Cost Of The Impr o vements Made In And For Sidew a .1 k Imp r o ve - ment District No _ 71, In The City O f Eng1ewood , Colorado; Appr o~ing And Con - firming The Apportionment O f Said Cost To Each Lot Or Tract Of Land :I:n S aid • • r ..... 2x • • • • D~strict; Assessing A Share Of Said Cost Aga1nst Each Lot Or Tract Of Land In The Distri...ct; And Prescri.bLng The Manner Of Co~1ect.i.on And Payment Of Said Assessments . was Lntroduced and was passed on first reading. NOW , THEREFORE . BE IT ORDAI:NED BY THE CITY COUNCIL OF THE CITY OF ENGLEW D, COLORADO, as fo11ows: Section 1. That the who1e cost and apportionment of the same . set forth Ln said Resol ution and Notice and as amended herein. is hereby approved and confirmed, and said apportionment is hereby declared to be Ln accordance with the benefits which the property Ln said District wL11 receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each 1ot or ract of 1and within the District in the proportions and amounts set forth in said Resolution and Not i ce. Section 2 . That of the who1e cost of $2,397.76, the City of Eng1ewood wil.l. pay $1~625.96 , 1eaving a bal.ance of $771..80 to be assessed against the real. property in said District, Ln accordance with Resol.ut~on No. 1 ~ Series of 1 972 . Sect1..on 3 _ That said assessments sha11 be due a _nd pa.yabl.e at the Office of the D~rector of Finance, withou~ demand, -ithi.n thirty (30) days from and after he f1nal. pub1ication of thLs O rd1-nance. 1n case any owner of real. property assessed under this Ordinance shal.l. fail. to pay the whol.e of such assessment agaLnst his property with1-n said thirty days . then the pro rata cost of said improv menta so assessed against his property , together w ith interest at th rate of six per cen (6'J per annum on any unpaid bal.a.ncc, shal.l. be payabl.e in five (5) equal. annual. Lnstal.l.ments , the first of which instal.l.me.nts of principal. and ~terest sha11 be due and payabl.e on or before January 1 , 1g73, and the remainder of said instal.l.ments sha11 be due and payabl.e successivel-y on or before the l.st day of January in each year thereafter until. said principal. and 1.nterest are paid Ln ful.l.. Fail.ure to pay any instal.l.ment, whether of principal. or interest, w hen due sha11 cause the whol.e o f the unpaid principal. to become due and payabl.e immediatel.y , and the whol.e amount of the unpa1..d principal. and accrued interest shal.l. thereafter draw interest at the rate of one per centum (l.'l per month, or fraction of a month, u.nti1 the date of tax sal.e , as by 1aw provided, but a any time prior to the date of the sa1e, any o-ner may pay the amount of a11 unpaid i...nsta11me.nts with interest at on e per centum (1') per month , or fraction of a month , upon al.l. del.i...nquent i...nsta11ments, and al.l. pena1ties accrued, and sha11 thereupon be restored to the right thereafter to pay in instal.l.ments i...n the same manner as if defaul.t had not been suffered. The owner of any property not ~n defau1t as to any unstal.l.- me.nt or payment may , at any ti...me , pay the who1 e of the unpaid principa1 with accrued interest to the date o f the ne xt assessment i.nsta11ment payment date. Payments may be made to t he Director of Finance at any tLme w ithin thirty (30) days after the final. pub1ication of this Ordinance. Immediate1y after the expirotion of such thirty -day period , said assessments sha11 be certified to the County Treasurer of Arapahoe County . Co1orado , for co11ection ~ as provided by l.aw . Section 4. That if any one or more sections or parts of this Ordinance sha11 be adjudged u.nenforceabl.e or i...nva1id, such JUdgment sha11 not affect, impa~r or i...nval.i...dat.e the remaining provisions of this OrdLnance , it being the intention that the various provisions hereof are severab1e. Section 5 . This Ordinance , after its fi.na1 passage , shal.l. be recorded in the City Ordinance Book kept for that purpose, sha11 be authenti- cated by the signatures of the M ayor and City C1erk ~ and shal.l. be publ.ished in the ENGLEWOOD HERALD SENTINEL , a newspaper of genera1 circul.ation pub1ished in said City , within seven (7) days after its final. passage , and sha11 be and remain irrepeal.ab1e unti1 the assessments hereby made sha11 be paid in fu11. Introduced , read in ful.l. and passed on first reading day of February ~ 1972 . the 22nd Publ.ished as a Bi11 for an Ordinance on the 2 4 th day o f F ebruary, 1972 . -2 - • • • I' 32 X I - - - - - x ~ Wi11iam L . McDiv~tt , do hereby certify that the above and foregoing is a true, a ccurate and comp1ete copy of a Bi11 £or an Ordinance , introduced, read Ln £u11 on the 22nd day of February, 1972 , and pub1ished >• <uH-~· ><~ u-. u< •~•-<>• ••~ -3 - • -- r 32xl / • - - - AGENDA FOR R.EGUI....AR. COUNCIL SESSION FEBRUARY 22, 1972 co - 8 :00 P.l\1... Call t..o order,. invocation by the Rev. ~~\.-CQ.rrier o:f the Hampden Hills American Baptist Church,. pl~~p;t.-legt._ance led by Pack No .. 58 ,. and roll ca11.. <L-.. .,.oo; ~::-''-e: 1... l\1inutes. • Col...Q.. Special meeting of January 24,. 1972.. (Copies trans- mitted berewi.th. .. ) (b) Regular meeting of February 7 .. 1972.. (Copies trans- mitted herewith.) 2.. Pre-scheduled citizens and visitors .. (a) Recognition o£ •·special guests•• of: the Council .. (b) 1\'l.r,.. ~1 -1\'l .. S ummers,. 31.40 Soutll Delaware Street, will be present todlscuss X-rated movies in Englewood .. 3... Communications -no action required .. (a) Minutes of the Planning and Zonin.,g Com.mlssion meeting ~ of January 1.8 ,. 1972.. (Copies transmitted herewith .. ) (b) Minu·tes o.£ th e "Workable Program Citizens Com.mlttee ~ meeti.n.g of Februa.ry 1.0 .. 1.972.. (Copies transmitted herewith .. ) (c) 1\1.lnutes of the Parks and Recreation Col'XUDission ~ meeting or February 9 ,. 1972. (Copies transmitted herewith.) (d) Minutes of the Water and Se'W'er Board o.f February 1.5,. c------- 1.972. (Copies transmitted hereW'i.th.) (e) Year-·ending .financial report of the Firemens' Pension ~ Fund . (Copies transmitted herewith .. ) (f) Year-·ending financial report or the Policernen.s' L------- Pension Fund. (Copies transmitted herew-ith .. ) (g) Fi.nancia.l report for the month of January. (Copies transmitted herewith. ) (b ) b-1.eTDora.ndu.m to Mr. Sta.n1ey H. Dial,. City ~1anager,. from M.r. Wm. L. bo1.cDivttt. Assis~t City ?d.anager . regarding r ev i ew of Boulder sales t:a.x. refund,. property tax refund,. and special assess:men~ deferral prog:ra.m.s. (Copies transmitted herewith. ) 4. Co-m-munications -action r ecor:nxnended. (a) R ecommendation from the Parks and Recreation Com_mi.ssion that an agreement be entered into with Phelps-B-rauer and Associates, Inc. for pro.£essional services on preliminary master plan of 'a golf course. (Copies transmitted herewith.) · (b) 1\'lemorandu.m from Fire Chief W:m. A . Ha.Dl.iltoo. to Mr. Stanley H . Dial,. City Manager. reco-mmending the purchase of the Jacobs Engi.D.e Brake for the ''tele- squlrt•· pumping apparatus . (Copies transmitted here- with .. ) (Continued) • • - I' - - AGENDA FOR REGULAR COUNCIL SESSION FEBRUARY 22. 1972 Pa.ge2 4 . Communications -action recom:mended. (Continued) (c) :~~r:n~_re~~~=:~~~';:::;d0~£ ;'!~:~~ ~ 1.972.) (Copies transmitted herewith.) (d) Resolution co-mmen.di.ng the service of Messrs. Elmer E. Schwab,. Leonard A. Roboh:m, and John C. Kreiling for service on the Water and Sewer Board. (Copies t:ran.smitted herewith.) . .__------- (e) 1\t.e:morandu.xn £ro-m the Chalrrn.an of the Water and Sewer Board reco-m_mend.i.ng partlcipatlon. in. the Denver Regional Water Quality Plan 1\i.an.age:r:n.ent Coordin.at:lng Group. {Copies transrnitt:ed herewith.) ('() Me-morandum from 1\.k. A. R-Bessette. President of the Colorado Municipal :League, recoD"UD-e:n.ding ft.:nancial support to the Le-ag"Ue t.n the~ pa.rticlpa.tiexl in the P . U . c. bearings on the proposed Mountain Bell telephone rate increase. (Copies tr-ansmitted herewith.) 5. CU:y Attorney. Ordinance CJD. final reading creating Paving Dlstrtct No. 21. (Copies previously tra.n.smitutd-) Bill tor an Ordinance assessing costs on Sidewal-k District No. 71. (Copies tra.n.sn:Litted herew-ith.) Attorney •s choice. 6. City Manager. (a) Resolution authort.Zt.ng the notice of com_pletion o£ ~ Paving District No. 20 to be publi_shed and calling lor a public hearing. (Copies transmitted berewi.th.) (b) Request for Ft.re Cbie{ Wtn. A. Ha.mi_1ton and Captain Del McCarty to attend the 44th Annual Fire Department tns·tructor~s CCJD.Ierence Ln Kansas C·it:y. MJ.ssou.rl. on t-.:t._arcb 1.4-17. 1.972. (c) Manager·s choice. 7. R.ecognlt\on of non-scheduled cltl.zens and visitors. Gener-al discussion. (a) Mayor•s choice. (b) Coun.cil.m..a..n•s choice. 9. Adjournment.. STANLEY H. DlAL City Manager SHD/Ij • -- r 32x • • CJ.:I:X c~f' r 1 ,-• f SPECIAL MEE:T :I:NG: The C~ty Counc~1 o f the City o f E~gl.ewood , Arapahoe County, State of C o l.orado, in special. session Monday, January 24 , 1972 , at B:OO P.M. T h e £o1 1ow~g "Notice of Cal.l.-was read by the City Cl.erk: •NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CXTY COUNCIL MONDAY, JANUARY 24, 1972 8:00 P .M. Tb.e C ity Council. o f the City of E:ng l.ewood, Arapahoe C o unty , Col.orado, i..s hereby ca11ed to a spec1al. meetLng at the City Hal.l., 3400 South E l.at i Street, to co.n-s i.der the fol.l.o-i.ng agenda: (1.) Pu.bl...i.c h e a...ri..ng t o cons ider the c.reati..on of Pavi....ng D i.st.ri.ct No. 21.. S":r:ANLE'Y H . DIAL Ci.ty Manager SHD/i.j ACXNQIWLEDGEHENT OF RECEIPT OF NOT1CE The £ol.1owi....ng persons , a1.1. Counci.1. members of the Ci.ty of Eng~ewood, Co1.o rado, do hereby acknaw1.edge receipt o f not i ce of the above speci.a1 session: /S/ E1.mer E. Schwab /&/ John J . Lay /&/ M i.l...ton E . S enti. /&/ Howard R. Brown /&/ Judith B . Hen.ning /S/ Pau1 T. B1essing /S/ Da11as J. Dhority" Mayor Senti , presiding , ca11ed the meeting to o rder and asked f o r :ro11 ca..l..1-Upon the ca..11 of the r o 11 , the £o11owi.ng "Were present : Counc :i.1 Me:mbers Brown, He..n.n Lng , Lay • Schwab . Senti. Jlt.bse.nt: Counc i..1 Members B1essi.ng , Dhor i.ty . The Mayor dec::l...ared a quorum present . A1so present "Were: City MAnager D ia1 City Attorney BerardLn~ Ci.ty C1erk. Lyon O :i.rector of Pub1ic Wo rks Waggone r COONCXLMAN LAY MC)VEO, COUNCXLWOMAN HENN:I:.NG SECONDED, T~T TEIE PUBLXC HEARING ON THE FORMAT:X:ON OF PAV:I:NG O:X..STRXCT NO. 21 BE OPENED . Upon the ca11 o f the ro11 , the vote resu1ted as fo11ows : Ayes : Counci.1 Members Brown , Henning, Lay, Schwab, Senti. Nays : None Absent: Counc i1 M embers B1essing, Dhor~ty. The Mayor dcc1are d the mot ion carried and the pub1i.c hear i ng o pened at 8:20 P .M . • • • • • • • -2 - (A tape record~n9 of the Pub1~e HearLng o~ Pa~Lng D~str~ct No. 21 is on fi1e with the offic La1 records of the City C1erk.) Listed be1ow in order of first appearance and presentatio n are the undividua1s who testified at the hearing and the exhLbits: C1ty Manager D ia1 made a presentation on the method of formation of pav1ng districts , their constructio n and assessment procedures. D irector of Pub1ic Works Waggoner appeared before City Counci1 and gave a presentatLo n on the types of construction for the paving district and the method of assessLng c o sts . 3000 South Acoma Mr. A1vin Watson, 3045 South Acoma. ap~ared before City Counci1 to inquire about the City•s po1icy concernLog the repavi~g and the c osts borne by the City . Mrs. W i.nni.e W at.k:L.n.s , 2701 South A .co.ma , appeared before Cou.nc .i.1 to :i.nqui.re a.bout the C ity "s po1icy concerning the :repa.vLng and the costs borne by the City. Mr. Keith Linck , 3015 South Acoma, a~peared before C ~ty C o unci.1 to i...nqui.re about the m ethod o f rep1aceme.:nt of s1..de-wa.1ks and the mark.i...ng of curb for rep1acement . 4500 South Aco ma Mr. Robert T . Craig, 4556 South Acoma, appeared before City Counc i.1 and inquired -why the City w anted the street paved when it was paved fifteen years be£ore -when it was annexed to the City. Upon questi-on o f Cou.nci-1, five property O"WTJers i..n the audience s t.ood i..n oppos i t i on t o the pavi...ng. Counci-Lman Lay requested that the C ity administration test the street prior to Counci.1"s decisio n to determ ine that s u fficient base exists to ~arrant a.n over1ay instead o f paving. 210 0 W est Corne11 Mr . Dwayne Pomreni.ng, 2180 West Corne11 , appeared before Counci.1 and inquired about remova1 o f trees and whether this wou1d be assessed against the property owners. 3200 South D e1aware D irector of F inance Lyo n read a petition pre v i-ous1y r eceived by Cit y Counc1..1 bcarLng th1..rty -one s1gnatures representLng seventeen properties out o f a possLb1e twenty -three . Mr. Edward Evers , 3250 South De1aware, appeared before City Counci1 and requested that C ou nci1 pay a portion of the assessment due to the fa.ct that shoppi-ng center traff1..c wa s causing the deterioration of the street . He a1so requested that De1a~are Street be b1ocked to through tra£fic . Mr. Haro 1d Jones ~ 3285 South De1a-are, appeared before City Counc i 1 and stated that he be1~eved the street did not need repavLng . 2 900 S o uth E 1ati S treet f'otrs. A1ice Ga11ego s ~ 2 924 South E1a.t i., appeared before C i ty Counci.1 and expr essed her approva1 of the pav1..n9 o f that street. • • • T 32X • • • • -3 - 2400 South Raritan Street Mr . Rachak~ 2630 South Tejon, appeared before C~ty CouncL1 and 3nqu~red as to costs . Mr. Rachak Ls the owner of property on the corne r o f Baker and Rar itan . Mr. B. J . Bratrsovsky , 1831 W est Harvard , inqu1red as to -hy the paving di.d.n "t extend :i..nto Denver. A11ey East o f 3500 South Fox Street Mr. C1~ff W i.11i.~s , 3538 South Fox, appeared before Counci.1 and requested that the pavLng of the ~ey be he1d o ff one to t-o years because o f r edevelopment. Mr. W i.1 1iams stated that f o ur other property owners adjacent to the a11ey -~shed that the paving be postponed. A~1ey East of 3900 Sooth Ka1amath Mr. Lou is A1dretti, 4 005 South Jason, appear ed before Council question~ the plans for the a11ey c o nstructio n and requested that an esti- mate o f c o sts f o r his property be given . A11 e y East o f 3700 South L i pan Street M.r. John o.:;u.nzner, 3768 South L ::~...pa.n, appeared before Cou.nc i..1 and r equested an estLmate o f c ost o f paving h is a11ey. A11ey East o f 2700 South Linco1n Street D irec tor of Finance Lyon read from three pet ition s conta Lni..nq thirty- three signatures un opposition to the paving o f the a11ey. Mr. Lyon a1so read fro~ a 1etter received fro~ Mr. and Mrs. Pau~ W. Stew-a...rt., 2749 South Sherman Street, i..n oppos ::Ltio n to the pav.LDg of the a11ey. pa.v:i.ng- Mr . Ray Stevens, 2763 South Sherman, appeared Ln oppos ition to the Mrs. Haze1 M ick , 2780 South LincoLn , appeared :in opposition. Mrs. Mary Ena.x, 2772 South Li..nco1..n , appeared i..n oppos itio n . U pon question of C ou.nc i...1 e1even peop1e i...n the aud i ence stood i..n opposition to the pav ~ng , representing seven propert i es . A11ev E ast of 3700 South Acoma Street Mr . John F o ster , 3706 South Acoma, appeared :i..n opposi.t .i..on. (Previ- ous1y sub~:J...tted were the resu1ts o f a te1ephone survey o f eight perso ns abutting the a11ey -ho w ere in oppositio n to the pav~g.) Mr. Foster stated that the was sti11 bas1ca11y resi..denti.a1 and d::~...d not warrant a paved a11ey. Mr. Robert Benton , 3747 South Broadway, appeared in oppos i t i on. Mrs. Mary Westbrook, 3768 South Acoma., appeared i..n oppos iti...on to che paving of the a11ey . A11ey East o f 3700 South Broadway Mr. Arthur Parne11, 3785 South L:i.nco1n , spoke o n beha1~ of the a11ey property owne rs ~ho are in o ppositi...on . Mr. Parne11 stated that their opposi.- t~on ~a s based upon a 1ack of need , benef1t and money. The f o 11owing f 1 v e 1etters of protest wer e sub~i tt ed to the C1erk: Letter dated January 24 , 1972 , from Donna Weitze1. Letter dated January 24 , 1 972 , from C1audi...a and X. J. T raynor. • • • ,32 • - • • -4 - Letter dated January 2 4,. 1972 , from C1eo E. Hi.c.k..man and Dorothy .. J . HJ....ck.ma...n _ Let t er dated January 25 ,. 1 9 72 , from Larry Beaudin ,. PreS.l..dC.nt ,. QuLnt Company . Letter dated January 24, 1 9 72, from Mrs . Harvey Spr inge r. Upon question o f Counci.l.,. ni.ne peopl.e .i...n the audience stood i.n oppositio n t o the pav i ng , representi ng seven properties. Mrs. Eugene Johns, 370~ South Lincol.n, appeared i.n oppos ition to the pav.i...ng o f the a11ey. Mrs. Tom Westerbuhr, 3201 South Banno ck , appea r ed .i...n oppos ition to Pavi.ng District No. 21.. Mr. Eugene Byrne, 3780 South Bro ad-ay , appeared in oppos ition to the pavi.ng of the al.l.ey east o £ 3700 South Broad-ay . 2400 South Ra ritan Street Mr . Rach&k , 2630 South Tejon, owner o f property o n the c orner of Baker and Rar itan , reappeared and r equested that the si.de-a1k be del.eted from the construction ad jacent:.. t o his property as there i..s n o traff ic i...n the area and the property is i.ndustri.a1. COUNCILMAN LAY MOVED, coo·NCILMAN BROW.N SECONDED , T HAT THE PUBLIC HE.A.RING BE CLOSED. Upon the caLl.. of the ro~1,. the vote resu1ted as f o11ows: Ayes: Counci.1 Me.mbers Brown,. Benning, Lay , Schwal::>, Senti.. Nays: None Absent: Counc i.1 Members B1essi.ng, Dhority. The Mayor d e c1ared the motion carried, and the pub1ic hearing c1osed at 10:03 P.M. COUNCILMAN LAY MOVED,. COUNCILMAN SCJ'Ao¥AB SECONDED , THAT TFIE MEETXNG BE ADJOURNED. Upon the ca11 of the ro11 , the voce resu1ted as £o11ows: Ayes: Counc i.1 Meznbers Bro~,. Henni..ng , Lay , Schwab, Senti. Nays: N o ne Absent: Cou.n ci1 Members B1essi.ng, Dhc::»r i.ty. The Mayor dec1a.red the motio n carried , and the meeting adjourned at 10:04 P.M. ~~~ ;;;.> E~erk o f the<::i:i • • • r 32x • • • • 0 - ••s PEC1AL CITIZEN PROGRAM INVJ:.TEES 9 February 22. 1972"" Precinct No. ~: Mr. and Mrs. d:J and Hr .s . Prect.nct No. 2 ....<r. and Mrs. r. and Mr s . Mr. and Mr s . Preci.nct No. 3 Mr. a .nd Mrs. Mr. and Mrs. Mr. and Mrs. Precinct No. 4 .....{!r. and Mrs • Mr. and Mrs. Mr. and Mrs. Precinct No. 5 Mr. and Mrs. Mr. and Mrs. Mr. and Mrs. P r ecinct No. 6 Mr. and HTS- Mr. and Mrs. Mr. and Mrs. Preci.nct No. 7 Mr. and Mr s . Mr. and Mrs • Mr. and Mrs . Preci.nct No. 8 Mr. and Mrs. Mr. and Hrs. Mr. and Mrs. ~ c:'g C ~'.cJ -" L I ~Ut\.'fEJ\rr r: . ~o ur~, Conrad Helchi.or. 2018 West War~ Dennis Kelley. 2392 West Warren Avenu~ Tony Pena • 21.6 7 West Warren Ave·nue <: •• ::;o 3'S'""' .._.."' __,..._ ""'*~ Lyle l;;-.ldri.cb, 1' ~ Pea• 9 t:: th Avenue Will {~ 0 . Ada~, 32 10 South Fox Street Peter R. Ana ci.to, 3030 South Bannock Street Dennis D. An-aya. 2957 South Logan Street Henry 1:. Demary. 3277 South Sherman Street Ca rl c . Ebert. 3075 South Grant Street Carl R. Blanscet. 3700 South Gal.ap ago Street Robert s. Abel.l. 4020 South Fox Street Philip D. Dewt.na. 3750 South Huron Street Ral p h 0. Strandeo . 2885 S o uth D own ing Street Earl H. Pring. 2701 South Emers o n S t reet Da.ni.el c. Cran ey . 3139 S o uth Washing ton S t reet Lyle R. Absl'rer. 3456 South Downing Street Calvi.n s. Achey. 3 090 South Mar:lon Street Juli.an Archuleta, 3318 South Corona Street Geo rge E. Di.ggory, 3408 South Race Street C harles E. D:lm.i. t" 3415 South Race Street Ri.chard c . Fall, 3 126 South Vi.ne Street Hans Peter Aebersol.d, 3600 Souch Pearl Streec Lout.s w. Dt.amond , 3540 South Pea rl. Street John w. Di.ck.. 3576 South Loa an Street • • • 1'32X • 0 - Page 2 -February 2?• 1.972 Council Invi.tees Preci.nct No. 9 H-r. and Mr s . Ri.chard DeVoe, 4005 South Logan Street HT . and Mr s . Gil E. Eggl.eston, 391.1 South SheX'U18D S treet H-r. and Mrs. Emil H. Fankhauser, 4025 S outh Pennsy 1 van i.a S treet Precinct No. 10 H-r. and Mrs . Gordon c. Dade, 4286 South Acoma S treet H-r. and Mrs. Walter A. Ehrli.c.h , 4106 S outh Che roke e Street M-r. and Mrs. Nyland R . Eichhorn , 4101 South Inca Street Precinct No. 11 M-r. and Mrs. George Arnold , 41-4 3 South Pearl S treet Mr. and Mrs. Everett E. Denni.ng, 4 3 45 South Wasbi.ngton Street HT. and Mrs. Harvey H. Dibbern , 4 30 8 South Pearl Street Precinct No. 12 H-r. and Mr s . Robert w. J ackson, 4600 Sou th Huron Street • M-r. and Mrs. Robert Herdt, 4541 South Kala.ma.th Street H..,. and Mrs. Roger N . Yanke, 45 3 6 S outh Delaware Street Pre cinct No . 13 Mr. and Mrs. Vi.c t o r R. Daley, 5034 South G rove Street M-r . a,nd Mrs . Hurson P. DeNolf , 3958 West C henango Avenue Mr. and Hrs . Teddy Di.lly. 5045 South Haw·thorne Str eet P-re ci..nct No. 14 Mr. and Mr s . Dona1d Amidei. 5020 Sout-h Elati S treet Mr. and Mrs. Robert H. Gf.lbert . 4986 South Inca Dr!.ve H-r. and Mrs. Wi11i.am s. Glasi.er . 5051 Sou th Acoma Street Precinc t 15 Mr. and Mrs. Wi.l.li.axn R . Ai.ton. 4811. South Kalatnath S treet Hr. and Hr.s. Geo rge A • Frantz. 482 5 South Huron S treet • M-r. and Mrs. Arthur Freck..a . 4 7 65 South Elati S treet Preci.nct No. 16 Mr. and Hr s . Law-rence A. Dexter. 4444 S outh L1-nco1n S treet Hr. and Hrs. Ri.chard Di.nkel . 4465 S outh C l.ark.son Street H-r • and Hrs. Ted Eaton. 4546 South Washington S treet • • • • • T 32X • • 0 - ""SPECIAL CITIZEN PROGRAM INVITEES, Fe-bruary 22, 1.972"" Prec.i.nct No. Hr. Hr. Hr. and Mrs. and Mrs. and Mr s. Conrad Melcbi.or, 2018 West War~d=~~env« Dennl.s Kell.ey, 2392 West Warreir 1 A-¥e~r_ _ Tony Pe_n.a, 21.67 West Warren Ave:nue . .._.._.._.,.._.:...o. c~:;'~-O- P-rec'Lnc.t No. 2 Prec.Lnct Prec.i.:net Preci.:nct P-reci.nct Me". a .nd Mrs. Lyle Cal.dri.c.b, 1.43 West Dartmouth Avenue Mr. and Mrs. Wl.l.l.Lam 0. A~. 3210 South Fox Street Mr. and Mrs. Peter R. Anaci.to, 3030 South Bannock Street No. 3 Hr. and Mrs. De:nni.s o. Anaya., 2957 South Lo&an Street Mr. and Mrs. Henry I. ~>e~aary. 3277 So-uth Sherman Street Mr. and Mrs. Carl. c. Ebert, 3075 South Grant Street No. 4 Mr. and Mrs. Carl. R. Bl.aoscet, 3700 South Gal.apa&o Street Mr. and Mrs . Robert s. Abel. I., 4020 South Fox Street Mr. and Mrs. Pbi.li.p D. 04!'Wi.n.&. 3750 South Huron Street No. 5 Mr. and Mrs. Ral.ph 0. Strandeo, 2885 South Dcnnd.nc Street Mr. and Mrs. Earl. H. P-rt.na. 270~ South Emerson Stre-et Mr. and Mrs. Da.ni.e1 c. Graney. 3~39 South Waabi.naton. Street No. 6 Mr. and Mrs. Lyl.e R. Absher. 3-456 South Downi.n& Street Mr. and Mrs. Cal.vi.n s. Achey. 3090 South M.ari.on Straet Kr. and Mrs. Ju1i.an. A.rc.bul.eta. 33~8 South Corona St.re.et Preci.nct No. 7 Mr. and Mrs. George E. Di.&cory. 3408 South R.ace Street Mr . and Mrs. Char1e.s E. Di.mi.t. 3415 South Race Street Hr . and Mrs. Ri.c..hard c. Fa1l. 3 ~26 South VLn.e Street Preci.nct No. 8 Mr. and H .ra. Han.a Peter Aeberao1d .. 3600 South P•arl. Street Mr. and H-ra. Loui.a w. Di.emon.d. 3540 South Paarl Street Mr. an.d Mr•· John w. Di.ek. 3576 South Loaa:a. Street • • - - - - - 0 - Page 2 -February 2~, 19 7 2 Council Invitees Precinct No. 9 Mr. and Mrs. Richard DeVoe , 4005 South Logan Street Mr. and Mrs. Gil E. Eggleston, 3911 South Sherman Street Mr. and Mrs. Emil H. Fankhauser, 4025 South Pennsylvania Street Precinct No. 10 Mr. and Mrs. Cordon C. D ade, 4 286 South Acoma Street Hr. and Mrs. Walter A. Ehrlich, 4106 South Che rokee Street Mr. and Mrs. Nyland R. Eichhorn, 41 01 South 1nca Street Precinct No. 11 Mr. and Mrs. George Arnold, 414 3 Sou th PearL Street Hr. and Mrs. Everett E. Denning, 4 3 45 South Washington Street Mr. and Mrs. Harvey H. Dibbern, 4 308 S outh Pearl Street Precinct No. 12 Mr. and Mrs. Robert w. J ackson, 4&00 S outh Huron Street Mr. and Mrs. Robert Herdt, 4541 South K.a 1 a1l1& th St-reet M.r-and Mrs. Roger N. Yanke, 4536 Sou th Del.aW"are St-reet Precinc t No. 13 Mr. and Mrs. Victor R. Daley, 5034 South Grove Street Mr. and Mrs. Hurson P. DeNol£, 3 958 West Chenango Avenue Mr. and Mrs. Teddy Dil.ly, 5045 South Hawthorne Street Precinct No . 14 Mr . and Mrs. Donald Amidei, 5020 South El.ati S treet Mr. and Mrs. Robert H. Gilbert, 498(. Sou th Inca Drive Mr. and Mrs. Wi.llLa:m s. Gl asi er , 5051 South Acoma Street Precinct No. 15 Hr. and Mrs. William R. Ai.ton, 4811 South K.alatnath Street Hr. and Mrs. George A. Frantz, 4 825 Sou th Huron Street Mr. and Mrs~ Arthur F-recka, 4 765 South Elat i Stree t Precinct No. 16 Mr. and Mrs. Lawrence A. De xter, 4444 Sou th Lincoln S treet ; Hr. and Mrs. Richard D~nkeL , 4465 S outh Clarkson Street Hr . and Mrs. Ted Eaton, 4546 South Washington S treet • '· Of -- r 32 - • • • • • - Eng1ewood C~ty Counci1~ 11fe ur~ you to pa•• an ord'l..nance ...._k:LDC '!.t u.u.~a..,.-r.u"l.. ~or any peraon or per•on• to •hoW X-rated :l..o Rn&1ewood and that you. acce•• •u.1.tab1 e peo.a1ty 1or any v:l..o1at~on ~or •ucb ordinance. S:l.g:ned : C~:l..ttee 1or tbe Oppo•:l..t:l..on 1or ~ndece~t p 'l..cture5 • • • • • • • • • - February 21, 1972 E~g1 ewo od C~ty Counc~1: Ae 1ong time property owner• w. protee t the ebowi ng or X-rated or indece nt picture• at tb• Gothic Theatre. Since Eng1ewood ha• no ordinance• againe t the ebo~n g o~ euch picturee , we •u geee t that you pa --an ordinance agai u.t •ucb act:t.on. •• ~u..r t~r eug-ee•t tbat t .be ordinances app1y tQ eve rooe connect~d w1tb the •bow~ng o~ tb••• picture• in- c1ud ing tbe owner , tbe o~rator and t :l..ek•t --1 1 •r a o d any otber ••p1oy ee . We ~urtber •ue_aeet that you acce•• a pena1ty o~ $1..50 a-d 90 day-• in .jai1 ~or e ach i.od...:l.,.~1 p:l.cture •b.oWD. We .. ~urtber euca-•t tbat you p••• an ord:l..u.nce to •ak• it un- 1aw~u1 ~or a property owner or anyone having contro 1 o~ property to rent or per.it any property ~or tbe uee o~ •bowing of indece nt picture• and a cce•• a pena1ty o~ $300 a day or a ~ai1 ••ntence o ~ 90 day• ~D j a~1. or both. ~or e acb day tbe picture i • •howu . We uree you to pa •• thi• 1e~i •1ation ~m.ed Lat e1y. • ) • • r 32xl • • • • ( OFF ICI c::rr:iC cou-~ CITY OF E GLEWOOD PLANNI G ArJD ZO ING CO .. MISSION JANUARY 18, 1972 ~ I-cou-c ..... c::::;:rEX. OF..: ENGLt:.VO CALL TO ORDER_ The regu1ar meeting oJ the City P1anning and Zoning coMmission ~as ca11ed to order at 8:00 P.M . by Chairman Kenneth Car1son. Members present: Members absent: We ist: Henning: Vobejda: Barton: Brown ; Lentsch ; Robins: Car1son Supinger, Ex -officio Mosbarger A1so present: D . A. ROmans, Assistant Director o£ Co~un ity Deve1op- ment; City Attorn~y Berardioi . II APPROVAL OF MI TES_ Mr. C arl.son stated that. Minutes o£ January 4, 1972, were to b e c on- si d ere d ~or approva1 . Lentsch moved: Henning seconded: The Minutes of January 4, 1972, be approved as written. The motion carr~ed unanimous1y. I I I. HEIGHT EXCEPTI ON B1ock 6 , Prem1er Add Lentsch moved : CASE =2-72A January 4 , 1972 Henn ing seconded: The matter of the requested Height Exception for property i n B1ock 6~ Premier Addition~ be raised :Crom the tab1e. The mo~ion carried unanimous 1y . Mr. Car1son asked Mr. Supi n ger to review the request. Mr . Supinger sta~ed that the app1i can ts now have an option to purchase property owned by Mr. L. D . Wa~son~ adding £our 1ots to the tota1 area pro- posed to be dev 1oped ~itb an o ff ice bui1d ing and off-street parking area . r. Sup~ngcr stated that amended p1ans indicate the height o£ the structure bas been reduced from SO ft .• with a request for 20 £t. height exception. to 65ft •• requesting now on1y a 5 ft. exception. Nr. Supinger sta ted that the are a of the bui1ding has been increased, as bas the number o f off-street parking spaces the app1icants are providing . Mr . Supinger stated that the number of o£X -stree~ parking spaces provided does meet the minimum requirements oX the Comprehensive Zoning Ordinance. !rs . Henning inquired ~1 the option was for ~e entire parce1 owned by !r . Watson? Mr. Supinger rep1ied that it did encompass the e D- tire parce1. Mr Barton asked i£ th bui1ding wou1d now be four £1oors? M.r . Supinger stated it wou1d be f our f1 oor s. w ith the mecbanica1 structure on top. Mr . Supinge r stated that the app1 ica nts are not requesting that additiona1 a11ey -way be va cated beyond their origi na1 request considered by the P1anning Commission January 4th. Mrs .. H enning asked i:C an exception • .ii granted. wou1d gq. wi..tb the 1and or with the owner? Mr Supinger s tated it wou1d g o with the 1and _ -1- • • • , • - ( • • Mr. Brown re~erred to the following statement £rom Publi c Works Depart.Dient: ""The description of the tract 1isted under (2) of your memo includes 19 feet +/-of Sherman Street although the plot p1ao of the proposed o£fice building does not. Since there is some question as to the status of Sherman we should probably require a quit claim deed for the 19 feet.•• ,r. Brown asked if this is a problem? Mr. Supinger stated that requiring the quit c1ai..m deed ""oul..d be clearing up ownership of the 1and in that particular location. Dis- cussion £o11owed. tr. Supjnger suggested that approval, if given by the Commission~ should be tied to the p1ans submitted January 12, 1972. Discussion £o11owed.. Mr .. Brown stated he was concerned about the drainage on ~his si~e. He asked wha~ ~he additiona1 blacktopped parking area would mean ~o surrounding property owners in terms o£ increased run- off? Discussion £o11owed. Mr. Brownwas referred to the comments from the Public Works Department as included in the staff report. Mr . Lentsch stated he Le1t the storm sewer would take care o£ the problem. Further discussion fo11owed. I....entsch moved: Vobejda seconded : The City Planning and Zoning Co~ission recommend to City Council that request for Height Exception :t-or property i n Block 6,. Premier Addition,. under opti..on by Offices,. Ltd., be approved: such approval to permit the constructi..on of a 65 rt., :Cour story orfice bui1ding,. as sho~n on plans dated January 11, 1972, in the B-1 Zone District. Criteria set forth for Commission and Council consider ation in granting requests :Cor height exception is met by the applicant. with part icular reference to the provision of avai1ab1e and suitable o£f-street parking. The motion carried unanimously. XV. OFF-STREET PARKING PLAN Block 6, Premier Addition CASE #3-72A January 4, 1972 Mr. Ca rlson stated that consideration o :C the off-street parking plan,. as submitted by Offices,. Ltd.,. bas been tabled . Brown moved: Henning seconded: That consideration o f the of£-s treet park ~ng plan for O Lfices . Ltd.,. be removed from the tab1e . The motion carried unanimously. Mr. Supinger noted that with the incre ase ~n the f 1oor area o f the proposed bui1di n g £rom 20,400 sq . ft . to 24,352 sq . ft ., the number o~ required o~f -street parking spaces bas also been increased. Mr. Supinger noted that th e 82 spaces shown on the plans submitted to the Depa r uaent of Community Oeve1 opme nt on January 12, 1972 , do m eet the minimum requirements £or a building of the proposed size. tr. Supinger noted that the design and 1ayout of the parking 1ot,. as shown on the p1ans o£ January 12th submission, does meet the approval of the staff . Discussion fo11owed. Lentsch moved: Vobe~da seconded: The P1anning Commission approve the parking 1ot design and layout proposed by O ffices . Ltd.,. on p1ans dated January 11th, wbich parking 1ot shows sp a ces for 82 cars. The mot~on carried unanimous1y . V. DENVER REGYONAL C OUNC IL OF G O VERNMENTS. Mr. Car1son stated that a member o f the C ouncil of Government s staff has been i nvi ted to speak to the members o f the Englewood Planning Commission on the functio ns and purposes of the Council o f Govern- ments. -2- . , .• I! • • T 32X r, • • • • Mr. Larry Borger. of the Counci1 of Governments. stated be was a ~ormer City Manager of the City of Litt1eton. Mr. Borger stated that he woul.d 1ike to give a background summary of the Council. of Govern- ments. Mr. Borger pointed out that the Council. of Governments i.s a vol.untary association of a11 cities and counties in the five -coun ty metropo1itan area. At present, the membership is 28 cities and al.l. ~ive counties. Mr. Borger stated there are 1.2 mil.l.i.on peopl.e in the Denver metropol.itao region. and the rate of growth is 90 persons per day. Mr. Borger stated that in 1966 • the ·•Inter-County Regional. P1anni.ng Commissi.on·• was reorganized into the Denver Regional. C ouncil. of Governments. and the representatives of the member cities and count:i.es were changed from ••appointed '' to ••e1ected offici.a1s ••. ~tt. Borger stated that COG is financed from vo1untary dues paid by me~ber jurisdictions, and f rom Federal.. Grants. Mr. Borger stated that 1oca1 contributions amounted to $400,000. Mr. Borger stated the purpose of the Council.. of Governments is to coord:i.nate efforts of the me~ber jurisdictions on such things as bike routes, sewer syste~s, drainage systems, etc ., and to promote vo1untary cooperation between the governmental.. agencies in the metro area. tr. Borger stated that some or tbe projects current1y being under- taken by the Council.. of Governments inc1ude Transportation P1anning: Housing ; Hea1th P1anning; and o~ers. Mr. Borger noted that a11 app1ications for Federal.. Aid in the Denver Metro Area must go through the Council.. of Governments. Mrs . Henning asked if the counties bad been as agressive in cooperation as the cities? Mr. Borger stated that as far as the financial.. situation was concerned, that the Counties were paying more than the cities . He stated be d idn't know how the situation was as far as participation in the programs of the Council.. of Governments. Mr . Berardini asked if the water and sanitation districts, for in- stance, were considered a form of 1oca1 government? Mr. Borger stated that the special.. districts, as water, sewer, fire, etc., have been downgraded to associate members; this does give the right of attendance of the Board members of the special.. districts at the Cou n c:i.1 of Governments meetings, but they cannot vote. Mr. Borger pointed out that there are 200+/-specia1 districts in the metro area. Mr. Borger stated that the member cities and counties are a11owed one vote each. Mr. Barton asked how much in~1uence the Federal.. Government exerted over the Council.. o£ Governments? Mr. Borger acknow1edged there was some inf1uence exerted by the Federal.. Government. He stated that the Council.. of Governments does work with the Federa1 Government and a1ong the Federal.. Government guide-1 ines. Mr. Borger ci.ted in- stances where an ••environmenta1 impact statement•• is now required on some deve1opments. He noted that 1oca1 governments shou1d have been requiring these statements 10 years ago. Discussion fo11owed. •~-Borger stated that if the Regional.. Service Authority became a rea1ity, the Counci1 of Governments wou1d be absorbed into this body, as wou1d the Urban F1ood and Drainage Contro1 District, and other simi1ar bodies. Mr. Robins asked if a majority vote ru1ed, and ir there was a veto power. Mr. Borger stated the majority vote does ru1er and there is no veto power . -3- • • • I' • • • • Mr. Borger stated the Counci1 o:f Goveru.m.ents n.o·w has 46 em.p1oyees. and stated that the Counci1 of Governments bas doub1ed in size in 2-1/2 years. Mr. Supinger discussed the Northwest Eng1ewood-Co11ege Vie-w area and the redeve1opment progr~ now going on in Co11ege View and proposed :for Northwest Eng1ewood. Mr. Supinger pointed out that this shou1d have been considered as .. one area ·• • and stated he wou1d hope the Counci1 of Governments wou1d deve1op into an agency that wou1d urge that the ·•who1e prob1em·· shou1d be con.sider·ed and not just part o:f it . Mr. Barton asked i~ the Counci1 of Governments bad information avai1ab1e on goa1s a City cou1d work toward? Mr . Borger stated the Counci1 of Governments had a 1ibrary of COG pub1ications plus pub1ications from other sources. He invited members who were in- terested to come to the of~ices o f COG and look through the library. Discussion fo11owed. Mr. Borger disc~ssed the proposed channelization of the South Platte River by the Corps of Engineers. Mr. Borger stated this channeliza- tion wi11 go to Hampden Avenue and wi11 cost $760~000 for a two ~i1e long pro~ect. After channelizatio n~ the land next to the river wi11 be suitable for development ; but~ there wi11 have been damage to the ecological situation . Mr. Borger stated that the City of Littleton bad decided to add 1oca1 ~unds to the pro~ected $760~000 cost~ and purchase the 1and next to the river that is sub~ect to f1ooding. The City would then develop this 1and as park and open space~ and would sti11 be meeting the fl.ood control. criteria. Mr. Borger sug- gested that the City of Englewood consider the same procedure for the sma11 portion of the Platte River that runs through the City. Mr. Borger discussed a proposed seminar the Council. o£ Governments is attempting to set up for Planning Commission members. The seminar wi1.1 deal. with ··what it means to be a Pl.anning C o-mm ission member·• ~ and wil.l.~ hopefu11y~ start on March 6th and run six weeks . This wi11 be in conjunction with the University of Colorado . Mr. Borger urged the Englewood C ommission members to attend this seminar if it does indeed become a real.ity. Mr ... Brown congratulated Mr . Borger on his new position with the Council. of Governments~ and asked if Mr. Borger fel.t the City of Englewood was putting enough into the Council. o:£ Govertlnlent.s~ and if the City was getting many benefits from their membership? Mr. Borger indicated that the City had very good representation to the Counc~l. o£ Governments. He noted that Mr. Sent i attends the Council. meetings regu1ar1y. He stated he fe1t the City of Engl.ewood making a good impact on the Counci1 of GovernmeOCs. Mr . C ar1son thanked Mr. Borger for his presentation .. V. DIRECTOR • S CHOICE !rtr. Supinger stated he had nothing to bring before the Commission. VI. C OMMISSION •s CHOICE Mr. Car1son noted that the annual. dinner meeting of the Counci1 of Governments is schedu1ed f or February 23. 1972~ which wou1d al.so be the evening of the regul.ar P1anning Commission meeting.. Mr. Carl.son noted that it has been customary for members of the Commission and staff to attend the Annual. Dinner meeting .. Mr. Borger•s presentation was discussed. Members of the Commission fe1t the presentation was very informative • The meeting adjourned at 9:25 P.M. ~~&! Recording Secretary • • ~'32x - - - - MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION_ DATE: January 18, 1972 SUBJECT: Height Exception~ B1ock 6, Premier Addition REOOMMENDAT10N: The City P1anning and Zoning Co~ission recommend to City Counci1 that request for Height Exception £or property in B1ock 6 , Premier Addition, under option by O££ices, Ltd., be approved ; such approva1 to permit the construction of a 65 ft., four story of£ice bui1ding, as shown on p1ans dated January 11, 1972, in the B-1 Zone District . Criteria set forth for Commission and Counci1 consideration in granting requests for height exception is met by the app1icant, with particu1ar reference to the provision of avai1ab1e and suitab1e of£-street parking_ - Respectfu11y submitted, By Order of the City P1anning a n d Zoning Comm1ssion~ • -- r 32x - - - - - ( MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: January 4. 1972 SUBJECT: A11ey Vacation -B1ock 6. Premier Addition RECOMMENDATION: The P1anning Commission recommend to City Counci1 tha~ the souther1y 72.5 feet of the a11ey in B1ock s. Premier Addition. be vacated. Uti1ity easements are to be retained . Respectru11y submitted. By Order of the City P1anning and Zoning Commission . 4~~~%~--GertrU e G ... We~ Recording Secretary \ ! ~ -- r 32x • • • ~c~~='",..,.tc-, ENGLEWOOD PARKS & RECREATrO!' CO::\O.USSION y -"''l.. 1\.I..i.nutes o£ February 9, 1972 .. _.r-NT" Fr ,.. The regular J»>nthly meeting o:f the Englev.--ood Parks & Reer~ICZliiJ~~i.~n D-€ £NG1_-. • r -w-a..s cal.led to order by Paul Blessing, cba..lrman, at. 7 =30 p .. 'ID... in the Parks & Rec ~~,. Office. 3400 South E~ntl.. • :P.:I .ernbers present: ~~~ ~~shing. Blessing. ~'i.c Fa..dden. Scb"W"a..b. Poole, pr WORKABLE PROGRAM CXTXZE s · CO Regul.ar Meeting February 10, 1972 ITTEE n't : J. Louis Parkinson : Rus s 11 G . ~oods, Reverend Herbert Hosanna : V~ W ~ ~: E dna Hern; Judith B. Henning : Jacqu tack h o u George Johnston; B:i.11 Boom ; Charl.e s R nn 1 n Edna Tourtel.ot ; Herbe rt t o b arge r : W 111~am Stevenson .. Members absent : Berry S1ater: Bever1y Gonza1ez : Pat Decker : Ru t h A11en ; ':i.1ton Senti : Or. C harl.es Z artman : Ma 1co1m Co11:i.er ; Gi 1bert Va1dez .. Others present: Mr .. Joe Simmons, Project Leader, Neighborhood Improvement Program, C ity o~ Denver. The meeting o~ the Workab1e Program C it i zens • Committee was c a11ed to order at 7 :45P.M., Chairman Parkinson presiding. The minutes of the Regu1 a r Meeting on January 13, 1972, were approved as written on a motion by Mr. Stevenson and seconded by Mr . Johnston. Chairman Parkinson asked for reports ~rom the four sub- committees: (1) Pub1ic Re1ations: Char1es J. Henning, Berry J. S1ater, Ruth H. A1ien, Jacques Stackhouse, Reverend Hosanna, (2 ) (3} Bever1y Gonza1ez. Severa1 o£ the members of this Committee have discussed the matter informa11y by phone, and have genera11y agreed that there is nothing that this committee can do unti1 the other committees deve1op a program or p1an of action . o chairman bas been se1ected . Loca1 Housing and Urban Renewa1 Authority: Gi1bert Va1dez: "'WT"'T"1am Boom: c;ec;rge Johnston; Ma1coiiD E. Co11ier, Jr.; Arthur Ryan, Ex-officio • The members of this committee have not met t~ this time. an~ no chairman bas been se1e~ted. Neighborhood oeve1oPment Pro~ram: Russe11 G. Woods, Jr.; Or. Cbaries Zartman; Judith B. Henning; Herbert tosbarger ; Vi Weist ; Edna Hern . The members of this committee have not met to this time, and no chairman has been se1ected • • • • • • • 0 - WORKABLE PROGRAM CITIZENS" Regu1ar Meeting February 10, 1972 COMMITTEE c,;;o~..,- FE: "C'.t. ,-•t_ Members present : J. Louis Parki.nson: R"Usse11 G. Woods, J;:·::--u_ Reverend Herbert Rosanna: Vi Weist: Edn a C oLQ Hero; Judith B. Henning; Jacques Stackhouse: Ge orge Johnston: Bi11 Boom; Char1es Henning: Ed na Tour"t:el..ot: Herbert Mosbarger: Wi11iam Stevenson. 1embers absent: Berry S1ater: Beverl..y Gon..z.al.ez; Pat Decker: Ruth A11en ; Mi1ton Senti; Or. Char1es Zartman ; .'la1co1m C<>11ier ; Gil..bert Val..dez.. Others present: Mr . Joe Simmons, Project Leader, eighborbood Improvement Program, City of Denver . The meeting of the Workabl.e Progra~ Citizens• C ommi ttee was ca11ed to order at 7:45P.M., Chairman Parkinson presiding. The minutes of the Regu1 a r Meeting on January 13. 1972. were approved as written on a motion by Mr ... Stevenson and seconded by Mr. Johnston. Chairman Parkinson asked for reports from the four sub- conun it tees: (1) Pub1ic Re1ations: C har1es J ... Henning. Berry J ... S1ater. (2 ) (3) Ruth H. A11en. Jacques Stackhouse. Reverend Hosanna, Bever1y Gonza1ez ... Severa1 of the members of this C ommittee have discussed the matter info~a11y by phone. and have genera11y agreed that there is nothing that this committee can do unti1 the other committees deve1op a program or p1an of action. No chairman bas been se1ected ... Loca1 Housing and Ur ban Renewa1 Authority: Gi1bert Va1dez : WTTLTam Boom: George Johnston: Ma1co1m E. C o11ie r, Jr.; Arthur Ryan. Ex-officio. The members of this committee have not met t~ this tLme. an~ no chairman has been se1ected ... Neighborhood Oeve1oPment Pro~ram: Russe11 G. Woods. Jr.; Dr. C har1es Zartman; Judith. Henning ; Herbert .,tosbarger; Vi Weist: Edna Hero. The members of this committee have not m e t to this time. and no chairman bas been se1ected ... • • • r 32 • • • 0 - (4) Environmenta1 C ode Enforcement: Wi11iam Stevenson: G:J..ibert Vai:dez: Reverend Hosanna : Edna Tourte1ot. The members of this co~ittee have met, but have not £orma11y se1ected a chairman. The members fe1t an initia1 step wou1d be to contact other communities to find out what procedure is being fo11owed. Mrs . Tourte1ot has contacted the City of Aurora, and has received the names of persons in Aurora who are serving in simi1ar capacity as this committee. Mrs. Tourte1ot reported that peop1e are working on the Environmenta1 C ode Enforcement in Aurora, but they apparent1y do not have anything concrete as yet. Mr. Va1dez vo1unteered to contact the City of Litt1eton, and had no report to fi1e with the committee prior to his 1eaving town on business. Mr. Va1dez did~ however~ report to the secretary tha~ he has viewed some of the new 1ow income housing in the Denver C o11ege View area. and is somewhat concerned about the endurance of materia1s used in the units. Mr. Stevenson was to contact the City of Denver and has had pre1iminary discussions with Mr .. Joe Barry. Progra.m Director of the Denver Federa11y Assisted Conservation Encouragement: Program (FACE) .. Mr . Stevenson has an appointment to meet with ~~-B a rry on February 15. 1972, to discuss the program in more detai1 . Mr . Stevenson reported that because of the 1arge p opu1ation, many agencies in Denver are invo1ved in enforcement. inc1uding the Division of Hea1th and Hospita1s, which agency makes hea1tb inspections. Mr .. Stevenson said that it appears that many peop1e are p1eased with Oenver·s FACE program; however. there are iso1ated instances where there have been prob1ems, and this has 1ed to unfavorab1e pub1icity i n the Denver newspapers .. Further reports ~rom these co~ittees wi11 be made at subsequent meetings o~ the C ommittee of-the-who1e . Mr .. Joe Simm.ons was introduced and acted as during the remainder of the meeting. resource person The Committee discussed prob1ems £acing the construction t r ades~ most particu1ar1y in re1ation to the difficu1ty of finding persons wi11ing to spend the necessary time for such ski..11s as carpentry and roofing • Some o£ the requirements of tbe Housing Code were discussed in re1ation to the Housing Code check1ist which was sent to mem - bers for review. M rs. Weist expressed concern that in some in- -2- , • • r • • • • 0 - s~ances, peop1e might be required to rep1ace equipmen~ un- necessari1y: referring i n particu1ar to a requirement in Denver Lhat a conversion £ur nace cou1d not be approved 7 whereas FHA and other agencies ~ind them acceptab1e. She stated that i f such furnaces are not safe, she cou1d agree with the provision, otherwise, she wou1d question the necessity f or the restriction. Reverend Hosanna questioned in view of tbe present housing shortage, that i t wou1d be po1itica11y acceptab1e to condemn a house because it bas no window or door screens. Mrs. Henning stated that in her opinion, the C ity wou1d be con- cerned with major safety factors on housing inspections, and not on minor requirements. Mr. Simmons exp1ained that some of the regu1ati..ons may be estab1i..shed by the Federa1 government in the FACE program areas rather than by 1oca1 ordinances. As an examp1e. he cited the requirement that e1ementary schoo1s must be on at 1east a three-acre site and pointed out the difficu1ty of meet~ng th is requirement in some neighborhoods. The practice of s ome cities o~ requiring an occupancy permit to be issued each time a renta1 unit is vacated and reoccupied was discussed. Two cities. Litt1eton and Aurora. are reported to have such a procedure and charge a fee to cover the cost of an inspection of the vacated unit . If any maintenance is re - quired. an occupanc y permit is withhe1d unti1 the necessary work is comp1eted. Some of the members were of the o p inion that this might be difficu 1 t t o enforce in an area where there is an extreme housing shortage a n d units are reoccupied aLmost as soon as they are vacated without the property being ad - vertised as va c ant . In discussing ins pec t i on procedure. Mr . Si..mmons sta"t-ed that in the case of the Denver FACE program. the Department of Hea1th and Hospita1s wou1d make the initia1 inspection fo11owed by an inspection by the Bu i 1ding Department ; because two depart- ments are in vo1ved. it is possib1e to arrive at differing estimates on the ma intenance cost . The p r ob1em of having two different departments with differing persona1ities making in- s pe ctions. wa s considered and it was suggested that this wou1d not be as desirab1e as to have the inspectors operate under one department. where there wou1d be a possibi1ity for better c oo r dination and a c1oser 1iason . l\1r. S i m.ntons e.xp1ained tba t: in the case o f the areas in Denver where redeve1opment has been undertaken. a survey bas been made throughout the neighborhood of the exterior condition of housing units and of a11 pub1ic faci1ities and the traffic circu1ation. On the basis of this information. a comprehensive p1an is prepared for the neighborhood. Mr. Simmons a1so di.s- -3- • ) • • r • • • • • - c~ssed the recent requirement that the 1oca1 government must pay one -third o~ the cost o f re1ocation when persons are dis- p1aced by g overnmenta1 action. Mr. Simmons discussed the p1ans to construct housing for the press during the 1976 01ympics. which housing must be avai1ab1e by October of 1975. Mr . SLmmons estimated that GOO fami1ies wou1d be disp1aced by this action and that they wou1d have to be rehoused, preferab1y on a scattered site basis . The City of Denver wi11 app1y for a Demonstration Grant f or assistance in this project. He added that in his opinion. disp1aced fami1ies shou1d have a choice of re1ocating in the inner-c ity or ~n the suburbs. Mr . Si.nurtons al.so discussed the matter o f temporary housing such as in mobil.e homes and suggested if the committee were to con- sider temporary housing. that it woul.d be advisabl.e to discus the matter with HUD representatives to find out the areas of uuo·s oppos~tion. Mr. S:i.Jnmons outl.ined three phases of renewal. assistance: Redevel.opment (cl.e arance ) Reha.bil.itation C onservation (FACE) He al.so discussed non-cash credits and the probl.em of l.osing them if a redevel.opment program were not undertaken in time. Be suggested that cities sometimes are pl.a ced in a position o£ '"finding a dime in the l.ight •• and designating areas for re- devel.opment where non-cash credits are avail.abl.e. So~e o£ Lhe other questions asked of Mr. SUMmons were: (1) Are there persons experienced with housing and urban renewal. programs who a City such as Engl.ewood can hire at such time as the City is ready to enter into a pro- gram? (2) (3) Yes. there are qual.ified peopl.e that the city shoul.d be abl.e to empl.oy to supervise the program . What is l.ow -income? "'Roughl.y SO -84.000 annual. income is u l.ow .. ; 84.000-ss.ooo annual. income is moderate. and more if it is a l.arge fami1y . These figures vary in different areas. Have the projects in Denver been started within neigh- borhoods or from without? The west side started within that neighborhood; the east side did not. and it is more difficul.t to get it underway. -4- • • • r 32x - • • • • - Mr. S~mmons recommended t hat there be a c1ose 1iason between the Urban Renewa1 Authority and the City Counc~1. He stressed the importance o ~ a11 facets of the City working together such as the Schoo1 Board. C ity Counci1 7 P1anning Commission. Loca1 Housing and U rban Renewa1 Authorities. and Workab1e Program Citizens• Committee. Chai~an Parkinson extended his appreciation to Mr. S~ons for participating in the discussion. The point was raised that in severa1 instances. a person ap- pointed to the Workab1e Program Citizens • Committee at its inception as a representative of a particu1ar organization. is now. for various reasons. no 1onger in the same capacity with that organization. The Chair was asked to ru1e on whether or not those persons wou1d continue to serve on the Committee even though their status within a given organization ~ay have changed . C hair.man Parkinson ru1ed that those persons who are presently members of the Workab1e Program Citizens• Committee serve as indivrdua1s and wi11 continue to serve the re~ainder o f his or her three year term. The next meeting of the Committee wi11 be on Thursday. March 2. 1972 . at 7 :30 P.M. in the City Ha11 . Mr. Robert Davis. Project Coordinator for the Denver Co11ege View Project wi11 be present for discussion. Chief Bui1ding Inspector Brokate wi11 a1so be present to discuss the Housing Code Cbeck-1ist . The meeting adjourned at 10 :10 P .. ).t • -5- • • • r 32x • • • ·~ c;t:g t;:_~l C 1 A L ENGLEW'OOD PA.RK.S & RECREATIO.X CO:r\Th~SION '"'.£...,.. ., u •,...... 1\ll.nutes of February 9,. 1972 F -.-. "'• ., The regular IDOntbly m .eet:ing of the Eng1~·ood Parks &. Reer~tr'Du~si.on ._ D€ Er"NGl_£: • r- 'W'a.s cal1ed to order by Paul Blessing. cba.J.rttUU:l,. at 7:30 p. J:D... in the Parks & Recre~" • Office. 3400 South E1a.ti. Members present: A1len,. Cushi..ng,. Blessing,. 1\'l.cFadde:o,. Schwab,. Poo1e,. and Stackhouse Members absent: None Also present: Jerry Royther. Asst: .. Director of Parks & Recreation Doug Foe,. Recreation Supervisor Cushi.ng moved,. Allen seconded,. th~ the m.i.nutes of Janua.ry 13,. 1972 be approved as mai.l.ed... Motion carried- The fina.nci.a.l. report: for month of Dece:mber (f:l.na.l. f'or 1971) was presented andre- vl.e""e<L. The r evenue for the year was xnore than anticipa1ed and the expenditures were 1ess tll.a.n budgeted resulting in a ba1ance of approx:.i.Jna.tely $13. 000. Cushing nx>ved. Schwab seconded,. that the report be received and filed. l\'lotion carried... The Con:u:nJ..ss.ion members designated by the Ctty Council and the Board of Education selected Jack Poole to replace ?.'l.r. Blessing ou the Com.missi.on... Mr. Poole vva.s vvelco:r:ned and he expressed his appreciation for being given the oppo~ty to serve ou t.he Con:::u::n.t.ssion_ The next. order of business was the election of officers and the cha.irn::lan asked for n.on:rl.nations for cha.i._r:rnan. Schwab "JDOVed, Cusb.l..ng seco:nc:led.. tha:t Rut.h "Perkie•Y Allen be nor:n.ina..t;ed .for cha..irn:.l..3n.. Motio'h c .a....._·ried..... Cu.sh.ing JDOved,. St:.a..ckbouse seconded. that the non::Una:tions be closed and unanimous bal.1ot. be cast. fur A~s. Allen.... Motl.on carried..... NoDlina.- tiona "N'ere t.hen opened :for vice cb.a..i.r:rna.n. Cushing :r::noved. Poole seconded. ~ Ja..oques St:a..ckhouse be nominated for vice cha.i..rman.. Motl.on carried.. Scbwab Dl!Dved, McFadden seconded. that no:tnina:.t:ions :for vice cbairrna.n be closed and unani.xnous bal.1ot be ca.st: for Mr. Stackhouse. Motion ca..rried. The Parks &. Recre.a..t:i.on C ·om.m.f.ssion roster is now as :follows: Rut.h Allen. Chairm.an Jacques Stackhouse Jack Poole Paul Blessing Elmer Schwab Co1bert Cushing Joseph McFadden 2/1/74 2/1/74 2/1/76 tenure tenure 2/1/74 2/1/76 City Council Repres.entatl.ves School Distrf.ct Represent:d::lves Mr. Blessing turned the meeting over to the nevv ch.a.irma.n ... Mrs. Allen asked f'or t.he report from the gol.£ co:nnnittee. Mr ... Stackhouse said the committee had me·t ,;vi.th Mr. Richard Phelps. of Phelps-Brau.er &. Associates. Inc. on . , .• • • r 32xl - - Parks & Recreation Cot:n..nlissio:o ~Unut.es of February 9. 1972 Page -2- - January 26 in the City ~t_a..na.ger's office .. At t.h.ls meet:i.ng ~'l.r .. Phelps was requested to submit a proposal for prel.imi.na.ry sb.J.dies and pla.n.ning of a possible recreat.ion coD:lplex includi..ng a gol.f course on a site a1ong the Platte River be~een '\Vest Hampden Avenue and 'West. Oxford Avenue. Public Service is a major lando-v.-ner :ln this area and they b:a.ve in- dJ.cated they "-ould look r:a,.-orably on the ci_ty using this for a gol.;f course i.f an alternate s1te could be obtained in trade. The gol.f con:nn.ittee £eels thf.s study wou1d be "-"'rthwh1.1e and requested the Commission recommend to City CouncU thai funds be made available Cor Uds study.. The £ees for preli.minary design studies and feasibility report ~.ld be $3. 000.. An appraisal fee of S1. 000 'vould a1so be required. one-hal.f of wb.i.ch ~u1d be pa.J.d by Public Serrice ... Mr .. Sch~ab pointed out tha.1 there W'ill be eight golf courses ~thin a t..b.irty u:dl.e area around Engle,vood in the next three years.. Mr .. Blessing replied that of these eight courses onl.y one would be a public course .. Stackhouse moved. Blessing seconded. that it be recon:u::nended to City Council that a contract agreement. be entered l.nto v.'"1t.b Phelps-Brauer &. Associ.at.es. Inc ... f:or a pre- l.i.Ini.na.ry master plan £or a gol.f course and feasibi_lit.y study... Motion ca.rrled .. The application made through HlJD for mat:.chJ.og funds Cor t.he Sce.n.J.c VleW' Greenbelt. has been accepted by HUD and the Denver Regional. CouncU of Governx:nent..s .. ~~-Schwab reported on t.he Uleeting of the aw-ards com.mittee.. The n.a.rnes of J. Galen Spencer. F. Will.iam Beier. George Noffsinger. Harold Rust.. John KreUJ.ng and Wa1ter Jorgensen "Were presented for consideration. It 'Wa& pointed out t.ha:t. Mr ... Beier and Mr .. Rust have already received a"Wa.rds froxo t .be Commi._ssf.on... After further discussion. McFadden moved. Poole seconded. that the annual Englevvood Recreation Av.ra..rd be presented postb:u..InOusly to J. Galen Spencer.. 1\~otl.on carrf_ed.. Doug Foe. Recreation Supervisor. revi.e'Wed briefly the 1.971 annual report for recreation pol nt:ing out the increases and decreases in attendance 1n the va.ri.ous progra..rn.s ... The park report reflects au increase in attendance of approx::ln1at.ely 32. 000 over 1970. A considerable increase is expected at Cen:tennJ.al and Belleview Parks 11::! 1972 ... A site pl:::a1. !or the proposed development on the KLZ site w-a.s review-ed. Thls plan shows a two and one-ha.l.f acre tract to be donated to the cl.ty Cor a public park... There lB anot:ber two and ooe-haU acres t.he developer is 'Willing to sell the c:lty for park development. • • -- ~'32x - - Parks &. Recreat:i_on CorD.J:D.i.sst.on l\ll.out.es of February 9. 1972 Page -3- - The Co:::n.mission "'"as reD'linded of t:he Recreation Council dinner ou February 24. Cushing J:'OOved,. McFadden seconded., tha.:t sincere appreclat:l.on be expressed to Mr. Blessing for a job well done as chairman of the Co:oun.iss:Lon for the past t"'-"0 years .. Motion carried. The meeting adjourned at 9:05 p . D'l . - -- - • • • c;:,__ OJ: ··-<:: co u-~' c '4 L -..-u. 1E: 'T REGU1AR ME.ET1NC ENGLEWOOD WATER AND SEWER. February 15. 1972 The meet~ng was called to order by Vice-Chai~n Harder at 5 :08 P.M. • Member s Present: Harder, Menger, Horton, Dhority, Babcock Members Absent: Other O£ficia1 s Present: Utilities Director Carroll 1. ELECTI.ON OF CHAI.RMAN Hr. Horton moved, Kr. Menger seconded, That Mr. T.H . Harder be nominated for Chairman of the Englewood Water and Sewer Board; that the nominations be closed, electing Hr. Harder by unan~mous ballot. The motion passed unanimou s ly. Mr. Horton moved, Mr. Dhority seconded, That Hr. Bob Menger be nominated for Vice-Chairman of the Engle~od Water and Sewer Board; that the nom- inations be closed, electing Hr. Menger by unanimous ballot . The motion pas sed unan imously. Hr. carroll. presented the Board w-ith a mem.orandum eot:i.t:led ••water Quali.t:y Management Study"". He explai.ned that the Federal. Envi.ronm.e_nt:.al P"r otecti.on A&ency has directed the Denver metropol.itan area to have a water qua lity management pl.an by July 1973 i.n order that the area continue to be elli.gibl.e for Federal. Aid. Engl.ewood has been requested to joi.n the commi.ttee and to provi.de $10,500 to bel.p satisfy a fund short- age i.n the study. The share is derived from averaging the munici.pal. popul.ati.on and service area popuLation amoung three cities. The objectives of the pl.an are (L) pro- vide a regional. master sewerage plan, (2) to provide a regional. water qual.ity manage- ment pl.an, (3) to provide a water qual.ity surveill.ance program, and (4) to provide an env-ironmental i.mpact assessment . Hr. Carrol.l feels that Engle~ood, being the third largest district in the Metro area, should play a roll in the future plans . Hr. Dhori.ty moved, Kr. Harder seconded, That a recommendation be sent to C ity Council to approve Engl.ewood becoming a member of the Management Coordi.nating Croup for the Water Qua l.ity Management Study; and to grant $10,500 for the study. The motion passed unani.mously. Mr. C.arrol.l then brought up the subject of surpl.us Land at McLell.an Reservoir . The Don Weist Agency ha s put an eval.uation on the 160 acres south of the reservoir at approxi.mately $525,000. Hr . Carroll. requested the Board"s views as to the possi.b1.1i.ty of se11i.ng the land to help defray the cost of the metering program. A£ter consi derable discussion: Hr. Horton moved, Hr. Menge r seconded, That Mr. Carrol.l have an appraisal performed by an H.A.I. apprais- er to show-the best po.ssi.ble use and the hi.g.hest value of the land for a cost not to e~ceed $500.00 • The motion passed unanimou sly . • • • T 32X \ ! ;. - - • • • • -2- Hr. Carro11 Lhen notified the Board that Kr. Jerry Royther o£ the Parks and Recreation Oeparcment had approached him a s to the possibi1ity of using McLellan Reservoir as a training si te for a safety instruction school for s mall boating. A£ter considerable di sc us sion~ Mr. Dhority s ugge sted that Kr. Carroll have Hr. Royther subm~t a detailed program for the Board to consider. Mr. Harder moved, Mr. Horton seconded, That a recommendati on be sent to City Council recognizing the services of Leonard Robohm, John Kreiling, and Elmer Sch~ab to the Engle-ood Water and Se-er Board. The meeting adjourned at 6:25 P_M . Respectfully submitted, Ruth Uncapher, Record ing Secretary • II • • r 32xl - • • • • • - Department of .Fi...nance CITY OF ENG:IEWOOO FIREMEN "S PENSION FUND ?UNO BALANCE AS OF DEC.E.MBER 31 , Fund Bal.ance January 1 , 1971 Revenues: Pro perty Tax Emp1oyees Contribution Interest on Investments State A11otment Gain on Sa1e of Stock Tot.a1 Revenues Tota1 Ava.i.1a..b1e Expenditures: Pensions Pa1d Pensions Vo1unteers Mi.sce11aneou s & Insuranc Tota1 Expen d 1tures Fund Ba1ance December 31 , 1971 Fund Resources: Cash ~ Bank -Check1ng Accounts Investments (At Cost) Cash ~ith Escrow Agent (F irst Nat.:iona1 Ba..n.l<.) Cash w1th Wright Investors• Serv1ce Cash wi.th County Treasurer Accrued Interest and Di.v1dends Investments with Wright Investors• ServLce Savings at First Nat1ona1 Bank Tota1 Fund Resources $35 ,4 15 .62 29 ,057.39 20 ,538.72 26 ,354.90 60 .00 s a.soo_oo 28.,800 .00 2.,206.50 $ 7.1.5 260 .. 0 .9 977 . .., .3 ,241..08 1.1..2 .65 1 .,21. 7 -5 4 160 .,063 .4 9 64 .. 510 .00 • 111 ,426 .63 531 ,017.00 3 9 .. 506.50 $4 91...,51..0 .50 $491.. .. 51..0 .50 \ ! "!' • • T 32X - • • • • • - Oe,partment o f Fi.n.ance PENSIONS PAID FIREMEN"S PENSION FUND FOR YEAR O F 1971 v . L. Ba11ow Mrs . Vola Powe11 Mrs. E1aine Severn Mrs. Li11ian Woods E. E . Anderson L . L. Browne:we11 G . E-ggleston R.. Grabert R . L. Gua.nero A. Gut.hner o . Herro1d H. J. Higg.i...n.son H. J . Hornyak D. J. Horn w. J. Jarrett H. Li.z.ar c . W . Mi.1som J . Moseley E . Ortgysen H . Pa1.mer G. Perr1-n M . L. Pershi.nq c. Rowl.and H . F. S chi11i.ng H . Sobie11a G. Turner L. We.rti..n R . Young Total. Pensions PAID FIREMEN AND WIDOWS VOLUNT'EERS $ 2,440 .00 1,800.00 2,220.00 2 ,040.00 $ 1,200.00 1 ,200.00 1 ,200.00 1 ,200.00 1,200.00 1 ,200 .00 1,200.00 1,200 .00 1,200.00 1 ,200.00 1,200 .00 1,200.00 1,200.00 1 ,.200 .00 1 ,200 .00 1,.200 .00 1 ,200.00 1 ,.200 .00 1,200.00 1 ,200 .00 1,200.00 1,200 .00 1,200.00 1,200 .00 • $ 8 ,500 .00 28 ,800 .00 $37 ,300.00 \ ! ~ II • • - - - • - DEPARTMENT CF' FINANCE CITY OF ENGLEWOOD POLICEMEN 'S PENSION FUND FUND BALANCE AS OF D ECEMBER. 31 , Fund Balance January 1, 1971 Revenues : Employees Contribution C1ty Partic~pation State Participation Interest on Investments Gain on Sal.e of Stock Total R evenues Total Avai1a.b1e Expenditures: G . Benson c . carpenter Leslie Crow C . Rowland H . Schi111-ng W . Smith B. B . Ti.11ma.n c . R. Ze:a.gl.er Miscel.l.a.nc.ous Refunds Tota1 Expenditures Fund Balance December 31 , 1971. Fund Resource s : Cash in Bank Check1ng Investments (At Cost) Savings , Repub1~c Nat1onal. Bank Wright Investors ' Serv:a.ce (Cash) Wr~ght Investors ' Serv~ce D ividend Income Receivable Total. Resources $26 ~ 593 -0 -4 26 ,593.04 17 ,764.62 21 .. 630 .48 96 .00 s 4 ,482 .00 4 ,482 .00 4 ,631 .17 3 ,1.02 .00 2 ,637 .96 2 ,430 .0 0 4,81 2.00 72 .00 1 ,76 7.29 2 .939 .69 s 3 ,628 .52 237 ,496 .18 60.721..1.2 2 ,645 .03 21.0 ,363 .81. 1 ,038 .00 92 ,67 7 .18 547 " 148 .77 31 ,2 56 .1.1. $5 1.5 ,892.66 $5 1.5 ~89 2.66 -- - • • • - Portion of Year to Date 8.33' c-,.,..... ccgc;.F" 1 c 1 A ' . ,_ FINANCE DEPARTMENT REALIZATION OF ESTIMATED REVENUES u"'E:N--r GENERAL FUND For Month o£ January, 1972 Property Tax Specific Ownership Sa~es Tax Cigarette Ta...x Fra..nchi.se Ta..xes: Public Service Mountain Be11 Water Util...i.ty Sewer Uti.l..i..ty Total.. Penal..ti..es & Interest on Property Ta..x Licenses & Permits: Anti.c:i.pa.ted Revenue s .1.45,153 1..6~500 2 ,464 ,700 1..00.,000 1..59 ,713 70,800 28,639 12.,000 27.1,152 Liquor Occ. License Miscel..l..aneous Licenses Street Cuts .1.1.,600 33 ,000 4 ,500 28 ,000 8 ,000 3 .,000 Bui.l..di....ng Perm.i...ts E1e c:tri.cal.. Permits P1umbi....ng P ermits Dog Licenses Bicycle Licenses Total.. Inter-Govt. Revenues: State 1-1\..ry _ M.a.i...nt _ State A1coho1 Prev. State Liquor License Spec_ & State Regis . State H/W Users Tax Fire Di.st. Contracts Regional Library County Court Fees Total.. Charges for Services: Municipal.. Court Costs Mobi.l.e Home Po1i.ce Engineering Fees An:i..ma1 She1ter Total 88 ,100 2 ,600 22.,1.35 1..,400 94 ,500 188.,520 732 35 .,1.15 3.,608 348,6.10 2 ,300 6 ,860 4,800 13.,960 Current Month s 357 ,739 7.,176 37 .,000 37 ,000 .10 .,600 .18..,..794 346 2,181 288 192 11 7 32 .,4 1.9 217 4 1.6,953 50 614 1.7 ,838 650 302 358 9 230 1..,549 To Date • Collected To Date 15 s 237,424 7 6 ,267 6 14 34 .. 500 14 37 .16,940 13 5 12 ,347 3 11 543 4 • • r 32xl - • GE:N;i:RA..L FUND REVENUES -Cont • d Page 2. Fines & Forfeitures: Court P:i..ne:s Li...l:::>ra..ry Total. Miscel.l.a.neous: Interest Income M i.scel.l.a.neous Total. Total Revenue Anti.ci.pated Revenue $ 60.000 6 238 66,238 24 ,400 1.2,000 36 ,400 $3 ,550 ,81.3 Current Month $ 5 .. 619 606 6 ,225 2 .. 411 2 ,411. $462,.357 • • - ' of Est. Last Year Last Year To Da te Col.l.ec::ted To Date ' 9 $ 5,828 10 7 965 3 13 $31.4,.81.4 11 • • T 32X - - • • • • - Pc:a::tion of Year to Date 8 .33~ FINA.NCE DEPA..RrMEN'T EXPENDITURES & ENCUMBRANCES CHARGED TO 1..972 BUDGETED APPROPR.I.AT:I.ONS Legisl..ation & Council..: Annual. Budget City Council. $ 31..,968 2 ,532 .1.,395 4,320 Board o £ Adjustment Career Service Pl..anning & Zoning Li..bra..ry City Attorney Total. Ma..nageme.nt: City Manager Person.ne.l. Commu..ni.cati.ons Total.. FLnance & Record: Fi...n.ance M unicipal.. Court Central Services General.. Operations Auto_ Oper.Systems Total. Publ..i.c Works: Engineering Streets & D rainage Traffi..c Bui.l..d.i..ng Ma.i.nt. Total. Fire Oepa_r-t..ment Pol..i.ce Department Parks & Recreation Community Devel..op. Library Empl... Benefit Prog. Total. Expenses 960 44 ,383 85 ,558 63 ,756 32,.047 1.46 ,433 242,236 151..,1..65 56,681. 1..0,808 9 1..,4 87 50 ,000 360,1.41 97 ,957 425 ,361 11.8,856 1..41,253 783 .. 427 637,41.8 816 ,1.73 405,910 1.64,797 1..49 ,:?84 23 ,600 GENERAL FUND For Hbnth of January~ 1972 Current Current Month Encumb. $~ 95 1 03 15 3 ~289 8~001 6 ~744 1 ~88 4 3 ,9 18 12,546 9 ,854 3 , 571 70a 25,601 39 ,734 4 ~988 19,454 5,744 9 ,1.49 39 ~335 59 ,102 58 ,651 13 ~ 040 12~664 7 ,34 9 Spent ' Encumb. To Date ~ • "' of Last Year Last Year Budget To Date "' 9 $ 7 ,732 10 5 5,819 7 11 35,628 12 5 38,084 5 9 45,623 a 7 58 ,4 25 a 3 13 ,898 4 a 11 ~565 a 5 8,654 6 7 $225,428 7 \ ! ~ -• • ~'32x • • Water Sal...es Other: Connection Charges Property Tax .Re.ntal.s Interest Hisc::el.l.a.neous Total.. Total. Revenue • 0 - Portion of Year to Date 8.33' FI~CE DEPARTMENT REALIZATION OF ESTLMATED REVENUES WATER FUND For Month of January, 1.972 Ant.i.c :Lpa.ted Current Revenue Month To Date $ 954 ,635 $ 1.02 ,24 9 46,837 1,992 730 12 ,095 7~5 95 ,525 7,539 20 ,000 175,187 1.0,246 $1 £1.29 ,822 $11.2,4 95 ' of Est. Col...l.ected ~~ 6 ~0 Last Year Last Year To D ate ' $ 9G ,BBB 1.3 4 3 EXPENDITURES & ENCUMBRANCES CHARGED TO 1.972 BUDGETED APPROPRIATIO NS Spent & Last Annual. Curren~:. Current Encumb _ .. of Last Year Year Budset Month Encumb. To Date Budget To Date _ .. _ Production: Source & Suppl.y $ 36 ,320 $ 2 ,21.3 Power & Pu.mp 1.08,31.6 2 ,074 Pur.i.fica.ti.on 90 t.l.B2 2 ,965 Total. 234,81.8 7 ,252 3 $ ---e:13S 4 Trans . & Di.st. 76 ,1.00 6 ,.300 a 8,180 7 Ad.mini.strati.on: Account & Co.l.l.. 60 ,4 76 3,9 48 General.. 1.00 ,91.3 1.0 ,938 Total. 1.61.,389 1.4 ,886 9 16,009 ~~ Debt Service 561.,438 M i.sce11aneous 28,639 Capita..l.. P1ant and Equipment 937 ,000 Tota1 Expense $1 ,999 ,384 $28 ,438 ~ 2 • • • • I' • • 0 - Portion of Year to Date a . 33' FINANCE DEP~MENT REA.LI.ZATION OF ESTIMATED REVENUES SEWER FUND For Month of January , 1972 Anticipated Revenue Cu.rrt:!nt Mon th 'll. of Est. Last Year Last Year DLsposal. Service Other : Connection F ees -Inside Connect1on Fees-Dutsi.de Interest Tap Fees Mi..sce11aneous Total City Loan Federal. Participation Total. Revenues $ 400,000 33,630 58 ,546 10,000 3 ,000 7 ,041 11.2 ,21.7 275 .,942 390,400 $1.,1.78,559 530 ,266 1..,822 6,492 500 8 ,814 To Date Co~1ected To Date ' e $18,816 6 e 2 3 4 EXPEN.D.XTURES & ENCUMBRANCES CHARGED TO 1972 BlJOGETEO APPROPRIATIONS Spent & Annual. Cu.rrern: Current E ncu.mb. .. of Last Year Budget M onth Encurnb. To Date Budg et To Date Treatment $1.08,176 $ 7 .568 7 $ 4,518 Sanitary System 62,94 8 2,475 4 2,977 Ad.m..Ln.i.strati..on: Ace. & Co1l.. 23,1.83 1,437 General. 66 ,200 6 ,043 Total. 89 ,383 7:4'80 a s:oB6 Debt Service 72 ,813 Cont. Services 16 ,035 1 ~11 1 7 Misce11a..neous 12 ,000 Cap . P1a..nt & Equip. 13 ,000 ~ Tota1 Expense $374 ,355 $~ 5 $~ • • Last Yea r _ .. _ 6 5 9 -Ol. 2 • • r 32x - • • Sa1es Tax Property Tax Interest Misce11aneous Tota.l. Revenue • 0 - Portion of Year to Date 8.33' FINANCE DEPARI'ME:NT REALIZATION OF ESTIMATED REVENUES PUBLIC l:MPROVE.MENT FUND For Month o£ January, 1972 A.n.ti.ci.pated Current .. of Est. Revenue Month To Date Co1.1ected $1,27 9 ,519 $185 ,715 15 111 ,657 .1 9 ,000 .16 c 000 182 1 $1 ,4 26,176 $185,897 13 Last Year Last Year To Date .. $2.13,576 13 $213,576 12 EXPENDITURES & ENCUMBRANCES CHARGED TO 1 97 2 BUDGETED APPROPR...J:AT:t.ONS Servi..ce.nter Storm Drainage Fo1ice-F1re Center Greenbe1t TOP:t.CS Fire Pumper [)ownto'Wn I.mpr. Core Area Study Fire Station West Paving Dist. No. 21 She1ter House-Jason Paving Mi.1.1er Fi.e1d T ota1 Expense Cu.mu.l.ati..ve Appropria- tion $ 45,304 1 ,630 ,062 945,447 9 1,354 2,964 70,000 4 5 ,04 0 45,000 129,.157 98 ,189 5 ,000 4,000 8 ,100 $3,119 .6 17 Current Month $ 1 90 3.215 Spent & ... of Last Last Current Encurnb . Appro-Year Year Encum.b. To Date eriation To Date _ .. __ $43,224 $4 3 ,4 .14 96 1,000 1 .000 .06 3,215 • 3 1,000 1 ,000 .1 2 .OS • • - - - • • Schoo 1 D istYict No . 1 Outdoor Pool. I.n.door Pool. S,port.s & Games Cultural. Activities Playgrounds Special. Events Zoo :rnterest Other Income Total. Revenue • • - FINANCE DEPART-MENT REALIZATION OF ESTIMATED REVENUES RECREATION FUND For Month of January , 1972 Anticipated Revenue $ 85 ,184 17 ,300 12~000 1..3 ,000 32 ,000 20 ,000 375 3,200 3 ,000 1,000 4,000 $1.91 .,059 Current Mont-h s 522 a7o aa1 63 ~ $~ To D ate Port..i...on of Year to Date B. 33' ' of Est. Last Year Last Yea.r Col.l.ected To Date ' 4 s 756 a 3 1.,516 5 4 1,695 9 2 100 4 _a __ 4_ .3 1 $~ 3 EX.PENDrrURES & ENCUMBRA.NCES CHABGED TO 1 972 APPROP~TIONS Spent & Last Annual. Current Current Enc:u.mb . .. of Last Yea..r Year Budget Month Encu.m.b. To Date Budget To Date _ .. _ Outdoor Pool. s 20,488 s 506 2 s 454 2 Indoor Pool. 27,9 77 1 ,241 4 667 3 Sports & Garnes 57 ,761 3 ,143 5 2,653 5 Cul.tural. Acti.v~ties 23 ,094 1 ,086 5 1 ~112 5 Playgrounds 8 .,466 as 1 60 .9 Speci..al. Events 5 ~277 202 4 150 2 Zoo 6 ~950 65 1 General. Operations 43 ~955 4 ,017 9 1 ,084 5 Tota1 Expense $~93,968 s ~ 5 s~ 4 • • • • \ ! =r r 32X - • - 0 - Portion of Year to Date 8 .33' Fares Tokens Interest Mi.sce1l.a.neous Total.. Revenue FINANCE DEPARTMENT REALIZATION OF ESTIMATED R.EVENUES BUS LINE OPERATION For Month of January, 1972 Current ' of Est _ Anti.ci.pa.ted Revenue Month To Date C o 11ected s 25 ,032 $ 1,729 7 3 ,500 50 $ ~ 6 Last Year Last Year To Da te ' $ 1 ,636 7 2a9 4a $ ~ a EXPEND ITURES & ENCUMBRANCES CHAaGED TO 1972 APPROPRIATIONS Spent & Last Annual. Current Current Encu.mb. ' of Last Year Yea r Appropriation Month Encu.mb_ To Date Budget T o Date _ .. _ Ful.1 T~ Sal.aries $ 13 ,464 $ 1 ,086 a $ 1 ,010 a var T~me Sa1ariea 614 O vertime a25 73 9 4 9 50 Social.. S ecurity 73 4 Pensions 776 Hospital. & Life Ins _ 624 Workmen "s Compensation 164 164 100 70 100 Genera1 Mi.sce11aneous 1 .,000 Motor V ehicl.e Repair 6 ,500 13 -2 1 30 2 Fuel. & Lubrication 1,000 96 9 General.. Material.. & Sup. 100 Xnsurance 1 ,562 47 Total.. Expense $ ~ 10 $ ~ _5 -• \ ~ • - I' - - - • 0 - INTER-oFFICE MEMORANDUM Stan1ey H_ Dia1; City Manager FROM: Wi11iam L -McDivitt; Assistant City Manager DA.TE : February 17 ; 197 2 S UBJECT: Review of Bou1der Sa1es Tax Refund, Property Tax Refund , and Specia1 Assessment Oeferra1 Programs INTROD UCTION ,_.,.. c o 0 At the regu1ar Counci1 meeting of February 7 , 1972 , the administration was asked to review the City of Bou1der specia1 assessment deferra1 program and estimate the poss.1.b1e i..mpact such a program. might have on the City of Eng1ewood. Bou1der has ga~ed recent recognition not on1y for its assessment deferra1 program but a1so for its sa~es tax and property tax refund programs. Therefore , it might be he1pfu1 to review a11 three programs but give specia1 attention to t he assessment deferra1 po1icy. SALES T AX REFl..JND PROGRAM The Cities of Bou1der and Aurora to my know1edge are the on1y communi - ties in the metropo1itan region which have a sa1es tax on food . In Bou1der anyone over the age of 16 years may app1y for a refund of $4 .67 for hL~e1f and a11 members of his £ami1y . Anyone over the age of 65 is ent it1ed t o an addi - ti..ona1 refund of $4 . 67 as is anyone who is bLind. Because the City•of Eng1ewood does not have a sales tax on food {un1ess purchaGed in a restaurant) ~~is p~ogr~ -ou1d not be app1icab1e to us_ PROPERTY TAX REFUND Fee1Lng that the property tax is regressive and works a particu1ar hard ship on 1ow income , senior citizens , the City of Bou1der instituted a program in 1ate 1970 to grant a refund of property tax paid by these persons • .In. order to qualify for the progra.Jn , a..n individua1 home CJ~Y~ner must c e rti£y (a) that he is age 65 or o1der; (b ) that h i s annua1 Co1orado adjusted g r oss income is less than $3 ,600 if s~g 1 e , or $4,100 if married; and (c) that h e has paid his taxes to the County Treasu rer . An indiv idua1 renter on the o ther hand may be e1igib1e if he can cert ify (a ) that he is age 65 o r o lder; (b ) that his annual Co 1 orado adjusted gross inc ome is 1ess than $3 ,600 i£ sing1e, or $4 ,100 if married ; and (c) wha t his rent is f or the month n earest t o the date on which he app1ies for the refund . • • • 1'32 • • • • • - Mr. Stan1ey H . D~a1 -2 -February 17, 1972 Home owners who qua1ify receive a cash re1mburseme~t of the tota1 portion of their city property taxes paid to the County Treasurer. Renters whlo qu.al..i.fy receive a cash re.:Unbu.rsement equal.. to 15 per cent of their rent for the month nearest to the date on which they app1y for the refund. Whi.1e this program has consi.derab1e merit in theory, it is not such a pressing issue with Eng1ewood in that our property tax is on1y 3.97 mi11s, the 1owest such 1evy of any city .:Ln the state having a popu1ati.on of more than 100. SPECIAL ASSESSMENT DEFER.RA..L PROGRAM Bou1der deterrni...ned t .hat an assessment deferral.. program. was necessary i.n order to assist l..ow and fixed i...ncome property owners u.na.b1e to afford the rather 1arge payments required through special.. assessment districts. They noted that often the areas most i..n need of spec~a1 Lmprovements were those popu1a.te.d by 1arge numbers of peop1e u.nab1e to pay for them. The C~ty on the other hand recognized the va1ue of street , s~dewa1k, curb, gutter and a11ey improvements in reversLng the trend toward deterioration of some of the o f the City. The fLna1 reaso n given for adopting this prograna w as t.h.e fact t.h.at th.e si-ze of the i..znprovement often re1ated to the amount of opposition to the program. Occasiona11y worthwhi1e projects w ere e1iminated due to widespread opposi.t..i..on to the program sprLngi..ng from those un.a.b1e to pay. Mecba..nics of the Program Xn order to be e1igib1e under the Bou1der program, one must on1y meet an Lncome and asset requirement. Requ:i..rernents £o11ows: Number of Persons in Fam11y 1 2 3 4 s 6 7 B 9 10 Fa.mi1y I tcome $ 3,600 4,100 4,500 4,800 5,100 5,300 5 ,600 6,000 6,400 6,800 It is interestLng to note that Bou1der on1y spread s the payment period over five y ears . Eng1ewood a11ows assessments to b e pa~d over a ten-year period. ::t.£ one meets the income and asset 1i..m.i.t, he may choose not to pay his S.Pe-Ci.a1 assessment. Instead, the assessment is not d ·ye u.nti.1 the property • • • T 32X • 0 - Hr. S tanley H -Dia1 -3 -February 17 , 1972 is sol..d or exchanged. The assess~ent remaLns as a l.ien against the property -hich ~s paid to the City at the tLme of sal.o or when the property othecwise changes hands. 1nterest is charged at the same rate assessed against other property owners in the particular district. In addition to the income l..imits , one may have assets total.Lng no mor e than $15 ~000 . Such assets incl.ude s tocks , bonds , savLngs accoun t s , l.and a..n.d bui.l..d.i.:..gs i...n addition to the l.ot and pl.ac:e o f residence. An asset require- ment i.s u sed since the deferral.. s ystem i.s designed for true hazdship cases , not indi.vi.dual.s with consi.dcrabl.e savings and pro perty even though they mi.~ht hav e a l..~· income . The l.ot and pl.ac:e of residence is not inc:l..uded in the asset l.imit since oany of the property owners exist on these properties and often rent out part of the structure for addi tiona1 income _ If an owner chooses to d e..fe r h is specia1 assessment, he may sti1 1 pay any amount back at any ti..me de sired_ A person ""'ho is e1igi..b1e and ""'ishes to take advantage o f the program must sign a contract with the City _ This wi11 make the assessment a 1ien against the property and not the pro perty u~er -T h e contract w i.11 a1so insure that ~he City wi.11 c::o11ect on the 1ien even if the property changes ha..nds without the City k..no""':i.ng it_ A.1so, if the owner dies "Whi1e a 1ie.n. is in effect, the City can probab1y recover the cos t of the assessment by fi.1ing a c1aLm against the estate _ Est~ate~ Cost of Deferra1 Program for Eng1e""'ood In order to esticat e the cost of a specia1 assessment de£erra.1 program to the City of Eng1e-ood , a number of assumptions have been made: 1 -The City•s share (Section B) "Wou1d be $110,000 as orig~a11y budgeted for 1972_ 2_ Persons nav r ng an income o f 1 ess than $3,000 , regard1ess of £ami1y siz e , wou1d be e1igLb1e for d eferra1 of their assess - ment_ Avai1ab1e statistic s f or Eng1e-ood show that 11_8 per cent o f the fami1y incomes fa11 be1ow this 1eve1 (Co1orado Year Book 1 962 -64)_ Simi.1ar statistics for other e ''1ow i..ncc..mes" ""'ere not found _ • • 3_ The Section A (property owner •s) c o sts ""'ou1d equa1 the amount estLmated for Paving District No_ 21 , or $531,973_ The amount deferred wou1d be $62 ,772 (11-8' x $531,973>- 4_ If the assessment is p a id in fu11 within tb.Lrty days, a five per c e_nt d.i.scou..nt \ooJOu1d be a11owed_ 5_ The interest figure for Paving Dis trict No_ 20 of five p er cent ""'ou1d be used _ (Bou.1der ha.& decided to use eight per cent _) • • • T 32X - - - - 0 - Mr. Stan1ey H. Dia1 -4 -February 17, 1972 6. No asset 1eve1 -ou1d be u .sed; rather, it was assumed that a11 persons with a fami1y income of 1ess than $3,000 wou1d qua1ify under any asset 1imitat1on which might be imposed . Est~ated 1973 Cost of Paving District if City Pays the Deferred Assessments in One Lump Sum Section B Cost Section A Cos ts Deferred Tota1 $ 11.0,000 62 ,772 $ 1.72 ,772 Est~ted 1.973 Cost of Paving District if City Pays Deferred Assessments in Ten Xnsta1.1.ments Section B Cost Section A Costs Deferred Tota.1. $ 110 ,000 6,592 $ 1.16,592 Xt is di.fficu1t for us to c1.ose1y estimate the cost of such a program to the City where we have no rea1. idea of how many peop1e wou1d be e1igib1e to take advantage of the program . Bou1der has not had sufficient experience under its program (it went into effect in 1971) so its records are of 1itt1e assistance in. he1ping u s estimate how soon property can b e e >.~ected to change hands. Hence , there is no way to cstLmate when the City 's share wi11 be offset by deferred assessments paid to the City upon sa1e or transfer of the property. Xn other w oros , whi1 e the most the City m u st have ~v~i1.~b1c in 1973 is &5ti.mated at $172 ,772, i.n subsequent y ears the amount of ••new•• money which the Ci.ty must prov ide wou1d probab1y decrease s1i.ght1y as deferred assessments are repaid to the City. This , of course, assumes that futUie districts do not appreciab1y !:~:;::: !:s:!::e~= ::~~-~e P-ffects of Ln£1ation are more than offset by the Whi1e there is no experience to draw upvn, we might assume that a prob1em wou 1d arise i.f an assessment i.s deferred from ten to twenty years . Asses sments deferred this 1ong might retard the exchange of the property as they wou1d be most e x pensive to assume. For examp1e , the fo11owing indicates what it wou1d cost to assume assessments of $500 and $1,000 deferred up to twenty years at five per cent interest per year: $500 Ass essment $1 ,000 Assessment Year Amount Pa.ya.b1e Year Amount Paya.b1e l. $500 l. $1 ,0 00 2 525 2 1 ,050 3 551. 3 1,103 4 579 4 1 ,158 5 608 5 1 ,216 6 638 6 1,276 • -- ' '! I' 32 X • • Mr. Stanl..ey H. Dial.. $500 Assessment Year Amount Pay abl.e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 $670 704 739 776 814 855 898 943 990 1,039 1,091 1,1.46 1.,203 1,263 • 0 - -5 -February 17, 1972 $1,000 Assessment Year Amount Payabl.e 7 $1,340 a 1..,407 9 1.,477 10 1,551 11 1,629 12 1,710 13 1.,796 14 1,886 15 1,980 16 2,079 17 2.,183 18 2,292 19 2,407 20 2,527 Rather than dcferri...ng the assessment , -e sti...11 rn.i.ght be a.bl..e to grant rel..i.e..f to those peopl..e most i...n need but at the sa..rne ti..me i...nsu.ro that the assessment never be.ccxnes too l..a.rge. Th..i.s coul..d be done by extending the period of payment for those meeti...ng an :income and asset requirement to perhaps fifteen or t~enty years rather than ten as i...t i.s at present. Bel..ow is a tabl..e showing the yearl..y costs of assessments of $500 and $1,000 payabl..e in fifteen and t-enty -year instal..Lments. Repayment i...n 15 Years at 5' Interest $500 Assessment §:1~:000 Assessment Year Am.ou.nt Year Amount 1 s:r.>-33 1 ~66.66 2 56.66 2 11.3.33 3 55.00 3 1.09.99 4 53.33 4 1.06.66 5 51..66 5 1.03.33 6 50.00 6 1.00 .. 00 7 48.33 7 96.66 8 46.66 8 93 .. 33 9 45.00 9 90.00 10 43.33 10 86.66 11 41. .. 67 11 83 .. 33 12 40.00 12 80.00 13 38.33 13 76.66 14 36.67 14 73.33 15 35.05 15 70.10 • • • • • 0 - Mr. Stanl..ey H. Dial. -6 -February 17, 1972 Repayment i...n 20 Years at 5' Interest $500 Assessment Sl..,OOO Assessment Year ~ Year ~ 1 $25.00 1 $50.00 2 48.75 2 97.50 3 47.50 3 95.00 4 46.25 4 92 .50 5 45.00 5 90.00 6 43 .75 6 87.50 7 42 .50 7 as.oo a 41.25 a 82 .50 9 40.00 9 80.00 10 38.75 10 77.50 11 37.50 11 75 .00 12 36.25 12 72 .50 13 35 .00 13 70.00 14 33.75 14 67 .50 15 32.50 15 65.00 16 31.25 16 62.50 17 30.00 17 60.00 1a 28 .75 1a 5 7 .50 19 27.50 19 55 .00 20 25 .00 20 52.50 Other possLb1l..it1es incl..ude (a) the City coul..d assume the costs of al..l.. assessments due from persons meeting a l..ow income l..evel..; (b) the assess - ments of these persons coul..d be assumed by the other owners in the district; a._nd (c) the City coul.d require payDlent of the pr:L.nci.pa.l.. onl..y and charge these persons no interest. Of the three pro9rams --sal..es tax refund , property tax refund, and spec~a1 assessment re1ie£ --the 1atter wou1d appea r to be the most prom~aing area for further study. Within the C~ty of Eng1e~ood spec~a1 assessments undoubted1y create a severe hardship on persons with a 1ow or fixed income. ~/!~~ Wi11iam ~ :JDivitt WLMcD:d£1 • • • • • FEClM: • 0 - :Z:NTER-QFFICE MEMORANDUM Stan1ey H . Dial.., City Manager Wi11iam L. McDivitt, Assistant City Manager DA.TE: February 17 , 197 2 SUBJECT: Revie-o f Bou1der Sa1es Tax Refund , Property Tax Refund, and Speci.a1 Assessment Deferral.. Programs INTRODUCTION At the regu1ar Counci.1 meeting of February 7, 1972, the administration w as asked to review the City of Bou1der special.. assessment deferral.. program and estLmate the possLb1e ~pact such a prograc might have on the City of Englewood. Bou1der has gained recent recognition not on1y for its assessment deferral.. program but a1so for i.ts sa1es ta.x and property tax refund programs . Therefore , it might be r.e1pfu1 to review a1 1 three programs but give special.. attention to the assessment de£er:::ra1 po1i.cy . SALES TAX REFUND PROGRAM The Cities of Bou1der and Aurora to my know1edge a r e the on1y communi- ties in the metropol.itan region which have a sa1es tax on food . In Boulder anyone over the age of 16 years may apply for a refund of $4 .6 7 fo r h~el.f and a11 m .embers of his family . Anyone over the age of 65 is entitled to an addi- tional. refund of $4.67 as is anyone who is blind. Because the City -of Eng~ewood does not have a sa1es ta~ on food (un1ess purchas~d in a restaurant) this p~ogram would not be app1icab1e to PROPERTY TAX REFUND Feeling that the property tax is regressive and works a particul.ar hards hip on 1ow income, senior c~tizens , the City of Boulder instituted a program in 1ate 1970 to grant a refund of property tax paid by these pers~ns . 1n order to qual.ify for the program , an individual. home owner arust certify (a) that he i s age 65 or ol.der; (b) that his annual. Col.orado adjusted gross income is l.ess than $3 ,600 if singl.e , or $4,1.00 if married; and (c) that he has pai.d h..i.s taxes to the County Treasurer_ An i.ndi.v.i.dual. renter o:n the o ther hand may be el.igibl.e if he can certify (a) that he i.s age 65 or ol.der; (b) that his annual. Colorado adjusted gross income is l.ess th~~ $3 ,600 if si.ngl.e , or $4,1.00 i.f married; a..n.d (c) whath::i..s rent i.s f or the mo·nth nea.rest to the date on which he appl.ies for the refund. • !·• • 0 '32x - - - - - 0 ,. - Mr. Stan1ey H. Dia1 -2 -February 17 , 1972 Home owners who qual.ify receive a cash re~ursement of the total. portion of their city property taxes pai.d to the county Treasurer. Renters who qual.i.fy receive a cash reiznbu.rse.ment equal. to 15 per cent of thei.r rent for the month nearest to the date on which they appl.y for the refund. Whi.l.e this program has consi.derabl.e merit in theory, i.t i.s not such a pressing issue wi.th Engl.~·ood in that our property tax is onl.y 3 .97 mi11s, the 1owest such l.evy of any city in the state hav~g a popu1ati.on of more than 100. SPECIAL ASSESSMENT OEFERR}:\L PRC>GRAM Boulder determined that an assessment deferral. program was necessary Ln order to assist 1ow and fixed income property owners unabl.e to afford the rather l.arge payments required t .hrough speci.a1 assessment di.stri.cts _ They noted that often the areas most in need of specia1 improvements -ere those popul..ated by 1arge numbers of peopl.e u.n.a.b1e to pay for them. The Ci.ty on the other hand recognized the va1ue of street , side-al..k, curb, gutter and a1l..ey ~provements 1n reversi.ng the trend to-ard deterioration of some o£ the o£ the Ci.ty _ The final. reason gi.ven for adopting this program was the fact that the size o£ the improvement often re1ated to the amount of opposition to the program . Occasi.ona11y ~orth-hi1e projects were e1~inated due to -i.despread o pposition to the program springing from t hose una.bl..e to pay. Mechanics of the Program :x.n. order to be el..igi..bl..e under the Boul..der program, one must on.1y meet an income a.nd asset requirement. Requirements fo1l..ows: Number of Person& i..n Fa.m.i.l..y l. 2 3 4 s 6 7 s 9 1.0 Fa..m.i..1y x.nconte $ 3,600 4 ,100 4.500 4 ,800 5 ,100 5,30 0 5,600 6,00 0 6,4 00 6,800 Zt i.s interesting to note that Bou~der onl..y spread s the payment period o ver five years. Eng1ewood a11ows assessments to be paid over a ten-year period . X£ one meets the income and asset l..i..m.i.t , h e may choose not to pay his spe.ci.al. assessment. Instead , the assessment is not d u e u.n.t i..1 the pro perty . , .• -- r 32 • • • • 0 - Hr . Stanl.ey H . Di.a1 -3 -February 17, 1972 is sol.d or exch anged . The assessment rema.:i.ns as a l.ien against the property which is paid to the City at the t~e of sal.e or when the property othe rwi se changes hands. Interest is charged a t the same rate assessed against other property owners in the particu 1 ar district. In addition to the 1ncome l.imits ~ one may h a ve assets tota1Lng n o more than $15 ~000. Such assets Lnc1ude stocks ~ bonds ~ savings accounts ~ 1and a.nd bui1di.ngs in add.i.t:i.on to the l.ot a..nd pl.ace o f residence. An asset require- ment is u sed since the deferral. system :i.s designed for true hardshi.p case&~ not Lnd.i.v:i.dual.s with considerab1e savings and pro perty even though they might have a 1~ income. The 1ot and pl.ace of residence is not Lncl.uded i.n the asset l.:i.mit since many of the property owners exist on these properties and often rent out part of the s tructure for additional. i..ncome. If an owner chooses to defer h.i.s speci.a1 a ssessmen t~ he may s til.l. pay a..ny am.ount back a t any t.:i.D'Ie desired. A person who is el.ig~l.e and wishes to take advantage o f the program must sign a contract w ith the City. This wi11 make the assessment a 1i.en against the property and not the property owner. The contract wi.l.l. a 1 s o insure that the City w i.11 co1 1 ect on the l.i.en e ven if the property changes hands without the City knowing it. A.l.s o~ if the owne r dies wbi.l.e a 11en i..s i.n effect~ the C~ty can probab1y recove r the cost of the assessment by fi.1i.ng a c1a:Un agai.n.st the est a te. E s tLmated Cost of D eferral. Program for Enq1 ewood In order to estimate the cost of a special. assessment deferra1 program to the City of Engl.ewood~ a number of assumptions have b een made: 1. The C ity •s s hare (Section B) wou1d be $110~000 as ori.gi.na11y budgeted for 1972 . 2. Persons hav tng a n income of 1ess than $3~000~ regardl.ess o f fami.1y si z e ~ wou1d be el.igLbl.c for deferra1 of their assess- ment. Avai1ab1e statistics for Engl.ewood show that 11.8 per cent of the famil.y incomes fa1 1 be1ow this 1eve1 (Col.orado Year Book 1962-64). Sim.i.l.ar statistics for othe r .. l.ow incomes .. w ere not found_ 3. The S ection A (property owner •s) costs wou1d equa1 the amount estimated for Paving Di s trict No . 21 ~ or $531 ~9 73. The amount d eferred wou1d be $62 ~772 (11.8' x $531 ,973). 4 . If the assessment is paid i.n fu11 w ithin thirty days , a five per cent discount wou1d b e al.1owed. 5 . The interest figure for Paving District No. 20 of five p e r c e nt woul.d be used. (Bou~der has decided to use eight per cent.) • • • I' • • • • 0 - M r . Stan 1 ey H. D ial.. -4 -February 17, 1972 6. No asset 1eve1 wou1d be used; rather , it was assumed that a11 persons with a fami1y i...ncome of 1 ess than $3,000 wou1d qua1i.£y under any asset 1imitation which might be imposed . EstLma t ed 1973 Cost of PavLng District if City Pays the Deferred A ssessments i...n O ne Lump Sum Sect:i.on B Cost Sect i on A Costs Deferred Total.. $ 110 ,000 62 ,772 $ 172,772 Estimated 1973 Cost of Paving District if City Pays Deferred Assessments in Ten 1nsta 1Lme nts Sect i on B Cost S ection A Costs Deferre d Total.. $ 110,000 6,59 2 $ 116,592 Xt :i.s difficu1t for u s to c1ose1y est~te the cost of such a program to the City where w e have no real.. idea of how many peop1e wou1d b e e1ig:i.b1e to take advantage of the program . Bou1der has not h a d sufficient experience under its program (:i.t went into effect in 1971) so its r e cords are of 1itt1e assistance in h e1pi..ng us estimate how soon property can be e x pected to change hands . Hence, there i s n o w ay to cstLmate ~hen the City 's share wi11 be o ffse t by deferred assessme nts paid to the City upon sa1e or transfer of the property. Xn Gther words . whi1 e the most the City mus t have a vai1ab1e Ln 1973 is estLmated at $172 ,7 72, :i.n subsequent years the a.m.ount of ••ne-w •• money -hich the City must prvvide wou1d prob&b1y d ecrease s1ight1y as deferred assessments are repa~d to the City. This , o£ coULse, assumes that future districts do not apprec:i.ab1y increase in size and that the effects of Lnf1ation are more than offset by the d efe rred assessments pa~d.• Wh il...e there is no experience to dra-upon, we might assume that a prob1em w ou1d arise if an assessment is deferred from ten to twenty years. Assessments deferred this 1ong might retard the e~change of the property as th-e y wou1d be most e~·pc.nsi v e to assume. For examp1e , the fol...1owi...ng indicates wha t it woul...d cost to assume assessments of $500 and $1...,000 deferred up to twenty y ears at five per cent interest per year: $500 Assessment $1.000 Assessment ~ Amount Pa::i a.b1e ~ ALnount Paya.bl...e 1 $500 1 $1,000 2 525 2 1,050 3 551 3 1...,1...03 4 579 4 l...,l...SS 5 608 5 1...,216 6 638 6 1...,276 • • • r 32x - - - M:r. Sta.nl.ey H. Dial. $500 Assessment Year Amount Payabl.e 7 a 9 10 11 12 13 14 1S 16 17 1a 19 20 $670 704 739 776 a14 ass a9a 943 990 1.,039 1.,091. 1.,1.46 1.,203 1.,263 - 0 - - s - February 1.7, 1..972 $1,000 Assessment Year Amount Payabl.e 7 $1.,340 a 1.,407 9 1 ,477 10 1,551. 11 1.,629 12 1.,710 13 1.,796 14 l.,BBG 1S 1.,980 16 2,07 S 17 2,183 1a 2 ,292 19 2,.407 20 2,527 Rather than deferring the assessment, we sti..l.l. might be a.bl.e to grant rel.ief to those peopl.e most in need but at the same t~ Lnsure that the assessment never becomes too l.arge. This coul.d be done by extending the period of payc.ent for those meeting a..n income a..nd asset requirement to perhaps fifteen or t~enty years rather than ten as 1t 1s at present ~ Be1ow is a tab1e showing the year1y costs of assessments of $500 and $1,000 payab1e in £1£teen and twenty-year insta11ments. Repayment i..n 15 Years at 5' l:..nt.erest $500 Assessment §:1..~:000 Assessment Year ~ ~ Amount 1 $3"3.33 1 $66.66 2 56.66 2 1..13.33 3 55.00 3 109.99 4 53.33 4 1.06.66 s 51.66 s .1.03.33 6 50.00 6 .1.00.00 7 48.33 7 96.66 a 46 .66 a 93.33 9 45.00 9 90.00 10 43.33 10 86.66 11 41..67 11 83.33 12 40.00 12 80.00 13 38.33 13 76.66 14 36.67 14 73.33 1S 35.05 1S 70.10 • • • '. "!' T 32X • • • • 0 - Mr. Stan1ey H. Dia1 -6 -February 17 , 1972 Repayment Ln 20 Years at 5' Interest $500 A ssessment $1,;000 A ssessment Y ear Am.ou.nt Ye a r Arnou..n.t 1 $25.00 1 $50.00 2 48.75 2 97.50 3 47.50 3 95.00 4 46.25 4 92.50 5 45.00 5 90.00 6 43.75 6 87.50 7 42.50 7 85.00 a 41 .25 a 82.50 9 40.00 9 ao.oo 10 38.75 10 77.50 11 37.50 11 75.00 12 36.25 12 72.50 13 35.00 13 70.00 14 33.75 14 67.50 15 32.50 15 65.00 16 31.25 16 62.50 17 30.00 17 60.00 1a 28.75 1a 57.50 19 27.50 19 55.00 20 25.00 20 52.50 Othor po ss~i 1itie s inc1ude (&) the City cou1d assume the costs of a11 assessment s due from persons meeting a 1ow income 1eve1; (b) the assess - m e nts of th.esc person s cou1d b e assumed by the other owners i..n the district; anJ (c) the City cou1d require payment of the principa1 on1y and cha rge these persons no interest. Of the three prcXj-ra.ms --sa1es tax refund, property tax r efund, and specia1 assessment re1ie£ --the latter wou1d appear to be the most promising a rea for furth e r study. Within the City of Eng1ewood specia1 assessments undoubtedly create a severe hardship on persons with a low or fixed income . WLMcD:d£1 • • • I' 32X • • • • MEI\IORANDU:O.~ TO THE ENGLEWOOD CrrY COUNCIL REGARDING RECOMJ'>~l'."DATION OF THE PARKS AND RECREATION CO:I.Il\ITSSION D ATE : February 9. 1972 SUBJECT: Gol.f Course Study RECO~D\IE:r-..--nATION: That the City of Englewood enter into a Contract Agreement with Phelps-Brauer & Associates,. Inc. for professional. services for prelin::li..nary studies and p1a.n..n.i.ng of a possible recreation complex including a golC course on a si_te along the Platte River behveen 'West Hampden Avenue and West Oxiord Avenue_ This would include prel.J..n.i.nary design sb.J.d.ies and feasibility report_ crrv gi, .. ~' c: ' A-.!u~,~ C QLJ:-V I I L E CIT"Y O F C:NGLE ... ..-000 . C OLO_ Submitted by order of the Englewood Parks and Recreation Con::u:n.i_ssion ~~~,~~-<~ ~ma..ns. Recording Secretary • • • T 32X - - -~ = = = - - 0 - C"JQ-c::tg t;:r::..t.c, 4 t... January 31.~ 1.9 72 -~~.~ .. ~c,."' City of Engl.e~o od~ % Stan ~e y Dial.~ City Manager City Ha~l. 3400 S. E l ati En gl.e~ood, Colorado RE: Proposal. for Professional. Services on Prel.~inary Master Pl.an of Golf course Dear M.r. Dia 1.: At your request at our meetings of January 26 and 27, this letter is a proposal. offering profes s ional services for prel.~inary stud ies and pl.anning of a poss~ble re- creation compl.ex incl.uding gol.f course for the City of Engl.e~ood, on a s ite al.ong the Pl.atte River bet~een West Hampden Avenue and West Oxford Avenue. Based on our kno~l.edge of this area gained during a study of several. sites in 1968, and knowl.edge of the market for a muni c ipal. gal.£ and park compl.ex in the Engl.ewood area, we b el.ieve this site has good potentia1 for such use _ Be1ow we are out1ining a proposed scope of services~ fee structure~ ~ork t~etab1e and other e1ements ~hich, with your approva1 and signatures by both parties~ wou1d con- stitute an a g reement between the City~ referred to as OWNER, and Phe1ps-Brauer & Associates~ Inc.~ referred to a s PLANNER-(Additiona1 information on our firm is in- c1uded as refe rence_) A-PRELIMcrNARY DESIGN STUDIES The PLANNER agrees to provide research~ p1an.n.ing serv.i.ces and meet with OWNER as required to comp1ete: 1. Review and Eva1uate Data~ inc1uding on-site visits as necessary, to acquaint the PLANNER with the site (City owned 1and and Pub1ic Service co_ 1and) and to examine a11 pertinent data, inc1uding aeria1 photographs, topographic maps, water avai1abi1ity and qua1ity data~ uti1ities data, drainage data, soi1s, access points, and existing p1anning and ownerships of surround- ing properties. • -• - • • • • 0 - City o£ Eng1ewood -2-January 31, 1972 2. Study P1ans, as many as seem worka1::>1e to the PI..ANNER, wi11 be prepared in sketch form to suggest possib1e routings o£ a 9-ho1e, 18-ho1e or 27-ho1e go1f course, and possib1e comp1ementary recreation fa.ci1ities, with key e1ements such as water areas, entrance road, parking 1ot, c1Ubhouse area, driving range and main- tenance bui1dings. This stage wi11 inc1ude a deter- mina~ion of whether or not Pub1ic Service co. 1and 3. is a necessary part of the deve1opment. Pre1~inarv Master P1an~ after meeting ~th repre- sentatives of the OWNER, ~11 be de1ivered to the OWNER in a form desired as most usefu1 for pUb1~c and private showings. B-FEASIBILITY REPORT The PLANNER agrees to provide research and resu1ting summaries of findings and recommendations ~n WT~tten re- port form to accompany design studies out1ined in A. Such a report ~ou1d inc1ude, but not be 1imited to, opinions on the fo11o~ing: 1. Physica1 and environmenta1 characteristics of the site ; 2. Recommended uses of portions or a11 of the po- tentia1 site area; 3. Ho~ the go1£ course and other faci1ities ~ight be deve1oped in t~o or more stages; 4. Market feasibi1ity for a 9. 18, or 27-ho1e go1f 5. course in that area; and minimum/maximum cap~ta1 costs; Approximate projected use. income and operat~g expenses of the go1£ course based on the recom- mended master p1an . END OF SERVICES UNDER THIS PROPOSAL • • • T 32X • • • • 0 ... City of Eng~ewo od -3-January 31. 1972 C-FEES FOR PROFESSIONAL SERVICES Fees for services outlined above shall be $3~000~ for both Prel~inary Design Studies and Feasibility Report, to be billed and payable monthly for work completed to that point. D. OWNER•s RESPONSIBILITIES The OWNER shall make available or allow a ccess to a11 existing data related to the project~ and a11 other in- formation that may affect planning decisions and sha11 specifically provide: 1- 2- 3_ 4- s_ 6- Legal Description of the proposed site area, in- cluding adjoining land uses, easements, covenants, roads. utilities and contracts applying. Aerial Photographs and any other available maps of the s~te at a sca1e of 1" = 200' or 1arger- Soil Analysis by the Soil Conservation Service of the U.S. Department of Agricu1ture or by an ap- proved soi1 testing agency. Ptib1ic Utilities Data,p1ans and reports including existing and proposed s treets, water, sewer and drainage with hydro1ogic storage and flow require- ments as they affect the site. Definition and Guidance on possLb1e combinations of city-owned, Public Service co.-owned and adjoining private1y-owned lands that may be availab1e within a site for p1anning purposes . Designation of a representative or project dir- ector who wi11 be an continuing source of liason between the OWNER and PLANNER, to expedite research and approva1 o£ p1ans. • \ ~ • • - • • • • 0 - City of Eng1e~ood -4-January 31, 1972 E. PLANNER • S RECORDS 1. The PLANNER sha11 maintain records of a11 ca1cu- 1ations and research notes pertinent to the design decisions, to be avai1ab1e to the OWNER if requested. 2. A11 work prepared for presentation, both design and accompanying written statements, wi11 be avai1ab1e in professiona1 form. The PLANNER ~i11 de1iver the desired number of copies of such documents, ~ithin reason, as requested by the OWNER. 3. The PLANNER reserves the right to secure and main- tain statutory copyright in a11 pllb1ished books, pub1ished or unpub1ished dra~ngs of a scientific or technica1 character, and other ~arks re1ated to this project in which copyright ~ay be c1a~ed. The OWNER sha11 have fu11 rights to reproduce works under this agreement, in whole or in part, for pur- poses of furthering completion of the project. 4_ The PLANNER sha.1.1 carry insurance to protect him from c1a~s under workmen's compensation acts, from cl.aims for damages because of bodily injury includ - ing death to his employees and the public, and from claims for property damage. F.. CONTRACT TERM Estimated cample~on tLme for Preliminary Design services described above is 30 days from date of authorization by OWNER, assuming no delays by OWNER in providing needed data, revie~ing and approving plans. Estimated completion time for a Feasibility Report, fol- lowing acce~tance of the preliminary master p1an by OWNER and guidance as req~ested in Section D. S, is 20 days, assuming no unreasonab1e delays. Termination may be accomplished by the OWNER at any time by written notice, and sha11 be effective upon payment in fu11 for a11 services performed to the date of receipt of such notice. • • I' 32X - - - - • ,. - City of Eng1ewood -5-January 3.1., 1.972 G. EXTENT OF AGREEMENT AND APPLICABLE LAW .1.. Th~s agreement authorizes onl..y services described in Sections A and B~ for a fee of $3,000, but in- cl..udes the OWNER"S option to authorize further pl..anning services , such as gol..f course details at a l..ater date, at fees based on n egotiation and /or hourly rates then in effect. 2. This agreement s upercedes al..l.. prior negotiations, repres e ntations, or agreements, written or oral.., ~ith r espec t to the proposed project. It may b e amended or extended onl..y by written instrument signed by OWNER and PLANNER. 3. The OWNER and PLANNER each bind s itself, its part- ners, successors, as s igns and l..ega1 representatives to the other party of this agreement, and to the partners, successors, a ssigns and 1ega1 representa- tives of such o ther party ~th respect to a11 cov- enants of this agreement. 4. Un1es s otherwise specified, this agreement sha11 be governed by the 1a~ of the principa1 p1ace of business of the PLANNER in Lakewood, Co1orado. This Contract Agreement is satisfactory and acceptab1e as set forth above. OWNER Representative CIT"'f o f ENGLEWOOD By~-----------------------------------------------Date'------------------------- 1050 Wadsworth B1vd. RMP/km -- I' 32 X I - - 0 - INTER.OFFICE MEMORANDUM c::.,;;,.ou .. ~c:L TO: Mr. Stan1ey H. Dia1, City Manager OF Ct~ CLL. •• Coo r-L.- DATE, February 11, -972 Fa O M: S UILIECT; - Wm. A. Hami1ton, Fire Chief Jacobs Engine Brake (designed for ''Detroit Diese1), inc1uding the 8 V71 -2 -Cyc1e We recommend that the Jacobs (Compression) Engine Brake be insta11ed on our new-est pumping ''te1e -squirt'' apparatus which wi11 be powered with the 8V71 Detroit Oie se1 , Mode1 53A71 which is especia11y designed for this power unit. The advantages are: a. Reduce brake maintenance by 75%. b. Increase panic stops at speeds of 30 to 40 mi1es per hour by 20 to 30 per-cent faster and with 1ess strain on mechanics. c. Reduces tire wear by a more even.1y distribution of braking from front to rear whee1s. I have a1so been ~n contact with Dobbs Diese1 (1oca1 d~str~butor) for Detro~t Diese1 and they are at this time ~n the process of insta11~ng the Jacobs Engine Brake on ~~1~~a~~t~~~in~!ef~! ~~:e~~~i;~a!~n;i~:tf~~~hm~~tfh~s memo. at a co st ~n c1ud in g insta11ation that most probab1y wi11 exceed our option quotation of $810. We have inc1uded the brake option in the Purchase Order of February 9. 1972 to the Snorke1 Company . however we did reserve a three week grac e period in which we may de1ete this option. Respect~~· ~ ~T-~~~- W'm. A. H1'iMILTON, Fi.re Chi.ef Atch Brochure Jacobs Engine Brake -0 r 32xl - - - TO: - 0 - ::L!>.--rER....OFF:I.CE MEMORANDUM Stanley H. Dia1, City Manager c~ cc:g [..F! c/ 4 L -·J".-JE:f\rr FROM: Wi11iam L. McDivitt, Acting Director of Finance Char1es B . Carro11, Jr., Director o£ Utilities SUBJECT : L.i.qu.i.d A1um Tanks -Bid 1. Sealed bids were received for furnishing three (3) fiberglass, 4,700 ga11on capacity tanks w ith the fo11owing results: Company Dynag1asstics Plastics B & F Sales Engineering Company Tota1mo1d, :I.nc. Ted D. Mi11er Associates Pipe Va1ve and F.i.ttLng Company Joy Manufacturing Company P1asticrafts Hartwe11 Fabrication Company Tota1 Bid -3 Tank $19,440.00 8,183.00 6,660.00 6,633.00 6 ,588.00 7,254.00 5,535.00 5,000.00 2. The Engineer•s (Uti1ities Department) estimate for the three liquid tanks was $15,000.00. 3. A11 bidders met specifications as stated. 4. Recommend the 1ow b~ of Hartwe11 Fabr1cation Company for $5,000.00 be accepted subject to further technica1 review and eva1uati.ons by the Uti.1i.ti.es Dapart..ment and A.11ied Che.m.ica.1 Company :i.£ a.11 parties are i..n agreement as to tank s bid and spec:i.£i.ed. ~Wi11i.am L. Mc Divitt Acting Director o£ Finance HTR:d£1 Attachment :_/: .. Char1es B . Carro11, Jr. Dixector o£ Uti.1iti.es -- • • • TO: • 0 - :X.NTER-oFFXCE MEMOR.A.l'-'"DUM Stan1ey H. Dia1, C~ty Manager DATE: February 1.8 , 1972 FROM: Wi11~am L. McDiv1tt, Acting Director of FLnance Char1es B . Carro11., Jr ., Director of U~1ities SUBJECT: Liquid A1.um Tanks -Bid 1. S ea1ed bids were received for furn~shLng three (3) f~rg1ass, 4 ,700 ga1.1on capacity tanks with the fo1.1owing resu1.ts: Company Dynag1asstics P1ast~cs B & F Sa1es EngincerLng Company Tota1mo1.d, Inc. Ted D. M~11er Assoc~ates Pipe Va1ve and F~tting Company Joy Manu£actur1ng Company P1ast1crafts Hartwe1.1 Fabr~cation Company Tota1. Bid -3 Tank $19,440.00 8,183.00 6,660.00 6,633.00 6,588.00 7,254.00 5,535.00 5,000.00 2. The Engineer "s (Uti1ities Department) estimate for the three 1iqu~d tanks was $15 ,000.00 . 3. A11 bidders met specifications as stated. 4 _ Recormnend the 1ow b.i.p of Hartwe11 Fabri..cati.on Company ~or $5,000.00 be accepted subject to further technica1. review and eva1uations by the Uti1i.ti.es Department and A11i.ed Chem~ca1 Company if a1.1 parties are in agreement as to tanks bid and speci£ied • ~-=-~'i2-~ ~~i11iam L. Mc Divitt . Acting Director of Finance HJ."R: d.£1 Attachment Cha.r1.es B. Carro11., Jr.' Director of Uti.1i.ties ./ • • - • • • TO: • 0 - INTER-<:tFF ICE MEMORANDU~l Stanley H. Dial, City Manager DATE: February 18, 1972 FROM :. William L . McDivitt, Acting Director of Finance Charles B . Carroll ~ Jr., Director of Utilities SUBJECT: L.i.quid Alum Tanks -Bid 1. Sealed bids -ere received for furnishing three (3) fiberglass, 4,700 gallon capacity tanks -ith the following results: Co.mpa..ny Dynaglasstics Plastics B & F Sales Engineering Company Tota1mo1d ,. Inc. Ted D. Miller Associates Pipe Valve and Fitting Company Joy Manufacturing Company Plasticrafts Hart~e11 Fabrication Company Total Bid -3 Tank $19,440.00 8,.183.00 6,660.00 6,633.00 6,588.00 7,254.00 5 ,535.00 5,000.00 2 . The Engineer•s (Utilities Department) estimate for the three liquid tanks -as $15 ,000 .00 . 3. All bidders met specifications as stated_ 4. Recommend the 1ow b~ of Hart-e11 Fabrication Company ~or $5,000.00 be accepted subject to further technical review and evaluations by the Uti11t1es Department and Allied Chem1ca1 Company if a11 parties are in agreement as to tanks bid and speci...£ied. /~-:-~0~~ ;;~ 'Wi11iam L. McDivitt Acting Director of Finance Hl'R:df1 Attachment Char1es B. Carro11, Jr. Director of Uti1ities / • • '32xl - • • TO : • 0 - INTER-<:>FF:J:CE MEMORANDUM Stan1ey H. Dia1, City Manager DA.TE: February J..S. 1972 FROM: Wil..l..iam L. McDivitt , Acting Director of Finance Char1es a . Carro1l.., Jr., Director of Uti1ities SUBJECT: Liqu.i.d A1um Tanks -Bid 1. Sea1ed bids -ere received for £urnish~g three (3) fiberg1ass, 4,700 ga11on capacity tanks -~th the fol..1owing resu1ts: Com.p a.ny Dynagl..asstics Pl..astics B & F Sa1es En.g.i..neeri.ng Co.mpa..oy Tota 1.m.o1d , I.nc . Ted D. Mi11er Associates Pipe Va1ve and Fitting Company Joy Manufacturing Company P1asticrafts Hartwe11 Fabrication Company Total.. Bid -3 Ta.nJc. $19,440.00 8,183.00 6,660 .00 6,633.00 6,588.00 7,254.00 5 .535.00 5 ,000 .00 2. The Engineer •s (Uti1ities Department) estimate for the three 1iquid tankS WAS $15 ,000.00. 3 . A11 bidders met speci..ficat.i.ons as stated . 4. Recommend the l..ow bid of Hart-e11 FabrLcation Company for $5,000 .00 be accepted subject to further technical.. review and eval..uat.i.ons by the Util..ities Department a.nd A.11ied Che.m.J.ca1 Company i..f a11 pa.rt.i.es a.re i..n. aqree.m.ent as to tarU<.s bid and speci.£i.ed . ~~ Acting Director of Finance HTR:dfl.. Attachment Char1es B. Ca...rro11 , J:;::;/' Director of Ut.i.l..ities • • - - • • • - c:o,_,, CITy O F C G L e .,3 F Lt MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION C0ftllkBc.eNHENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD MEETING OF FEBRUARY 15 . 1972, RELATIVE TO COMMENDATION TO MESSRS. ELMER E ... SCHWAB. LEONARD A ... ROBOHM AND JOHN C ... KREILING FOR SERVICE TO THE WATER AND SEWER BOARD ... DATE: February 15. 1972 SUBJECT: Comm~ndat~on to Me ssrs. Elmer E. Schwab, Leonard A. Robohm and John C. Kreiling for service to the Water and Se~er Board. RECOMMENDATION: That City Council s hould commend Messr s . Elmer E . Schwab, Leonard A. Robohm and John C. Kre iling for se~ices dered to the Englewood Water and Se~r Board. Respectfully s ubmitted, ENGLEWOOD WATER AND SEWER BOARD By: T.H. Harder, Chairman • • T 32 X - • • --- ) • • • - C Ot.. MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ~ffoi?Fa'i:~~-rli&F ~:-t:'o'-o. OF THE ENGLEWOOD WATER AND SEWER BOARD MEETING OF FEBRUARY 15? 1972 , RELATIVE TO ENGL£WOOD"S PARTICIPATION IN THE DENVER REGIONAL WATER QUALITY PLAN MAN- AnEHENT COORDINATING GROUP .. DATE: February 15,. 1972 SUBJECT : Participation in the Denver Regional Water Quality Plan Management Coordinating Group. RECOMMENDATION: That the City Council appoint a ~ember to the Management Coordinating Group of the Denver Regional Water Quality Plan Study; and,. further,. chat:. Englewood contribute $10,500.00 toward the completion of the plan, such money being required in 1973 . Re spectfully s ubmitted. ENGLEWOOD WATER AND SEWER BOARD By' 4 T.H . Harder, Chairman encl . • • T 32 X - - /- - - Water ~ Se-er Board Members - -- INTER-OFFICE MEMORANDUM Charles B. Carroll, Jr ., D~rector of Util~ties February 7, 1972 SU ... ECTa Water Quality Management Study - The Federal Environmental Protection Agency has directed that the Denver metropolitan area have, by July, 1973, a -ater quality management plan in order that the area continue to be eligible for Federal aid. The Denver Regional Council of Governments has received a grant to initiate the Water Quality Plan and has contracted with Black ~ Veatch to gather data and develop the plan. In addition to these Vwo agencies, a management coordinating committee has been formed to guide the study and to provide matching funds and in-kind services. The committee has requested Boulder, Littleton and Englewood to joLn the com- m~ttee and to provide a total of $30,000 for 1973's studies. Our share of $10,500 is derived from averaging municipal populatLon and service area population among the three cities. 1 am attaching a copy of a letter from Hr. William Korbitz of Metropolitan Denver Se~age Disposal District No. One and an outline of the plan and its schedule for completioa . You will be asked to recommend participation. CBC/kr Att: • II -- I' 32 X I - • • • • - WATER QUALITY MA..I"AGEMENT PLAN ObJective ~. 2. 3 . 4. To provide To provide To provide To provide a regional master se~erage plan. a regional water quality management plan. a water quality surveillance program. environmental impact assessment. PROJECT ORGANIZATION CHART I 0 R c 0 c I I I WATER POLLUTION I CONTROL ADVISORY C OMMITTEE i • • r MANAGE>IENT • COORDI NATING ----------_} GROUP PROJECT STAFF Denver Water Dept. Denver Wastewater Denver H.etro Sw. DRCOG Black 6. Veatch 1972 STUDY AREAS ~. 2. 3. 4. DATA INVENTORY: DATA EVALUATION: DATA MANIPULA- TION: PLAN CRITERIA: Sampling, sewerage, planning, standards, mapping, ecological, legi=lative Sampling, modeling, facilities, environmental Calibration, -aste loads, parameters, land use, population Technology, financial, legislative, institutional, envi. ronmen ta 1 Continuous activities: (Both years) Information base, sewerage trends, legislative developments, c o ordination, public a~areness. 1973 STUDY AREAS 1. ALTERNATIVE SELECTIONS: 2 . ALTERNATIVE EVALUATION: 3. IMPLEMENTATION REQUIREMEN!S: Facilities, institutional, financial Simulation, assessments , economics, political Financial, legislative, environmental, support 4. PLAN: Review, report • • I' 32X - • • - - 0 - METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NUMBER ONE 3100 EAST 60TH AV!:f'..UE COMMERCE CITY. COLORADO 80022 PHONE ; 303-288-6613 Febru a ry 1, ~972 Mr. Stan1ey Dial.. City Manager City of Enq1e~J od 3400 south El..ati Eng1ewood, Co1orado Dear Mr. D.i.a.J..s: 80110 R S !.1""'""""''0-..t .1~ FRE.D E t-.E,..DR•CKSON CI-4A.t~N P I:IO TF- """'RV 8 o -OE;LL £.LAAER A._ JOHNSON On January ~1. 1972 representatives o f the cities of Bou1der. E ng1ewood and Littl..eton met ~ith the Man ag err.~~t coordinating Group of the .Dc:nve r Regiona.1 Water Qua.J..ity l-1anagement P1a.n to discuss participation of the three cities in the RegionaL_ Sewerage Master P1~n effort. It was agreed tha t I, as Chair- ma_n o the Management Coordi.nati.ng Group, shoul.d fo%Tnal..1y re- quest from offici u l..s o£ the three cities participation on the Management coordinating Group and al..so participation finan- c.i..a11y .i..n the second y ea r financing of the tota1 Master ?1a.n project. At the January 31 meeting it was agreed tha t the $30.000 of additiona1 funds require d to finance the second year ~rtion of the ~a ter Qua1i~ Management P1an cou1d probab1y be pro- vided by the three c~ties on the b asis of popu1ation provided with se~er service. The present fund.i..ng of the two year pro- ject which is estimated to cost approx~ate1y $465.000 .i..a being ~in a nced by the federa1 government to the extent of approx~ate1y SO%. the Metropo1itan Denver sewage Dispoaa1 District No. 1 with $5 0 .000 cash and $30.000 to $50.000 of in-kind services. the Denver water Board to the extent of $25.000 cash and $22.500 of in-kLnd services. and the Denver waste ~ater Contro1 Division to the extent of $50.000 of in-kind services. The $30.000 of addi- tiona1 funds required in the second year of the study project ~ou1d necessari1y be furnished by the present participatLng agenciea i£ other interested agencies do not provide the necessary funde. • • • r 32 >< - - • • M ~a Sta n 1 ey Dia1 page ~o February 1... 1972 • 0 - On the basLs of c ombin e d mun~ci~1 pop u1ation and popul..ation provided ~ith sewer serv~ce. it is e stLma ted that the $30,000 coul..d properl..y be distributed between sou1der. Eng1ewood and L.i.tt1e ton on the b asis of 45'%. 3So:;:;.. and 2<Y-"' of the total.. figure. This wou1d ~nvo1ve ~13,500 from the City of Boul..der. $10,500 from the City of Eng1ewood. and $6.000 from the City of Litt1e- t.on. At your ear1iest opportunity. X ~ou1d appreciate l..earning ~ram you whether your govern~g body can be expected to provide the :L.nd.i.cated funds or acxne other zu:nou.n.t. and a.l..ao X woul..d a.pp.rec:ia.t.e k:nOIWi.ng "-ThO you wou1d appoi..nt to repreaen.t your c:i.ty on the M..a.nagE!I!ftlent coord..i.nati..ng Group. Xn the event that you require any add..i.tional.. infort'l!at.i..on c:on.- c:erning participation on the Management coordinat~g Group of tl"'ae Regiona1 \"'ater Qua1i.ty Management project. p1ease c:onta.c:t ~e at your convenience. WEK/d c:ct Charl.ea carro11 Si..nc:erel.y. ~~~ '"'i..l.l.i..am. E-Korb:i.tz. P-E- Ma-na.qer • • r 32xl - • • TO: FROM: • 0 - PROMPT ACTION REQUESTED! Mayors of CML Member Mun~c ~pa1 ~t1es (1) (2) Managers or Clerks of CML Member Mun~c~pa1~c~es c o A. R. ''Reg'' Bessecr.e. on.. Presj_de.o.e CITy 0 SUBJECT: Proposed Mountaj_n Be11 Telephone Race Increase DATE: Fe.bru.ary 14. 1972 Mountain Be.11 App1j_cacj_on. On January 27. 1972. Mountain Be11 filed wich the Colorado PUC an application for a rate increase of approx~ce1y 18~% on a11 basic rates and addiciona1 increases on certain particular services. Increased rates are estimated to raise additional revenue of approxLmate1y $40 mi11ion annual1y. At the same time Mountain Be11 applied. in the event the PUC elected co suspend the proposed rate increases pending hearings. for an interim rate increase of about 10% to be effective March 1. 1972. The PUC has suspended the proposed rate increases and has schedu1ed hearings commenc~ng March 27. 1972. Previous CML Participation in Mountain Be11 Rate Increase Hearings. CML f~rst partic~pated ~n PUC rate hearings invo1ving Mouncain Be11 in 1953. Part1y as a resu1t of active League participation. che PUC authorized an increase of $4.011.040 inscead of the Company's request of $6.991.908. In 1968 Mountain Be11 again app1ied to che PUC for auchoricy to increase its revenues by abouc $35 mi11ion annua11y. At that time 73 Co1orado municipa1ities contributed 2~¢ per capita towards financing League participation in the proceedings. The PUC awarded a per- manenc increase of $2.133 .957. p1us a temporary increase of $3.745.004. to permit the Company to recoup its costs of the federa1 income surtax. In an appea1 brought by the Hunicipa1 League. the Co1orado Supreme Court ordered a reduction ~n the increase authorized by the PUC. Pursuant to the Supreme Court•s decision. the PUC in 1~71 ordered the Company to refund to consumers over $3 mil1ion in excess rates -h~ch had been a11owed to go into effect pending ju.dic~a1 review. Mountain Be11 has steadfast1y re£used to make the refund and is appea1ing the Puc•s refund order to the Suprece Court. In 1970 Mountain Be11 app1ied once more for an ann.ua.1 rate increase of about $29 mi11ion. Aga:Ln. thro"Ugh vo1uneary part:i.cipa t i..on by num.erous Co1orado municipa.1it:l.es at 2~ per capita. the League protested the increase. parcic.i.pated :Ln the he~r:Lngs before the PUC. and opposed the increases :Ln severa1 su.i.ts brought by Mouneain Be11. In the 1970 proceeding. the PUC awarded Mountain Be11 race increases of approximaee1y $11 mi11:i.on per year. Taking the position thae these increases were insufficient. Mountain Be11 bas aga~ appea1ed the PUC decis:l.on. and 1itigation in Denver D.i.str.i.ct Courc is pend.i.ng. Past vo1untary contributions of many municipa1ities has enab1ed the Co1orado Municipa1 League to oppose and he1p reduce major rate increases which otherwise might have been ap- proved. CHL Act:l.on. On February s. 1972. the League Executive Board author.i.zed the League to par- tic:l.pate on beha1f of Co1orado cit:i.es and towns and the:l.r c:l.eizens :l.n connection w:i.th the 1972 rate ~ncrease app1ications of Mounca:i.n Be11. The League Executive Board a1so voted to f:i.nance League pareic:i.pation through assessments of 2~e per capita from a11 member Co1orado c:l.ties and towns which vo1uncar:l.1y participace. Subject to avai1abi1ity of funds. • • • • I' - • 0 - League ~nvo1vement v~11 ~nc1ude participation in hearings before the PUC and possib1e 1it~gation re1ated to the rate increase app1~cations. As in the past , the League does not intend to actively participate in Phase II proceedings rc1atLng to how any increases which may be authorized are to be spread among telephone users. CHL Reoresentation and Cost. Specia1 Counse1 Leonard M. Campbe11 has been retained to represent the League. Mr. Campbe11, incidenta11y, is the same attorney who has represented the League in the 1953, 1968 and 1970 rate proceedings. The question might be raised: Why can't t he League attorney represent us in this matter? This case requires an attorney experienced in uc.i1.1..c.y 1aw a .nd proceedings. The expertise ::l..n uc.::l....l.::L.cy l..aw ::l..s no d::l..fferenc chan c.he experc::l..se requ::l..red ~n wacer 1aw, or co puc ::l..t another way, when you want a heart tra_n.sp1ant you get a successfu~ heare. surgeon. A1so. outs::l..de counsel.. :f..s necessary because of the extensive tLme requ::l..recene.s ::l..nvo1ved and because c.he League General Counsel.. ::l..s a1- ready fully comm~tted on other Lea~~e ass::l..gnmene.s (espec::l..ally for e.he 1eg::l..s1at::l..ve sess::l..on). It ::l..s ant::l..c::l..pated that e.he League may also ree.a::l..n one or more ut::l..l::l..ty experts to test::l..fy dur::l..ng the proceed::l..ngs. This wou1d add add::Lt::l..ona1 costs. The League does not have the funds ~ ::l..ts currenc budgee. to f::l..nance the proceedings. nor d::l..d ::l..t ::l..n ear.l.::l..er proceed::l..ngs. In &11 prev::l..ous Mounca::l..n Be11 rate proceedings. pare.::l..c::l..pat::l..on has been f::l..nanced by a spec::l..a1 vo1untary contr::l..but::l..on from numerous CML mecber c::l..t::l..es and towns. The League Executive Board has decided chat chis same approach shou1d be emp1oyed th::l..s year. Through co11ective efforcs, a pare.ic::l..pa:::l..ng mun::l..c::l..pa1::1..e.v may appear ac 1ess cost and more effective1y than if ::l..t attempced co do so ::l..ndepende~clv . Reasons for Pare.::l..cipation bv Your Mun::l..c::l..pal::l..ty. The fo11ow::l..ng are among the reasons for your mun::l..c::l..pa1::Lcy co part::l..cipace: 1. Part::l..c::l..pat::l..on co11ect::l..ve1y by many mun::l..cipa1::1..t::l..es ~1l ensure that your c::l..t::l..zens as consumers of Mountain Be11 wi11 have a strong vo::l..ce before the PUC and ::l..n court. ~f necessary. to oppose che prospects of 1.arge ~ncreases ::l..n t:e.1ephone races. You may w~sh to obca~n from your 1oca1 Mouncain Be11 off::l..ce che coca~ te1ephone b::l..11::1..ngs Ln your cam- muo~ty in 1971. If you mulc~p1y chat amount by 18.5 percent:. you w~11 get an ~d~cat::l..on of the annua1 add~t:::l..ona1 coscs co your c~t::l..zens if che fu11 amount: of Hount:a::l..n Be.11•s appl~ca~ere approved. 2. In add::l..t~on co t:he d::l..rect: impact upon your c::l..t::l..zens, the prospect:::l..ve increased coacs of te1ephone serv~ce for your munic::l..pa1 government alone may far exceed che 2~ per cap~ta assessment to your mun~c~pa1~ty. 3 . Fu11 sca1e part::l..cipat::l..on by c.he League ~::1..11 afford the opportun~ty for co~p1a::l..nts regard::l..ng Mountain Be11's serv~ce or 1ack of service to be a~red before the PUC. Those mun~cipa1::1..t~e& wh::l..ch e1ect to parcic::l..pate f::l..nanc::l..ally w::l..11 have t:he opportun::l..ty and are ~ encouraged co submit co the League office the::l..r written complaints, or the WT~tten com- p1aints of the::l..r cic::l..zens, ::l..n connection wich Mountain Be11's serv::l..ce or the fa::l..1ure of Mountain Be11 to prov::l..de adequate serv::l..ce. These complaints w~11 then be forwarded to e League Spec~a1 Counsel.., Leonard Campbe11, for poss::l..b1e use. While obv::l..ous1y a11 comp1a~nts cannot be a~red before PUC. this wi11 prov::l..de a praccica1 method for br::l..ng::l..ng serv::l..ce comp1a::l..nts to the attent::l..on of che PUC. 4. Your partic ::l..pat::l..~n w::l..th other mun::l..cipal::l..c::l..es and the Munic::l..pa1 League w::l..11 again provide 1oca1 officLa1s with a un::l..ced approach to reso1v::l..ng a co~n prob1em. e Acc~on. Enc1osed w~th th~s memo is a statement ::l..nd::l..cat~ng your mun::l..cipality•a f::l..nancLa1 share based upon 2~c per capita. us::l..ng 1970 federal.. census f~gures. We request thac those mun~cipa1it::l..es e1ecc::l..ng co parc::l..cipace remit the stateoent amount: co the League off~ce as soon as possible, but preferab1y before March 13, 1972. Your prompt cooperation is ~­ portant so that che League staff can ascertain the scope of part::l..c::l..pation wh::l..ch funding w::l..11 a11ow. At the same t~e. participacing municipa1::1..t::l..es are urged to submit to the League staff any WTitten criticisms regard::l..ng te1ephone serv::l..ce or fai1ure of MOunc.ain -2- • • 0 T 32X - • • • • - Be11 to prov~de adequate aerv~ce. PartLc~pat~ng mun~e~pa1~t~ea are a1ao encouraged to mot~ona or reso1utLona proteatLng MOuntaLn Be11"a rate ~ncreasea and. Lf dea.:Lred. 1ta qua11ty of serv1ee. These motLona and protests can be forwarded to the League ata££. Quesci..ons. If there a .re any queati..on.e: eonc.ern1.na the Leacue"a :l...nvo1vesaent. pl..eaae fee...l. to ca1J.. or v-r.:Lte League Genera.l.. Coun.ae1. JC.e.n Bueche; Leaau-e D:l..rec:tor of P1..el..d Servi...ce.a. Jerry Kempf; or me • -3- • • • • T 32X - - ROLL CALL Schwab Lay Cou.nci.l..woma..n Hen.ni...n Dhori.t - 0 - Brooon B1easi...n M.avor Senti ~A' -;:.e:.o ~ ~ ~/ .· Oe> /'-.,..._.. . -~ ~.._~ . 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CoLo. • .J r 32x - - ROLL CALL G--~ u~ ~ Schwab Lay Coun.c i.l..wo.man He.nni..n Dhor i..t Brown Bl..ess i...n Mayor Sent i - - --) • -. A.-';. ~ ~ -cd a .:1/ ; - - • •• - I ' Lo II . - -- 0 - ROLL CALL - --- -I' 32 X I - • • • • - ROLL CALL ~~ c,~~~ ~~L: Schwab La _ Counc~1woman HennLo Dhori.ty Brown B1essi..n M.a. or Senti ·i: r-. 7! _j ----~ ~ oo #-I. c oL..o_ - N~ -:-->-E ~c// /?_~~I ~c r.._c } /7 ;/ -,c:~/ ~--~ ~~~~ -;.-;, ....____o ~~ .,./ / 6~ _,z:; • • • 1'32X - ,- 1= • • I . 2_ ROLL CALL Schwab La Henn~ng Counc i l.,.,.oma.n Dh.or i.t Br~n B1essin _ MaYor Sent:~.. • • - 2 Ccu -L _ CJ"Ty o,.-"'"GL.c..\."oo~. ~.;zo. • • T 32X - - • • • 0 .. - /3 '\l r l :~~~~~~~~ii~~~~~~~~~~~~~~Ou ~~~ Schwab Q.e:: e; GLc,,...,. > ~"'-~u.nc ::J..l.'WC>ma.n Henn.i...n.O '-· COL-.Q. 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He.nniJlg Dhori.t ----Br~ B1e ssi...n Ma or Sent i. • 0 - • \ ! ~ • • T 32X - ROLL CALL Schwab La Counc~1 -oman HennLn Dhori.ty Brown B1essi...n M.a or Senti. • • - L • ~ r .,. • • '32x - - • • • -'"Z.--- _. 7 I~ .-----:::; 4 -z- ~ ROLL CALL • 0 - ? • \ ! ~ II . • r 32xl • - 0 ,. - - ROLL CALL ~Schwab~~-~co_. :;:unc i.l.-orna..n Henn Ln__g__ -........-.Qe-~C Dhori.ty Bra-n Bl.essi...n ~or Senti. ~~>/. ~-~~~--~ ~~ ~~--- ~ 7 • • • ' ( 'f • • r 32x 1£ L ---- - - ROLL CALL Schwab La Counc L 1woman HennLnq Dhor i...t Br""""' B1essi.ng Ma or Senti - · . • - - I --- • - - - • • CITY C~·F_r-l .c-I A -u 1E~ Introduced as a Bi11 by Councilman / c o•· Clly c LE A BILL FOR • -00. C:OLCI. AN O RDINANCE APPROVING TKE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK XM.PROVE:M.ENr DISTRICT NO. 71 IN THE CrrY OF ENGLEWOOD, COLORAIX>o APPROVING AND CONFIRM..J:NG THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESS:t.NG A SHA..RE OF SAID COST AGAINST EACH LOT O R T RACT OF LAND IN THE DISTRICT; A .ND PRESCRIBING THE MANt.:.IER OF COLLECTION AND PAYMENT O F SAID ASSESSMENTS_ WHEREAS, the City Counci1 of the City of Englewood, Colorado, pursuant to the Charter and Ordinance No. 14, Series of 1965, of said City and the Laws of the State of Colorado, enacted Ordinance No. 20, Series of 1971 , creating Sidewalk Improvement Distr ict No . 71 , and providing for the construction there~ of sidewalk Lmprovements; and WHEREAS, the Ci.ty M.an.a.ger and Director of F:i..na...nce adverti..sed for bids to construct such Lmprovements in three (3) consecutive week1y issues of the ENGLEJwoi"OOD HERALD SENTINEL; and WHEREAS, on August 9, 1 971 , the C1ty Counci1 of the City of Eng1ewood, Co1orado , accepted the bid of Frank DeHaven Company in the amount of $1 ,4 93 .15 as the 1owest and best bid and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS, the construction of such improvements has been compl....eted and the total... costs of such improvements have been re1iab1y ascertained; and WHEREAS, a statement showing the tota1 cost of the Lmprovements has been du1y fi1ed with the City Council...; and WHEREAS, from the statement made and fi1ed with the City Council..., it appears that the who1e cost of said Lmprovements is the sum of $2,397.76, said amount inc1uding costs of ~spection, co11ection and other incidental...& and a1so inc1uding interest as a11owed by 1aw; and WHEREAS • from said statement it a1so appears that the City Cou.nci1 has apportioned a share of the said who1e cost to each 1ot or tract of 1a..nd in said District , Ln accordance with the benefits to be derived by said property and in the proportions and amounts severa11y set f o rth in a Reso- 1ution adopted by the C~ty Council... on the 3rd day of January , 1972, which Reso1ution is by reference made a part hereof; and WHEREAS , Notice of a Pub1ic H enring concerning the 1evyLng of assessments on the rea1 property in the D istrict and upon t~s ordinance has been pub1ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTrNEL, a newspaper of general circulation Ln the City , and, Ln addition. a c opy of the Notice has been mailed, postage prepaid, to each known owner of real property -ithin the District, which Notice is by reference made a part hereof; and WHEREAS, at the tLme and p1ace specified in said Notice, the City Council... met ~n open session for the purpose of hearLng any objections or protests that might be made against said assessments; and WHEREAS. a11 objections and comp1ai...nt.s hav:i...ng been du1y heard and considered, the Counci1 has determined that such abjections should be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS , on the 22nd day of February , 1972, a Bi11 f o r an OrdLnance ApprovLng The Who1e Cost Of The Lmpro vements Made In And For Sidew a1k Impro ve - ment District No . 71 , In The City Of Englewood . Co1orado; Appro ving And Con - firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land Xn Said . , .• • • .l I' 32X I - • • • District ; AssessLog A Share Of Said Cost Against Each Lot Or Tract Of Land In The Di._stri.ct; And Prescri...b.i...ng The Masul.er Of Co11ecti.on And Payment Of Said Assessments~ w as Lntroduced and ~as passed on first reading_ NOW, THEREFORE , BE l:T O R.DA.XNED BY T HE C:I.TY COUNCIL O F THE CITY OF E NGLEWOOD,. COLORAD:>, as £o11ows: Section 1. That the who1e cost and apportionment of the same, set forth in said Re so1uti.on and Notice and as amended herein, is hereby approved and c onfirmed , and said apportionment is hereby dec1ared to be in accordance with the ben efits wh ich the property in said District w L11 receive by reason o f the construction of said Lmprovements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and within the District in the proportions and amounts set forth in said Reso1uti.on and Notice_ Section 2. That of t h who1 e cost of $2,397 .76, the City of Eng1ewood w i 11 pay $1,625.96 , 1eaving a ba1ance of $771.80 to be assessed a gainst the real property in said District , in accordance with Reso1ution No. 1 , Series of 1972. Section 3. That said assessments sha1 1 be due and payabl e at the Office of the Director of F inance , w ithout d emand~ within thirty (30) days from and after the £ina1 publication of thi s Ordinance. In c ase any owner of rea1 property assessed under this Ordinance shall £ai1 to pay the whole of s uch assessment against his property wi t hin said thirty days~ then the pro rata cost of said Lmprovements so assessed against his property, together with interest at the ra te of six per cent (6'1 per annum on any unpaid balance , sha11 be payable in five (5) equal annual installments~ the first of which i..n..sta11.me..nts of principal and interest sha11 be due and pa.yab1e on or before January 1, 1 973 , and the remainder of said Lnsta11ments shall be due and pay&b1e succ:essive1y on or before the 1st day of .J'a...nu_a..ry i.n each year thereafter unti1 said princi..pa1 and interest are paid in fu11. F ailure to pay any Lnsta11ment~ whether of principal or interest, when due sha11 cause the who1e of the unpaid principal to become due and payable :i..mmediate1y, and the who1 e a..mou.nt of the unpaid principal a.:n.d accrued interest sha11 thereafter draw interest at the r ate of one per centum (1') per month, or fraction of a month , unti1 the date of tax sa1e , as by 1aw provided, but at any time prior to the date of the sa1e, any o wn er may pay the amount of a11 unpaid i..nsta11me.nts with interest at on e per centum (1 ') per month~ or fraction of a month, upon a11 de1inquent Lnsta11~ents, and a11 penalties accrued~ and sha11 thereupon be restored to the right thereaf ter to pay i n insta11ments Ln the same manner as if default had not been suf fered. The owne r of any property not 1n d e fault as to any insta11 - ment or payment may , at any ti..zne , pay the whole of the unpaid principal wi th accrue d interest to the date o f the ne xt assessment instalLment payment date. Payments may be made to the Director of Finance at any time within thirty (3 0) days after the final publication of this O rdinance . Immediately after the expi ration of such thirty -day period ; said assessments sha11 be certified to the County Treasurer of Arapaho e County, Colorado, for collection , as provided by 1aw . S ection 4. That 1f any one or more sections or pazts of this Ordinance sha11 be ad~udged unenforceable or in va lid ~ such ~u dgment sha11 not affect ~ impair or 1nva11date the remaLni.ng provisions of this Ordinance , it be1ng the intention that the various provisions hereof are severab1e. Section 5 . This Ordinance ; after its final pas sage; sha11 be recorded in the C~ty Ordinance Book kept for that purpose , sha11 be authenti- c ate d by the signatures of the Mayor and City C1erk, and sha1 1 be published in the ENGLEWOOD HERALD SENTINEL , a newspaper of general circulation publ ished in said City , within seven (7) days after its fina1 passage, and sha11 be and remain irrepealable until the assessments hereby made sha11 be paid i..n fu11. Introduced, read Ln fu11 and passed on first reading the 22n..d day of February; 1972 • Published as a Bi11 for an Ordinance on the 24th day of February, 1972. -2 -Mayor • • • • • Attest: Ex Offic~o City C1erk X , Wi11iam L . McOiv~tt, do hereby certify that the above and foregoing is a true , accurate and com.p1ete copy o f a Bi11 for a.n Ordi..na.nce. i..ntroduced , read in fu11 on the 22nd day of February. 1972, and pub1ished in £u11 on the 24th day of February, 1972~ Ex Off~cio City C1erk -3 - • • • • Introduced as a Bi11 by Counci1man A BILL FOR AN ORD:I:NA.NCE APPROVING THE WHO LE COST OF THE IMPROVEMENTS MADE IN AND FOR SID~ALK IMPAOVl!MENT DISTRICT NO . 71 IN THE C:rrY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT O R T RACT OF LAND IN SAID DISTRICT; ASSESS1NG A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE OXSTR.ICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS- WHEREAS, the City Counci.1 of the City of Eng1e-aod, Co1orado, pursuant to the Charter and Ordinance No. 14, Series of 1965, of said City and the Laws of the State of Co1orado, enacted Ordinance No. 20 , Series of 1971 , creatLng Side-a.1k Improvement D istrict No. 71, and providing for the construct ion therein of s~de wa1k improvements; and WHEREAS , the City Manager a.nd DLrector of F i..na.nce advertised for bids to construct such Lmprovements in three (3) consecutive week1y issues of the ENGLEWOOD HERALD SENTINEL; and WHEREAS~ on August 9 ~ 197~~ the City Counci1 of the City of Eng1ewood , Co1orado~ accepted the bid of Frank DeHaven Company in the amount of $1~4 93.15 as the 1owest and best bid and authorized the Mayo r and City C1erk to execute contract documents; and WHEREAS~ the construction of such improvements has been compLeted and the tota1 costs of such improvements have been re1iab~y ascertained; and WHEREAS~ a statement show-ing the tota1 cost of the i..snprovements has been du1y fi1ed with the City Counc~1: and WHEREAS, from the statement made and fi.1ed with the City Counci1~ it appears that the who1e cost of said improvements is the sum of $2~397.76~ said amount inc1uding costs of inspection , co11ection and other incidenta1s and a1so Lnc1udi.ng interest as a1~owed by 1aw; and WHEREAS~ from said statement it a1so appears that the City Counci1 has apportioned a share of the said who1e cos to each 1ot or tract of 1and in said Distr~ct~ in accordance with the benefits to be derived by s a id property and in the proportions and amounts severa11y set forth in a Reso- 1ution adopted by the City Counci1 on the 3rd day of January~ 1972~ wh ich Reso1ution is by reference made a part hereof; and WHEREAS~ Notice of a Pub1ic Hearing concerning the 1evying of assessments on the rea1 property i.n the District and upon this ordinance has been pub1ished once a week for three (3) weeks i.n the ENGLEWOOD HERALD SENTINEL~ a newspaper of genera1 ci.rcu1ation in the City, and , in addition , a c opy of the Notice has been mai1edp postage prepaid, to each known owner of rea1 property -ithin the District~ which Notice is by reference made a part hereof; and WHEREAS~ at the tLme and p1ace specified in said Notice, the City Counci1 met in open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and comp1aints having been du1y heard and considered , the Council has determined that such objections should be denied except as this Ordinance has accepted them and incorporated hereLn changes in said assessments based upon said objections; and WHEREAS~ on the 22nd day of February ~ 1972, a Bi11 for an Ord inance Approvi-ng The Who1e Cost Of The I.mprovements Made In And For Sidewa1k Xmprove - ment District No. 71, In The City Of Eng1ewood, Co1orado; Approving And Con- firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land Xn Said • r 32x _, • • • • D~stri ct; Assess~ng A Share 0£ Said Cost Against Each Lot Or Tract Of Land 1n The District~ And Prescribing The Manner Of Co11ection And Payment Of Said Assessments~ w as introduced and was passed on f~rst reading. NOW , THEREFORE.. BE l:T O ~X.NED BY THE CITY COUNCIL O F THE C ITY OF ENGLEWCXJD .. COLORA. [X), as ~ol.1ows : Section 1. That the whole cost and apportionment of the same . set forth in said Resol-ution and Notice and as amended herein , is hereby approved and confirmed .. and said apportion~ n is hereby decl.ared to be in accordance wi h the benefits which th property ~n said District wi11 receive by reason of the construction of said ~provements; and a share of said cost is hereby assessed to and upon each lot or ract of l.and within the District in the proportions and amounts set forth in said R eso1ut.i.on and Not i ce. Section 2. That of the who1 e cost of $2 ,397 .7 6 , the City of Eng1ewood w~11 pay $1 ,625 .96 , 1eavi.ng a bal.ance of $771.80 to be assessed a gainst the real. property i.n saLd District, in accordance with Resol.ution No. 1 , S er.i.es of 1972. Sect.i.on 3. That said assessments sha11 be due and payabl.e at the Office of th Directo r of Finance, without d emand , within thirty (3 0) days from a n d after tho fLnal. publ.ication of this Or d~nan ce . Xn case any owner of real. property assessed under this OrdLnance sha11 fail. to pay the whol.e of such assessment against his property wi.th.i.n said thirty days , then the pro rata cost o£ said Lmprovements so assessed against his property, together w ith interest at the rate of s ix per cent (6'1 per annum on a.ny unpaid bal.ance , shal.l. be paya...b1 e i.n five (5) equal. a.n.nual. i...n.stal.~ents , the first of which .i.nstal.Lments of principal. and 1.nterest s hal.l. be due and payabl.e on or before ~anuary 1 , 1 973 , and the remainder of said instal.Lments sha11 be due and payabl.e successive1y on or before the l.st day of January ~ each year thereafter until. said principal. and interest are paid in fu11. Fail.ure to pay any i.nstal.l.ment , whether of principal. or interest , when due shA11 cause the whol.e of the unpaid principal. to become due and payab1e immediatel-y , and the who1e amount of the unpa~d prLncipal. and accrued Lnterest shal.l. thereafter draw interest at the rate of one per centum (1.') per month, o r fraction of a month , until. the date of tax sal.e , as by 1aw provided , but at any time prior to the date of the sal.e , any owner may pay the amount of al.l. unpaid :Ln.stal.~ments with interest at one per cent.UlD (1.') per month , or fraction o f a month, upon a11. del.i.nquent i.nsta1~ment.s , and al.1 penal.t~es accrued , and shal.1 thereupon be restored to the right thereafter to pay in instal.l.ments in the same manner as ~£ defaul.t had not been suffered. The owner of any property no ~n defau1t as to any .i.nsta11 - ment or payment may , at any t1me , pay the who1e of the unpaid principal. with accrued interest to the date of the next assessment i.nstal.1ment payment date . Payments may be made to the Director of Finance at any time within thirty (30 ) days after the fina1 publ.ication of this O rdinance . Lmmedi.atel.y after the expiration of such thirty-day period , said assessme nts sha11. be certified to the County Treasurer of Arapahoe County, Col.orado , for co1l.ection , as provid e d by l.aw. S ection 4. That 1f any one or mor e sections or paxts of this OrdLnance sha11 be adjudged unen£orceab1e or inval.id, s uch JUdgment shal.1 not affect , impair or ~nva1i dat e the remaining provisions of this Ordinance , it being the intent~on that the various provisions hereof are sever&bl.e . Section 5 . This Ordinance , after its fi..nal. passage , shal.1 be recorded in the City Ordinance Book kept for that purpose , sha11 be authenti - cated by the signatures of the Mayor and City Cl.erk , and sha.l.l. be publ.ished in the ENGLEWOOD HERALD SENTINEL , a newspaper of general. circu1ation publ.ished i..n said City , within seven (7) day s after its final. passage, and shal.l. be and remain irrepea1ab1e until. the assessments hereby made shal.l. be paid 1..n fu11 _ Introduced, read in ful.1 and passed on first reading day of February, 1972. the 22nd Publ.i.shed as a Bil.l. for a.n Ordinance on the 24th day of February , 1972 . 2 -M ayor _, • - • Attest: Ex Officio City C1erk I~ Wi11iam L . McDivitt~ do hereby certify that the above and forego~g is a true~ accurate and comp1ete copy of a Bi11 for an OrdLnance; introduced~ read in £u11 on the 22nd day o£ February~ 1972~ and pub11shed in £u11 on the 24th day of February ~ 1972. Ex Officio City C1erk -3 - - - - Cf7Y C~ F F 1 C 1 L -....::.w "'fENT X:NTR()[)UC.ED AS A B.I.LL BY COUNC'l:LMA..~ DFIOR..I7Y _ BY AUTAOR.l:TY O RDl:NANCE NC> _ SERIES OF 1972 A N ORDINANCE CREATI!"'G A...'l I:~~ROVE:·:ENT D ISTRICT IN THE CITY OF Z~~GLI:":-·:000 , CO LORADO , TO BE Kr-:O't."~ AS PAVING DIS - T RI C T NO .. 21 , ORDERI~G THE CO~STRUCTION T HEREIN OF STREET Al"D ALLEY IHPROVE- MENTS ; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT I~; PAY~E~T FOR SAI D II1PROVE 1~NTS ; PROVIDIXG FOR ~OTICE TO C ONTRACTORS AND TO BIDDERS FOR SPECIAL I~1P ROVEMENT DISTRICT BONOS OF S AI D C I TY ... WHEREAS, T he Ci t y Coun c i1 o f E ng1ewo o d, Co1o r a d o , pur- suant to the Charte r, Cha pter 14 o f the Municipa~ Code of the City, and the Laws of the State of Co1ora d o , her e b y finds and determines that there exi sts a nece ssity f or the cre ation of Paving District N o . 2 1, in said City, and the construction and ~nsta11ation therein o f certain street and a11ey ~prov ements as described herein; and WHEREAS, Notice of a pub1ic h e aring concerning the creation of the District and the construction and insta11ation of the ~mprove~ents therein has been pub1ishe d once a week f o r three consecutive weeks in The Eng1 e wood Hera1d, a newspaper of genera1 circu1ation in the City, and in addition, a notice has been mai1ed, postage prepaid, to each known owner of rea1 property with- 1n the proposed District; and WHEREAS, at the time and p1ace speci f ied in said notice , .the City Counc i 1 m e t in open session for the purpose of hearing any obj e ction s or protests t hat might b e made agains t the proposed district or the improveme nts to b e constructed or insta11ed; and WHEREAS, the City Counci1 considered the fo11owing protests and objections: W tLLSON A LA.MM ATTO ...... tw". AT ...... --~9 - CIC:HVC" ... COL O ... ADO • • 4500 South A co ~a Stre et Hr. Robert T. Cr ~. 4556 South Acoma. 3200 South De1 a ~a~e St~eet A petition b earir 3 1 signatures in OPF • Granted M.r. Edward Evers :;ranted 3250 South De1a-a= M:r. Ha.ro1d Jones 3285 South De1a-a..rc 2400 South Raritan Street M.r. Racha..k 2630 South Tejon (Owner of property o ~ o.f Baker and Ra.r.:i.ta.r.# Mr. B. J. Bratrso~sky 1831 West Harvard A11ey East of 3500 South Fox Street Mr. Cl.:Lff Wi11i.arns 3538 South Fox A11ey East of 3900 South Fox Street Petition bearing 22 signatures in opposition. received a£ter hearing A11ey East of 3900 South Ka1ar~th Mr. Louis A~dretti 4005 South Jason A11ey East of 2700 South LincoLn Street Three pet.:i.tLons bearing 33 signatures in opposition Letter from Mr. and Mrs. Paul. W. Ste-art. 2749 South Sherman Street. i.n opposi.t.:i..on Mr. Ray Stevens 2763 South She~ Mrs. Hazel. Mi.ck 2780 South Li...n.co1.n. Mrs • Ma..ry Ena.x 2772 Scuth Lincol.n A11ey East of 3700 South Acoma Street Mr. John Foster 3706 South Acoma 19(a) Denied Granted Denied Granted Gra..n.ted ~ .·~-..... ~ ~ =·.: ·4 .... r ~:::.:::::::::::::::;:;:;:;:;:;:;~.~;;;::;;;;;;;~~--~~----~tt~ .. iE--~~~--------~--~--~-----:~--~~~ - • • • • ~- • A11ev East of 3700 South Ac~ma Street -Cont •d A11ev HI . Robert B e nton 3747 South Broadway !,.4. . Mary W estbrook 3768 South Aco~ East of 3700 Sco••th Er.2!!_d,.... _ v Mr. A rthur Parne11 3785 South L~co~ Five 1etters b ea r~g seven signatures 1n opposition Mrs. Eugene J o hns 3701 South Linco1n Mrs. Tom Westerbuhr 3201 South Bannock Mr . Eugene Byrne 3780 South Broadway Letter from Mr. and Mrs. Basi1 R. Hiqg.i.ns, O ne Lake Av-enue , East Brunswick , New Jersey (owners o f p roperty at 3797 South L1nco1n), receive d after hearing "· Granted .... .... .. .~ .· Gra..nted there X.n addition, Ci.ty Council.. del..eted the fo11ow-i..ng a....l....1ey for -hic:h no protest: Al..l..ey E ast of 3300 South Washington -l.9 (b) - ·~ • • ~'32x - • - - WHEREAS, a1~ objections and complaints having been duly heard and considered, the Council has determined that such objec- tions should be denied except as indicated above; BE I"I:· ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That a special improvement district for the construction, i.nsta11ation or ~mprovement of the improvements hereinafter described, is hereby created and established in ac- cordance ~ith the Charter and Chapter 14 of the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as ••paving District No. 21" .. ~1 proceedings here- tofore taken and adopted in connection with said District are hereby ratified, approved and confirmed. Section 2. That the engineer's reports, together with a11 of the detai1s, specification~, est~mates, maps and schedu1es thereto attached or appended, are hereby approved and adopted. Section 3 .. The extent of the District to be assessed for the cost of the ~provements and inc1uded within the boundary of the District, sha11 be a11 the rea1 property specia11y bene- fited and which fronts or abuts on each of the streets and a11eys to be improved, inc1uding the reQ1 property within one ha1f (1/2) b1ock of such streets and a11eys, and as more particu1ar1y set forth in the Notice o£ Hearing, as provided by a Reso1ution of the .City Counci.1 passed and adopted on the 3rd day of January, 1972- Section 4. The kind of Lmprovements and the streets and a11eys on which such improvements sha11 be constructed or insta11ed sha11 be as fo11ows: -20 - -- I' - - - 1. ~ecessarv grading and excavation, caving wi~, 6" co~~acted grave1 base course and 2~ as~ha1ti.c co~crete sur=ace, cor.crete wa1ks, cur~ and gutter ~~e re not a1readv insta11eC; tocet~er with appurtenances ar..d inc:i.C.enta1s on ~he fo11o...,ling st=eets and avenues: ... South .A.corr..a St. ~south Acoma St. ""South Acoma St ... v Sout.h Acoma S t ... South E1ati St ... South Emerson S t. South Ga1apago St. East Layton Ave. East Layton Ave. South Pennsy1vania St. South side of ,.,..est Ya1e Ave nue South side of ~<Jest Amherst Ave .. South side of West Corne.l.1 Ave. South side of We st Dartmouth Ave . South s ide of West Bates Ave . South side of East Girard Ave ... South side of Wes t Quincy Ave ... East side of South Broadway East side of South Sherman St. South side of U.S. Hwy 285 North side of West Amherst Ave. N orth si.de of West Bates Ave . North side of t-Jest Dart:Inouth Ave. North side of l<iest Eastman Ave .. North siC.e of West Corne11 Ave. North side of East Hampden Ave . North side of ~"lest R.adc1.i.ff Ave. West side of Linco1n St. West side of South Logan St. North side of L~tt1e Dry Creek 2... Necessary grading and excavation, paving '~ri.th 8 .. compacted grave1 base cour se and 3 .. aspha~t.ic concrete surface, concrete 'Ha 1ks, curb and gutter where not a1ready i.nsta1.1.ed; together ~i.th appurtenances and i.nc.identa1.s on the fo1.1.owi.ng streets and avenues: ~ West Co11ege Ave ... West Corne11 Ave. ~ West Harvard Ave. West I1i.ff Ave. South Raritan St. \-lest side of South Tejon St. West s ide of South Tejon St. East side of South Raritan St. East side of South Raritan St. South side of West I1i.ff Ave. -21. . ,. East side of South Zuni St. East side of South Zuni St. East side of South Tejon St. East side of South Tejon St. North side of West Harvard Ave. -- r .:;.2 xI • • • 3. t~ecessary graCing and excavation, co ~pacted subgrade, and with 6'' Pcrt1and cerrent concrete surface, for a tota1. overa1.1 widt~ of four~een feet; together with appur tenances and other incic!enta1. '\·lark on t h e fo11.owing a.11.eys: ON A11ev ... East of South Acoma Street -East of South Acoma Street E.z!!.st of South Fox Street East of South Ga1apago Street ... East side c.f So\.:th Inca Street East of South Jason Street East of South Ka.l...zuna.th Street -"East of South Lipan Street _ East of South Mariposa Stre et East of South Wi.nderemere Street South s.i.Ce of West Jefferson Ave. South side of West Lehigh Ave. South side of u_ s_ Hwy 285 South side of U -S-Hwy 285 South side o f u_ s_ Hwy 285 South side of West Ithaca Ave . South side of l-lest Mansfie1.d Ave. South side o f West Kenyon Ave. South side of l'lest Mans .i.fe1d Ave. East side of South \'i'inderemere St. -22 - • North side of l ·lest Kenyon Ave . South 1.i.ne of 1ot 2 B1ock 4, Curr.i.gan's Sub. North side of West Ithaca Ave. North side of West Xthaca Ave. North side of West Ithaca Ave. North side of lt'?est Jefferson Ave . South side of l·le st Nassau Ave.; thence West to the East side o£ South Ka1amath St. North side of West Lehigh Ave. North side of West Nassau Ave. North side of West Nassau Ave. • • T 32xl • • • • Section S. The co~struction or i.nsta11ation of said street and a11ey improvements in and for the District, as shown by the p1ans, specifications and maps thereof, prepared by the City Engineer and approved by the City Counci1 of the City and now on fi.1e in the office of the Director of Pub1ic Works, be and the same is hereby authorized and ordered, the materia1 to be used in the construction of said street and a11ey improvements to be in accordance ~ith such maps, p1ans and specifications. Section 6. The probab1e tota1 cost of the i..mprovements to be constructed or insta11.ed is S 610*102.41 it is proposed that the Ci.ty of Eng1ewood w.i.11. pay approxi..mate1.y $ __ 7c..B=•..:l.:..:2:.;9:....:..-=-3 ..:0 __ _ toward the tota1. cost of said ~proveme nts. The approximate share of the tota1 cost to be assessed per front foot upon any 1ot or tract of 1and £ranting or abutt~ng on said ~mprovements wi11 not exceed the amounts set forth in the Notice of Hea.r~ng, passed by the City Counci1 as on provided the 3rd by a Reso1ut.i.on day of January, reference. adopted and 1.972, wh.i.ch .i.s incorporated herein by specific section 7. The assessments wi11 be due and payab1e without demand within thirty (30) days from and after the fina1. pub1.i.cation of the Ordinance assessing the who1e cost of said ~- provements against the rea1 estate in said District. Xn the event any owner of rea1 estate sha11 fai1 to pay the who1e of such as- sessment against h.i.s property with.i.n said thirty (30) days. then the who1e cost of the improvements so assessed against his prop- erty sha11 be payab1e in ten (1.0) equa1 annua1 insta11ments of pr.i.ncipa1a The first of such insta11ments of pr.i.nc.i.pa1 sha11 be due and payab1e at such time as may be determined in and by the assessing ordinance and the remainder of said insta11ments sha11 -23 - • • • r 32xl • • • • be due and pa y ab1e successive1y on the s~e day in each year thereafter, unti1 a11 are paid in fu11. The rate of interest to be paid on unpaid and deferred insta11ments wi11 be es - t ab1ished by ordinance to be adopted by the City Counci1 at a l.ater date. section 8. By virtue of and pursuant to said 1aws and the Charter and Chapter .1.4 of the !-1un.ici..pa1 Code o f the City, 1oca1 improvement bonds of the City sha1.l. be issued for the pur- pose of paying f or the .l.oca.l. improvements d escribe d in this Or- dinance, in an amount not to exceed the cost and expenses of said i..mprovements, :Ln.c.l.uding engineering, 1 ega.1 and a.1.1 i..nci.dental. ex- penses, as provided by l.aw. The issuance of and payment for said bonds sha1.l. be authorized by an Ordinance .l.ater to be passed by the City Counci1-The maxmium rate of interest on specia1 assess- ment bonds for Pav~ng District No. 21, sha11 not exceed ten (10) per cent per annum, and such maxmium interest rate sha11 be set forth in the notice of sa1e of said bonds. The bonds and the in- terest thereon sha11 be payab1e out of specia1 assessments to be 1evied against the rea1 property inc1uded within the District and specia11y benefited by the Lmprovements to be constructed or in- st.a11ed, and to the extent necessary, from the specia1 su.rp1us and deficie ncy fund authorized by the Charter of the City. Section 9. The Mayor and Director of Finance are hereby authoriz ed to advertise for bids to construct such improvements and for bids for said bonds to be issued, in three(3) consecutive week1y issues of The Eng1ewood Hera1d, a newspaper of genera1 cir- cu1ation pub1ished in the City of Eng1ewood, which advertisements may run concurre nt1y with the pub1ication of this Ordinance. -24 - • • • .,. T 32X - - - Section 10. The City Counci1 hereby finds and determine s that the ~mprovements proposed to be constructed and insta11ed wi11 confer a specia.l. benefit upon the property within the District and a qenera.l. benefit upon the City as a who.l.e. Section .1..1.. A~.l. ordinances, or parts thereof in con- f.l.ict herewith are hereby repea.l.ed. This Ordinance, after its fina.l. passage, sha11 be recorded in a book kept for that purpose, sha.l..l. be authenticated by the signatures of the Mayor and Director of Finance, ex-officio City C.l.erk, and sha.l..l. be pub.l.ished in a newspaper having genera1 circu.l.ation in the City. Section 12. That if any one or more parts or provisions of this Ordinance shou.l.d be judicia.l..l.y adjudged inva.l.id or unen- f o rceab.l.e, such judgment sha11 not affect or ~pair the remaining provisions hereof, the intention being that eac h o f the provisions hereof are severab1e. Znt.rodu.ced, :read .i.n fu.~1 and ,passed on first reading day of February, 1972_ the 7th 1.972. Pub1.ished as a B11.1. for an Ordinance on the 10th day of February, February, Read by t.i.t~e and passed o:n f.i..na1 reading on the 22nd day of 1 972_ the Pu.b1ished by tit1e as Ord~ce No_ ---------day of February, 1972_ Series of 1972, on (SEAL) Mayor Attest: Ex Officio City C1erk I, Wi11iam L_ McDivitt, do hereby certify that the a..bove and fo:regoi..ng :is a true, accurate and comp1ete copy of an ordi..na.nce, ,paased o:n fina1 readinq and pub1ished by tit1e as Ordinance No ________ , Ser.i.e• of 1972_ Ex Officio City C1e:rk -- • • • :I:NT.RODl.JCED AS A B.XLL BY COUNCILMAN DHOR..J:TY _ BY A UTHOR...XT Y O RD.l:NANCE NO . SERIES OF 1 9 72 AN O RD I NANCE C REATIN G AN' IMPROVE:-a:N T DISTR I CT IN THE CITY OF ENGLEl ·:OOO , COLORADO , TO BE KNOt VN AS PAV I NG D IS- TRICT NO . 21 , ORDERING THE C ONSTRUC T I ON THEREIN OF STREET AND ALLEY I!-iPROVE - ME N T S ; PROVIDING FOR THE ISSUANCE OF BOND S OF THE DISTRICT I:"J' PAY:lENT F OR SAI D I!1PROVE1 :ENTS; PROVIDING FOR NOTICE TO C ONTRACTOR S AND TO BIDDERS FOR SPECIAL IMPROVEMEN T DISTRICT B ONOS OF SAI D CI T Y. WHEREAS, T he City Counc i 1 of Eng1e wood, Co~or a do, pur- suant to the Charter, Chapter 14 of the Municipa1 Code of the City, and the Laws of the State of Co1orado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 21, in said City, and the construction and insta11ation therein of certain street and a11ey ~provements as described herein; and WHEREAS, Notice of a pub1ic hearing concerning the creation of the District and the construction and insta11ation of the ~provements therein has been pub1ished once a week for three consecutive weeks in The Eng1ewood Hera1d, a newspaper of genera1 circu1ation in the City, and in addition, a notice has been mai1ed, postage prepaid, to each known owner of rea1 property with- in the proposed District; and WHEREAS, at the time and p1ace specified in said notice, .the City Counci1 met in open session for the purpose of hearing any obj e c tions or prote sts that might be made against the proposed district or the improvements to be constructed or insta11ed; and WHEREAS, the City Counci1 considered the fo11owing protests and objections: W•'-'-SON a LAM ... ATTO •Nc-Y • A "'' LA- DC:NY~. ~'-0-AOO -1.9 - • • • • 4500 South A~~~~ S~~ect Mx ~ Robert T. Cr z_ 4556 South Acoca 3200 South De1a, .. :a~e St::::-eet A petition bear~r ~~ signatures ~n OPF • Granted Mr. Edward Evers ~ranted 3250 Sou~ De1awa= Mr. Haro1d Jones 3285 South De1a-arc 2400 South Raritan Street Mr. Rachal<:. 2630 South Tejon (o-ner o f property o :-. of Baker and Rarita.r.; Mr_ B. J. Bratrsovsky 1031 W est Harvard ~1ey East of 350 0 South F o x Street Den :Led Mr. C1iff Wi11iams Denied 3538 South Fox A11ey East of 3900 South Fox Street Petition b earing 22 signatures in opposition, received after hearLng A11ey Ea st of 3900 South Ka1amath Mr. Louis A1dretti 4005 South Jason ~1ey East of 2700 South Linco1n Street Three p etitions bearing 33 signatures ~n opposition Letter from Mr. and Mrs. Pau1 w. Stewart , 2749 South Sherman Street, i..n. opposition M.r. Ray Stevens 2763 South Shennan Mrs . Hazel.. M..i.ck 2780 South LincoLn Mrs. Mary Ena..x. 2772 South LincoLn A11ey E ast o f 3700 South Acoma Street Hr. John Foster 3706 South Acoma -19(a) - Granted Den.i.ed Granted Granted • • ,..· .. ·::-~ :· ·~ .... - - - - A11ev East of 3700 South Acoma Street -Cont•d Hr. Robert Benton 3747 South Broadway l>!r. . Mary Westbrook 3768 South Aco:na Al..l..ey East of 3700 Sco• .. th Br~dw ... " Mr. Arthur Parnel..l.. 3785 South Li...nco1.n Five l..etters bearLng seven signatures Ln opposition Mrs. E ·ugene Johns 3701 South L:incol..n Mrs . Tom Westerbuhr 3201 South Bannock M.r. Eugene Byrne 3780 South Broadway Letter from Mr. and Mrs. Bas~l.. R . Higgins, One La..ke Avenue, East Brunswick, Ne-Jersey (owners o~ property at 3797 South Li.nco1..n) , received after hearing ~- Granted .... .... . ,. .· Granted there 1n addition, City Counci..l.. del..eted the fol..l..ow:i.ng al..l..ey for which no protest:: A.1l..ey E .ast of 3300 South Wash:i.ngt.on -~ • • - - - - WHEREAS , a11 object~ons and comp1aints having been du1y heard and considered, the Counci1 has determined that such objec- t i on s shou1d be denied except as indicated above; B E I"'' ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO : S ection 1 . That a specia1 ~provement district for the co nst ruction, insta11ation or ~provement of the ~provements h ere i nafter described , is hereby created and es ab1ished in ac- cordance with t he Charter and Chapter 14 of the Municipa1 Code of the City, a nd t he Law s o f the State of Co1orado, and sha11 be k.now·n and designa ted a s "P avL~g District No . 2 1•. Al1 proceedings her e - t o fore taken a nd adopted in conne ct i o n w i t h s a id District are hereby rati fie d, approved and confirmed. S ection 2 . That the engineer•s reports , toget her with a11 o£ the d e tai1s, spe ci f ications, est~ma tes, maps and sche du1 es thereto attached o r append e d, are hereby approved and adopted. Section 3. The extent of the District to be assessed for the cost of the improvements and inc1uded within the boundary o f the District, sha11 be a11 the rea1 property specia11y bene - fited and which f ronts or abuts on eac h o f the str eets and a11eys t o be improved , inc1uding the rea1 property within one ha1f (1/2) b1ock of such streets and a11eys, and as more particu1ar1y set forth in the Notice of Hearing, as provided by a R e so1ution of the .C1ty Counci1 pa s s e d and adopted on the 3rd day of January , ~972. Section 4. The kind of improvements and the streets and a11 e y s on which such ~provements sha11 be constructed or insta11 ed sha 11 b e a s f o11ows : -- - • • . • 1. ~ecessarv grading and excavationr caving wi~~ 6~ c o~pacted gr avel. base c ourse and 2"" asoha1ti c co~crete surface r cor.crete wa1 ks , c urb and gutte r whe r e not a1ready insta11ed; to get~e r with appurtenances and inci..denta1s on the :fo11o~ .. ~ing streets and avenues: · ON South Acoma. St . South side of Nest Ya1e Avenue North side of West Amh e rst Ave . -South Acoma St . South si.de of t<Jest Amherst Ave. North side of West Bates Ave. - . South Acoma St. South ACC>Yna St. South E1ati St. South Emerson St. South Ga1apago St. East Layton Ave. East Layton Ave. South Pennsy1vania St. South side of West Corne11. Ave. South side of West Dartmouth Ave. South side of West Bates Ave. South side of East Girard Ave ... South side of \-Jest Quincy Ave. East side of South Broadw-ay East side of South Sher.man St. South side of U.S. Hwy 285 North s:i.de of \~est D art.zn_outh Ave. North side of l-lest Eastman Ave. North side of West Corne11 Ave . North side of East Hampden Ave. North side of West Radc1i.ff Ave. West side of Lincol.n St. West side of South Logan St. North side of Litt1e Dry Creek 2.. Necessary grading and excavation, paving '\·Ti.th 8" compacted grave.l.. base course and 3'" asphal.ti.c concrete surface, concrete "'a1ks, curb and gutter where not a.1rea.dy i.nsta11edr together with appurtenances and i.nci.denta.1s on the fo11owi.ng streets and avenues: ON West Co11ege Ave. West Corne11 Ave. West Harvard Ave ... West I1iff Ave. South Raritan St. ~ West side of South Tejon St. West side of South Tejon St. East si.de of South Raritan St. East side of South Raritan St. South side of West X.l..iff Ave. -21 - ~ East side of South Zuni. St. East side of South Zuni. St. East side of South Tejon St • East side of South Tejon St .. North side of West Harvard Ave • • • • • • 3. Necessary grading and excavation, corr.pacted subgrade, and with 6'' Port1and ce~ent concrete surface, for a tota1 overa11 width of fourteen feet; together with aoourtenances and other incidental.. '"ark on the fo1.1owing a.l.l..eys '";;- O N Al..l..ey East of South Acoma Street East of South Acoma Street East of South Fox Street East of South Gal..apago Street .... East side of South Inca Street _.,.,.East of South Jason Street East of South Ka.1a.nt.at-l-:l Street East of South Lipan. Street East of South Mariposa Street East of South Winderemere Street ~ South side of West Jefferson Ave. South side of West Lehigh Ave . South side of u._ s. Hwy 285 South side of U. S. Hwy 285 South side of U. S. Hwy 285 South side of West Ithaca Ave. South side of West Mansfie1d Ave. South side of West Kenyon Ave. South side of West Mansife1d Ave. East side of South \'i.i.nderemere St. -22 - North side of 1-lest Kenyon Ave. South l..ine of l..ot 2 B1ock 4, Cur rigan•s Sub. North s i de of West Ithaca Ave. North side of West Ithaca Ave. North side of West Ithaca Ave. North side of l'!est Jefferson Ave. South s~de of West Nassau Ave.; thence West to tne East siCe of South Ka1a.m.ath St. North side of West Lehigh Ave. North side of West Nassau Ave. North side of West Nassau Ave • • • • • • • Section 5 _ The construction or insta11 ati.on of said s t r eet and a11ey im~rovements in and for the District, as shown by the p1ans~ specificati ons and m aps t her eof , prepared by the City Engineer and appro ved by the C i t y Council.. of the City and n o w on fil..e in the offic e o f the Direc t or of Pub1ic Works , be and the same is hereby aut h orize d and ord ered, the material.. to be used in the construct i on of sa i d s t r eet a n d a11ey ~provements to b e in accordance wi t h such m a ps, p 1a ns and spe c ifications . Sec tio n 6 ... T he probabl..e tota l.. cost of the ~pro veme nts to be constru cte d or .i.nsta1.l..ed is S 610 ,102.4 1. it is proposed that the Ci.ty of Eng.l.ewood wil..l.. pay approxj_matel..y $ __ 7_:_::B:_,•:_:l.~2~9:::..:.-.:::3:_::0:.._ __ toward the total.. cost of said improvements. The approximate share of the tota1 cost to be assessed per front foot upon any 1ot or tract of 1and fronting or abutting on said i.mprove.ments wi.11 not exceed the amounts set forth in the Notice of Hearing, as provided by a Reso1ution adopted and passed by the City Counci1 on the 3rd day of Janvary, .1972, which is incorporated herein by specific reference. Section 7 .. The assessments wi11 be due and payab1e W'ithout demand ""·i.thin thirty (30) days from and after the £ina1 pub1ication of the Ordinance assessing the who1e cost of said i.m- provements against the rea1 estate in said Dist ict .. rn the event any owner of r e a.1 estate sha11 fai1 to pay the who1e of such as- sessme nt aga inst his property within said thirty (30) days, then the who1 e cost o f the improve ments so assessed against his prop- erty sha11 b e payab1 e in ten (10) equa1 annua1 i.nsta11ments of pri.nci.pa1. The first of such insta11ments of pri.ncipa1 sha11 be due and payab1e at such time as may be determined in and by the assessing ordinance and the remainder of said i.nsta11ments sha11 -23 - • • • T 32X • • • • be due and payab1e successive1y on the s~e day in each year thereafter, until a11 are paid in fu11 . The rate of interest to be paid on unpaid and deferred insta11ments wi11 be es - tablis hed by ordinan c e to be adopted by the City Council.. at a l..ater date. section 8 ... By virtue of and pursuant to said l..aws and the Chart er and Chapter 14 of the Municipal.. Code of the City , 1oca1 ~provement bonds of the City sha11 b e issued for the pur- pose of paying for the 1oca1 ~provements described in this Or- din ance , in an amount not to exceed the cost and expenses of said ~prove~ents, inc1uding engineering, 1ega1 and a11 incidental.. ex- penses, as provided by 1a~. The issuance of and payment for said bonds sha.11 be authori.zed by an Ordinance .l.ater to be pas sed by the City Counci1. The maxmium rate of interest on special assess- ment bonds for Paving District No. 21, sha11 not exceed ten (10) per cent per annum, and such maxmium interest rate sha11 be set forth in the notice of sa1e of said bonds-The bonds and the in- terest thereon sha11 be payable out of special assessments to be 1evied against the rea1 property included within the District and specia11y benefited by the Lmprove ments to be constructed or in- sta11ed, and to the extent necessary, from the specia1 surplus and deficie ncy fund authoriz e d by the Charter of the City. S ection 9. The Mayor and Director of Finance are hereby authoriz e d to advertise for bids to construct such improvements and for bids for said bonds to be issued, in three(3) consecutive week1y issues of The Eng1ewood Herald, a newspaper of general cir- cu1ation pub1ished in the City of Eng1ewood, which advertisements may run concurrc nt1y with the pub1ication of this Ordinance. -24 - • • • • • • • Section 10. The City Counci1 hereby finds and determine s that the improvements proposed to be constructed and insta11ed wi11 confer a specia1 benefit upon the property within the District and a genera1 benefit upon the City as a who1e. Section 11. ~1 ordinances, or parts thereof in con- f1ict herewith are hereby repea1ed. This Ordinance, after its fina1 passage, sha11 be recorded in a book kept for that purpose, sha11 be authenticated by the signatures of the Mayor and Director of Finance, ex-officio City C1erk, and sha11 be pub1 i shed in a newspaper having genera1 circu1ation in the City. Section 12. That if any one or more parts or provisions of this Ordinance shou1d be judicia11y adjudged inva1id or unen- forceab1e, such judgment sha11 not affect or ~pair the remain~ng provis ions hereof, the intention be~ng that each of the provis~ons hereof are severab1e. Introduced, read i..n. fu11 and pa._ssed on fi....r-st read.i...n.g day of February, 1972 • the 7th 1972. .Pub1J.shed as a Bi.1.l.. for an Ord.i...n.ance on the 10th day of February, Febru.ary, Read by tit1e a..nd passed on f.i...n.a1 reading on the 22nd day of 1972. Pub1i.shed by ti.t1e as Ord.i...n.ance No_ the -----day of February, 1972. Series of 1972, on (SEAL) Mayor Attest: Ex Officio City C1erk I, Wi11iam L. McDivitt, do hereby certify that the above and foreqoi..ng i..s a. true, accu.rate and comp1ete copy of an ordinance, passed on £i.na1 readLng and pub1ished by tit1e as Ordinance No. ____ , Series of 1972. Ex Officio City C.l..erk -25 - • • • T 32X • • • INTRODUCED AS A B.:XLL BY COUNCILMAN DHOR.l:TY. BY AUTJ-DR.J:TY ORDINANCE NO. SERIES OF 1972 AN ORDINANCE CREATING AN IMPROVE~£NT DISTRICT IN THE CITY OF ENGLE\-:000 , COLO RADO , TO BE K~O\VN AS PAVING DIS - TRICT NO . 2)., ORDERING THE CONSTRUCTION THEREIN OF STREET A.NO ALLEY IMPROVE - MENTS; PROVIOI:.J G FOR THE ISSUANCE OF BONDS OF THE DISTRICT I t ; PAY~lENT FOR SAID IHPROVE!:.EXTS: PROVIDING FOR NOTICE TO CO NTRACTO R S AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. WHEREAS, The City Counci1 of Eng1ewood, Co1orado, pur- suan.t to the Charter, Chapter 14 of the Muni.c.i.pa.1 Code of the City, and the Laws of the State of Co1orado, hereby finds and determines that there exists a necessity for the creation of Paving District NO. 21, in said City, and the construction and insta11ation therein of certain street and a11ey improvements as described herein; and WHEREAS, Notice of a pub1ic hearing concerning the creation of the District and the construction and insta11ation of the £mprovements there~ has been pub1ished once a week for three consecutive weeks in The Eng1ewood Hera1d, a newspaper of genera1 circu1ation in the City, and in addition, a notice has been mai1ed, postage prepaid, to each known owner of rea1 property with- in the proposed District; and WHEREAS, at the t~e and p1ace specified in said notice, .the City Counc i1 met ~ open session for the purpose of hearing any obj ections or protests that might be made against the proposed district or the improvements to be constructed or insta11 e d; and WHEREAS, the City Oounci1 considered the fo11owing protests and objections: WtLL.S-O N a LAMN ATTOfU•OOI:V. AT LA- DCNVCR. C:OLDR_.,DO • -19 - • • • '32xl • • • Mr. Robert T. Cra_ 4556 South Acc:::::mla 3200 South De1a~a~e St~eet A petition bearir 31 signatures in op~ Mr. Edward Evers 3250 South De1awa~ Mr. Haro1d Jones 3285 South De1a.wa.rc- 2400 South Raritan Street Mr. Rachak 2630 South Tejon (Owner o f property o:-. of Baker and Ra.rit a.r.J Mr. B. J . Bratrsovsky 1831. West Harva.rd A11ey E ast of 3500 South F o x Street Hr. C1iff Wi11iams 3538 South Fox A11ey East of 3900 South Fox Street Pet~tion bearing 22 signatures • Ln opposition , received a£t er hearing ~1ey E~st of 3900 South Ka1ama th Mr _ Loui.s A.1dretti 4005 South J ason ~1ey East of 2700 South Linco1n Street Three petitions b earing 33 a~gna.tures in opposition Letter from Mr. and Mrs. Pa.u1 W. Stewart, 2749 South Sherman Street, i.n oppositi.on M.r. Ray Stevens 2763 South Sherman Mrs. Ha.ze1 M.i..ck 2780 South L.i.ncol..n Mrs . Mary En ax 2772 South LincoLn A11ey East of 3700 South Acoma Street Mr. John Foster 3706 South Acoma 1.9(a) Granted ~ranted Denied Grante d Denied Granted • • :i- Granted -_ .. ' . , .• - - • - A11ev East of 3700 South Ac?ma Street -Cont•d there M.r. Robert Benton Granted 3747 South Broadway t,;.,.r •• Mary """"est.brook. 3768 South Aco:na Mr. Arthur Parne11 3785 South L~co~ Five 1etters bear~g seven s.i.g-natu.res i..n opposi.t:Lon Mrs. Euge~e Johns 3701 S outh L.i..nco1.n Mrs. Tom Westerbub..r 3201 S ~u th Bannock Mr. Eugene Byrne 3780 S outh Broadway Letter from Mr. and Mrs. Ba.si..l.. R. Hi.qg i..ns, O ne Lake Avenue., East Brunswick, New Jersey (owners o~ property at 3797 South Li..nco1n), received after hearing .... "· .· Granted %..n add.i.ti.on, Ci.ty Counc.i.1 del..eted the fol..l..ow:i...nq a.l..1ey ~o r which no protest :: A11ey East of 3300 South Wash1nqton -l.9(b) - • • • r 32x • • • WHEREAS, a11 objections and comp1aints having been du1y heard and considered, the Council has determined that such objec- tions should be denied except as indicated above; BE I"::' ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That a special improvement district for the construction, insta11ation or Lmprovement of the improvements hereinafter described, .i.s hereby created and esta.b1.i.shed in ac- cordance ~ith the Charter and Chapter 14 of the Mun.i.c.i.pa1 Code of the City, and the Laws of the State of Colorado, and sha11 be known and designated as "Paving District No. 21". ~1 proceedings here- tofore taken and adopted in connection with said District are hereby ratified, approved and confirmed. Section 2. That the engineer•s reports, together with a11 of the detai1s, specifications, estimates, maps and schedu1es thereto attached or appended, are hereby approved and adopted. Section 3. The extent of the District to be assessed for the cost of the Lmprovements and inc1uded within the boundary of the District, sha11 be a11 the rea1 property specia11y bene- fited and which fronts or abuts on each of the streets and a11eys to be improved, inc1uding the rea1 property within one ha1f (1/2) b1ock of such streets and a11eys, and as more particu1ar1y set forth in the Notice of Hearing, as provided by a Reso1ution of the .City Counci1 passed and adopted on the 3rd day of January, 1..972. Section 4 • The kind of improvements and the streets and a11eys on which such improvements sha11 be constructed or insta11ed sha11 be as fo11ows: -20 - • • • • • 1. ~ecessarv grading and excavation, caving ~ith 6-cc ~pa ct ed grave1 base course a~d 2"" asoha1tic concrete sur~ace, co~crete wa1 ks , curb and gutter where not a1ready insta11ed; toget~er with appurtenanc es ar.d incidcnta1s on ~he fo11owing st~eets and avenues: .. South Acorea St. .. South A com.a. St. .... South Acoma St. -South Acoma St . South E1ati. St. v South Emerson S t. South Gal.apago St. East Layton Ave. East Layton Ave. South Pennsy1van.:ia St. South side of t'lest Ya1e Avenue South side o f t-lest Amherst Ave .. South side of Wes t Corne11 _&..ve. South side of West Dartmouth Ave. South side of West Bates Ave . South side of East Girard Ave .. South si.de of \-Jest Quincy Ave. East si.de of South Broadway East side of South Sherw~n St. South s i de o£ C.S. Hwy 285 North side of West Amherst Ave. North side of West Bates Ave. North si.de of \-Jest Dartmouth Ave .. North side of ,.,est East..m.an Ave. North si..c!e of West Corne11 Ave. North side of East Hampden Ave. North s.:ide of West Radc1iff Ave. West side of Linco1.n St. West si.de of South Logan St- North side of Litt1.e Dry Creek 2... Necessary grading and excavation , paving '\•Ti.th 8" compacted grave1 b ase course and 3" aspha1t~c concrete surface, concrete '\·t a1ks, cur b and gutter "Where not a.l.ready .i.nstal.l.ed; together ,..,i.th appurtenances and i..nci.dental.s on the fol.l.o"Wi.ng streets and avenues: ~ West Co11ege Ave. West Cornel.l. Ave ... West Harvard Ave. West I1.i.ff Ave. South Raritan St. ~ "lest side of South Tejon St. West side of South Tejon St. East side of South Raritan St. East side of South Raritan St. South side of West I1iff Ave. -2J.. - East s i de of South Zuni. St ... East side of South Zu.n.i. St. East s i de of South Tejon St • East side of South Tejon St. North side of West Harvard Ave . II • • - - • - • 3. Necessary grading and excavation, corr.?actcd subgrade, and w~th 6'' Port1and ce~ent concrete surface , for a tota1 overa11 widt~ of fourteen =eet; together ~ith aoourtenances and other inci.C!enta1 '\·.tork on t..."'l.e fo11owing a11eys -:- ON A11ey .. East of South Acoma Street _.East of South Ac:om.a Street East. of South Fox Street East of South Gal..apago Street .... East side of So\.:.th Inca Street East of South Jason Street East of South ka1a.mat-""l Street -'East of South Lipan Street ... East of South Mariposa Street East of South Winderemere Street South s.i..Ce of West Jefferson Ave. South side of West Lehigh Ave. South side of u._ s. Hwy 285 South side of U. S. Hwy 285 South side of U. S. Hwy 285 South side of West Ithaca Ave. South side of West Mansfie1d Ave. South side of West Kenyon Ave. South side of West Ma..nsi.fe1d Ave. East side of South l'i'inderemere St. -22 - North side of \·lest Kenyon Ave. South 1ine of 1ot 2 B1ock 4, Currigan•s Sub. North side of West Ithaca Ave. North side of West Ithaca Ave. North side of West Ithaca Ave. North side of ~est Jefferson Ave. S outh side of '\·lest Nassau Ave.; thence West to the East side of South Ka1a..ma.th St. North side of West Lehigh Ave. North s.ide of West Nassau Ave. North side of West Nassau Ave • • • • • • sect .ion 5 . The construct~on or installation of said stree t and alley improvements in and fo r the District, as shown by the plan s , specifications and maps thereof, pr e par ed by the City Enginee r and approved by the Ci t y Council of the City and now on file .in the office of the Director of Public Works, be and the same is hereby authorized and ordere d, the material to be use d in the cons truc tion of said street and alley improvements to be in accordance with such maps, p1ans and specifications. Section 6. The probable total cost of the improvements to be constructed or .installed is S 6 10,102.41 i.t is proposed that the City of Englewood will pay approximately $ 7 8 ,129 .30 toward the total cost of said £mprovements. The approxi.mute share of the tota1 cost to be assessed per front foot upon any 1ot or tract of 1and fronting or abutting on said improvements wi11 not exceed the amounts set forth in the Notice of Hearing, passed by the City Counci1 a.s on provided the 3rd by a Reso1ution day of Jan uary , reference. adopted and 1972, which is incorporated herein by specific Section 7. The assessments wi11 be due and payab1e nd ~ithin thirty (30) days from and after the fina1 pub 1~ca ion of the Ordinance assessing the who1e cost of said ~- provement• aga~st the r ea1 estate in said District. In the event any o~er of r a1 estate sha11 fai1 to pay the who1e of such as- &e&SD1ent agai...nst hi..s prope rty withi.n sa.i.d thirty (30) days, then the who 1e cost of the improvements so assessed against his prop- erty sha11 b e payab1e in ten (10) equa1 annua1 insta11ments of pr~nci..p a1. The first of such insta11ments of principa1 sha11 be due and payab1e at such t~e as may be determined in and by the assessing ordinance and the remainder of said .i.nsta11ments sha11 -23 - • • .......... .......... • • • be due and pa yab1e successively on the s~e day in each year thereafter, until a11 a re paid in fu11. The rate of interest to b e paid on unpaid and deferred installments wi11 be es - tablis hed by ordir.ance to be adopted by the City Council at a later date. section 8. By virtue of and pursua nt to said 1aws and the Char ter and Chapter 14 of the Municipa1 Code of the City, 1oca1 ~provemen t bonds o f the City sha11 be issued for the pur- pose of paying for the 1oca1 ~provements described in this Or- dinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, 1ega1 and a11 incidental ex- penses, as provided by 1aw. The issuance of and payment for said bonds sha11 be authorized by an Ordinance later to be passe d by the City Counci1 . The maxmium rate of interest on specia1 assess- ~ent bonds for Paving District No. 21, sha11 not exceed ten (10) per cent per annum, and such maxmium interest rate sha11 be set forth in the notice of sa~e of said bonds. The bonds and the in- terest thereon sha11 be payab1e out of specia1 assessments to be 1evied against the rea1 property inc1uded within the District and s pecia11y benefited by the ~provements to be c onstructed or in- sta11ed, and to the extent necessary, from the specia1 surp1us and deficiency f und authorized by the Charte r of the City. Section 9. The Mayor and Director of Finance are hereby authorize d to advertise for bids to construct such ~provements and for bids for said bonds to be issued, in three(3) consecutive week1y issue s of The Eng1ewood Hera1d, a newspaper of genera1 cir- cu~ation pub1ished in the City of Eng1ewood, which advertisements may run concurrent1y with the pub1ication of this Ordinance. -24 - • • • • • Section 1.0. The City Counci1 hereby finds and determ ines that the improve~ents proposed to be constructed and insta11ed wi11 confer a specia1 benefit upon the property within the District and a genera1 benefit upon the City as a who1e. Section 11. A11 ordinances, or parts thereof in con- £1ict herewith are hereby repea1ed. This Ordinance, after its fina1 passage, sha11 be recorded in a book kept for that purpose, sha11 be authenticated by the signatures of the Mayor and Director of Finance, ex-officio City C1erk, and sha11 be pub1isbed in a newspaper having genera1 circu1ation in the City. Section 12. That if any one or more parts or provisions of this Ordinance shou1d be judicia11y adjudged inva1id or unen- £orceab1e, such judgment sha11 not affect or ~pair the remaining provisions hereof, the intention being that each of the provisions hereof are severab1e. I.nt.roduced., read in fu-1.1 and pa.ased. on f.i.rst read...i..ng day of February, ~972. the 7th 1972. Pub1Lshed as a Bi11 for an Ordinance on the 10th day of February, February, Read by tit1e and passed. on f.i.na1 reading on the 22.nd day of 1972. the Pub1ished by t.i.t1e as Ordinance No. ---------day of February, 1972. Series of ~972, on (SEAL) Mayor Attest: Ex Officio C.i.ty C1erk X, W.i.~1.i.ADI L. McDivitt, do hereby cert.i.fy that the a.bove and foregoing .i.s a true, accurate and comp1ete copy of an ordinance, passed on f.i.na1 readLng and pub1ished by t.i.t1e as Ordinance No. Series of 1972. Ex Officio City C1erk 25 - • • • • RESOLt:TIQ:-.; :.:o . ___k__, SERIES OF 19~2 RESOLUTlO!'J CO ~~:E:-· . ."UI~C EL!'lER E. SCHWAB FOR HIS YEARS OF SERVICE TO THE CITY OF E~GL~OOD . WHEREAS , El rer E . Sch~ab has terminated membership on the ~acer and Se~er Board of the City of Engle~ood , Colorado , and. ~HEREAS. it is appropriate at this time to publicly ackno~ledge the service ~hich he has rendered to the City . SO~. THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ESGL~OOD, that said City Council does hereby publicly adopt the following stat~ment of commendation : Elmer E. Schwab. a respected and loved member of this community , has recently completed 4 years of service to the City of Engle-ood. Hr . Schwab has rendered a valuable service as a member of the Engle-ood Water and Sewer Board , giving freely of his time to insure the v ia b ility of the Water and Sewer Board . At the time of his termination. thi s City Council. on behalf of th e entire City of Englewood and all of its residents. desires to say to Elmer E . Schwa b that we appreciate the service -hich he has rendered , we acknowledge the high respect in which he is held and -e -ish to h im all g ood fortune in all of his future endeavors . Mayor - • • • RESOLUTION NO . ~. SERIES OF 1972 RESOLUTION COHMENDI G ELMER E. SCHWAB FOR HIS YEARS OF SERVICE TO THE CITY OF ENGLEWOOD. WHEREAS, Elmer E. Schwab has terminated membership on the Water and Sewer Board of the City of Englewood, Colorado, and, WHEREAS, it is appropriate at this time to publicly acknowledge the service which he ha s rendered to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH-E CITY OF ENGLEWOOD,. that said Ci.ty Council. does hereby publicl.y adopt the following statement of commendation: Elmer E. Sch~ab,. a respected and loved member of this community,. has recently completed 4 years of service to the City of Englewood. Hr . Sch~ab ha s rendered a valuable service as a member of the Englewood Water and Sewer Board, giving freely of hi s time to insure ~he viability of the Water and Sewer Board. At the t~me of his termination, this City Council , on behalf o f the entire City of Englewood and a11 of its residents , desires to say to Elmer E . Schwab that we appreciate the service which he has rendered, we ackno-1edge the high respect in which he is held and we w~sh to him all good fortune in all of his future endeavors . Mayor • • - • • • RESOLI:T IO. • . .:0 . SER1ES OF 19-2 RESOLUTt.ON COl'~E"';DI.NG LEO:;ARD ROBOHM FOR H IS YEARS OF SERVICE T O THE Cl:TY OF ENGLEWOOD .. WHEREAS, Leona rd Robohm has re signed from memb ership on the Wa t r and Se"'er Board of the City of En~le,..-o od, C olorado, and, WHEREAS, it is appropriate at this time to publ.ic:.ly ackno~le d ge the long-time service ~hich he ha s rendered to the City. NOW , THEREFORE, BE IT RESOL\"ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, that said City Council doe s hereby publi cly adopt the follo-ing statement of commendation : Leonard Robohm , a respected and loved member of this community, has recentl.y compl.eted l.C. years o f ""ol unt...ary service to the City of Engle-ood, first , as a member and finally as chairman of the Englewood Water and Se ~er Board. Hr. Robohm ha s devoted his time and energ~es i.n a num_ber of water matters i._mport.ant to the Ci.ty 9 ccxn:nenci.ng wl.th the early purcha se of ~ater ri.ghts, through the gro~i.ng years of the Ci.ty•s -w-ater uti.~i.ty. eo the construction of the West Slope diversi.on fac i lities . Hr. Robohm ha s always participated freely in all water matters and ha s ass~sted 1n ensuring the i.ndependence of Englewood•s water system. At the time of his res1gnation this City Council. on behalf of the enti.re City of En g le·wood and all of its residents, desires to say to Leonard Robohm that we appreciate the service which he has rendered, we acknowledge the high respect in which he is held and we w ·ish to him all good fortune in all of his future endeavors ... Mayor • • • T 32XI - • • • • RESOLUTION NO . -------' SERIES OF l972 RESOLUTION CO~ENDING LEONARD ROBOHM FOR HIS YEARS OF SERVICE TO THE CITY OF ENGLEWOOD. WHEREAS, Leonard Robohm has resigned from me~bership on the "•~~~ and Se~er Board of the City of Engle~ood, Colorado, and, -...YJ-t~~.A.S, it is appropriate at this time to publicly ackno"-11C~c..a the J~t;t-time service ~hich he has rendered to the City. NOW, THEREFO ~~. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, that sa~~ c;ty Council doe s hereby publicly adopt the following statement of commenoat~oa• Leonard Robohm, a respected and loved membe~ o£ this community, has recently completed 14 years oC ..,-... luntary service to the C1Ly o.( Englewood, first, as a =~mb er and finally as chairman of the Englewood ~ater and Sew~r Boa rd . Mr . Robohm ha s devote d his time and energies in a n ~~b~r uf ~ater mat ters Lmportant to the City, commencing ~th ~~-early purchase of ~ater rights, through the growing years of the City's '""'ater u'Cility, to the construction of the West Slope diversion facili'Cies. Hr. Robohm has al~ay s participated freely in all water matters and has assisted in ensuring the independence of Englewood's water system. At the time of bis resignation this City Council, on behalf of the entire City of Englewood and all of its residents, desires to say to Leonard Robohm that we appreciate the service which he has rendered, we acknowledge the high respect in wh1ch he is held and ~e -ish to him al1 good fortune in all of his future endeavors. Mayor • • • \ I :r T 32X - • • • • CITY c~{;.f':. . .',C lA L -;cu RESOL L"Tl.O~ :-;o . RE SOLL'Tl.O~ CO!'-~IE!"flll~G JOHS C . SERVICE TO THE CITY OF ESGLEWOOD. SERIES O F 19":'2 ~=~ ...... ~ "7:.2 COU N KREILI. G FOR H~~aKs£-MsL£;.--.~GO FIL.E • C::CL WH-EREAS, John C .. Kreiling has terminat:.ed member ship on t:.he Wat:.er and Sewer Board of the Cit:.y of Englewood . Colorado . and . \,.'HER.EAS,. it:. is appropriate at thi s t ime to publi.c ly acknowled ge the long-time service which h e h as rendered to the City . NOW. THEREFORE . BE IT RESOLVED BY TKE CITY COUNCIL OF TKE C ITY OF ENGLEWOOD,. that sa id C ity Council does hereby publicly adopt the f ollowing statement of commendation : John C. Kreil~ng. a respected and loved member of thi s community, has recently completed 14 years of service to the City of Eogle~ood, first as a citizen member and finally as a Councilman representative on the Eng1ewood Water and Sewer Board. Mr . Kreiling has dedicated hi s energies over the year s t o acquire and perpetuate a strong and independent water utility . His technical knowledge of water matters ha s proven invaluab1e , as is evidenced by the condition of the w-ater uti.1i.ty , both financially and in facili.ties. A t the time of his termination , th~s City Council, on behalf of the entire City of Englewood and all of its residents , d esires to say to John C . Kreiling that we appreciate the service which he has rendered,. we acknowledge the high respect in which he is held and we wis h to him all good fortune in a l l of his f u ture endeavors . Mayor • t • • ~'32xl • - - - RESOLUTION NO . -------• SERIES OF 1972 RESOLUTION COMMENDING JOHN C. KREILING FOR HIS YEARS OF SERVICE TO THE CITY OF ENGLEWOOD . WHEREAS, John C . Kreiling has terminated membership on the Water and Sewer Board of the City of Englewood , Colorado , and , WHEREAS, it is appropriate at this time to publicly acknowledge the long -time service wh ich he has rendered to the City. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, that said City Council does hereby publicly adopt the follo~ing statement of commendation: John c. Kreiling, a respected and loved member of this community, has recen tly completed 14 years of service to the City of Englewood, first as a ci ti zen member and finally as a Councilman repre sentative on the Eng l e-ood Water a nd Sewe r Board. Hr . Kreiling has d e dica t ed his e n ergies over the years to acquire and perpetuate a strong and independent water utility. His tec hnical kno-ledge of water m atters has proven invaluable. as is e v~den ced by the condition of the water utility. both financially and in facilities. At the time of hi s termination . this City Council. on b ehalf of the e ntire City of Englewood and all of its residents. desires to say to John C. Kreiling that we appreciate the se rvice which he ha s rend ered . we acknowled ge the h igh r espect in which h e is held and we w~s h to h im all g ood fortune in all of h is future endeavors. Mayor • • • - • • • RESO LUTION NO . 9 , SERIES O F 1 972 A RESO LtrriON AUTHORIZING "!"HE NO':":rFICATI.ON OF PRDPERrY OW'NERS OF A.SSESS ~'!ENTS F O R PAVING DISTRICT NO. 20 A..._""ijD ESTABLI S HING A .DA.TE FOR PUBLIC HEA..RING ON S.AJ:D ASSESS.ME:..."TS . WHEREAS, t he street and a11ey i m provements in Paving District No. 20, in Eng1ewood, Co1orado, have been satisfactori1y comp1eted and have been accepted by the City of Eng1ewood; and WHEREAS, a statement s howing the who1e cost of said ~provements and a proposed apportionment of the same on the prop- erty in said District has been fi1ed with the Director of Finance; and WHEREAS, the City Counci1 has considered the special.. benefits accruing to each 1ot or tract of 1and in the District by reason of the making of said street improvements and has determined that the apportionment of the assessments for said ~provements as set forth in the fo11owing Notice , is in accordance with such bene- fits; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO' 1. That the Director of Finance is hereby authorized and directed to noti~y the owners of the propert ~ to be assessed for said Lmprovements by advertisement in three consecutive week1y issues of The Eng1ewood Hera1d, a newspaper pub1.i.shed and of gen - era1 circu1ation .i.n the City of Eng1ewood, that said Lmprovements have been completed and accepted, that the cost thereof has been apportioned according to benefits and that a hearing on the assess- ments wi11 be he1d at the time and p1ace set forth in the Notice, and by mai1ing a summary of said Notice to a11 owners of property to be assessed with the costs of the Lmprovements. The su.nunary of the Notice sha11 be forwarded by prepaid ma.i.1 at or about the time of the first publication of the Notice. The date of hearing sha11 not be 1ess than fifteen days after the first pub1icat.i.on of the Notice. WILLSON a L.AMM .. TTOitN ....... AT L-4- 0il. .. YEJI.. co ... o .. A- • 66 -. , .• • • - /. - - - - ~co ~:.? SERIES OF 19 ~ Q<::-.1\c/~ ...-' -~-'\IG"; c-.. ~ WHEREAS~ the street and a11ey Lmprovements in ~Pag i~~ Co1orado, have been sat.i.sfa~t~~F1 y RES OL t.TI':Z:O~ NO . District 20 • .i.n Engl.ewood, No . comp1eted and have been accepted by the C.i.ty of Engl.ewood; and WHEREAS, a statement showing the who1e cost of said ~provements and a proposed apportionment of the same on the prop- erty in said District has been fil.ed with the Director of Finance ; and WHEREAS, the City Council. has considered the special. benefits accruing to each lot or tract of 1and in the District by reason of the making of said street improvements and has determined that the apportionment of the assessments for said Lmprovements as set forth in the fo11owing Notice, is Ln accordance with such bene- fits; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO: 1. That the Director of Finance is hereby authorized and directed to notify the owners of the property to be assessed for said Lmprovements by advertisement in three consecutive week1y issues of The Eng1ewood Hera1d, a newspaper pub1ished and of gen- era1 circu1ation in the ~ity of Eng1ewood, that said improvements have been comp1eted and accepted, that the cost thereof has been apportioned according to benefits and that a hearing on the assess - ments wi11 be he1d at the time and p1ace set forth in the Notice, and by mai1ing a summary of said Notice to a11 owners of property to be assessed with the costs of the improvements. The summary of the Notice sha11 be forwarded by prepaid mai1 at or about the tLme of the first pub1ication of the Notice. The d .ate of hearing sha11 not be 1ess than fifteen days after the first pub1ication of the Notice. WILLSON a L.4MM -66 - • - , .......... • • 2. That the pub1ished Notice sha11 be in substantia11y the fo11owinq form: - - • PUBLIC NOTICE OF THE CO~PLETION OF STREET AND ALLEY I:·:PROVE:·:.ENTS I!\1 PAVING DISTRICT NO. 2 0, I~ 7~E CITY OF ENGLEWOOD , COLORADO, OF THE APPORTIO!'o:.l·lE~T OF THE COST THEREOF AND HEA..R.ING THEREON. TO ALL PERSONS I N TERESTED GENERALLY and to the owners of rea1 estate which is he reinafter described, said rea1 estate co~prising the District known as Paving District No. 20, Eng1ewood, Oo1orado, notice is he reby given (a) That the street and a11ey improvements in Paving District No . 20, Eng1ewood, Co1orado, which were authorized by Ordinance No. 7, Series 1971, fina11y adopted and approved on the 15th day of March, 1971, have been comp1eted, that the same have been accepted by t he City Counci1 of the City of Eng1ewood, and that the cost thereof has been apportioned against the rea1 property in t .he District according to benefits. (b) That the who1e cost of said improve~ents has been def.i.n.ite1y ascertained and is the amount of s 493,148#9 5 said amount inc1uding costs of inspection, co11ection, incidenta1s and interest as a11owed by 1aw. (c) Of the wbo1e cost stated in paragraph (b), the City of Eng1ewood wi11 pay $ 108 ,421.27 , 1eaving the amount o£ $ 384,727.68 to be a~sessed_against the rea1 property in the Dis- tr.ict for the cost of the ~provements. (d) That the share apportioned to and upon each 1ot and tract of 1and within the District and assessab1e for the improve- ments is as fo11ows: --- PROPERTY OWNER - ~~~~~~~!:.!!:!:~ Paving D~strict No. 20 Eng1ewood, Co1orado PROPERTY DESCRIPTION (Attach Copy of Assessment Ro11) TOTAL A.SSESSr·lE~T - • • • before Wednesday, the 22nd day of March, 1972, wi11 be heard Counci1 and fi1ed .in the office of the Director of Finance on or 4. That any comp1aints or obj~ctions which may be made in writing by the owners of 1and within the District, to the City and deter·rnined by the Ci.ty Counc.i1 before the passage of an ordinance assessing the cost of said Lmprovements .. S. Comp1aints or objections to the proposed assessments wi11 be heard by the City Counc.i1 on Monday, the 27th day of March, 1972, at the hour of 7:30 o•c1ock P.M .. , at the City Ha11 .i...n said C.i ty .. WiTNESS my hand and offi.cia1 sea1 this 22nd day o£ February, 19 7 2 .. ( S E A L ) Pub1.ish in: The Eng1ewood Hear1d DLrector of F~nance, ex-officio City C1erk Pu..b1.i.sh on: U ' a .t 15, ~!i'7~ ..:;;rc..Lc + E...""<r ..,;;z¥. ~ o:::>_, ~ ~9. /9:1.2.._ '-70 - • • - • • • Xntroduced as a Bi..11 by Counci..1man A B:XLL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SX.OEWALK X.MPROVE21ENT DISTRICT NO. 71. IN THE CITY OF ENGLEWOOD ., COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAXD COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAXD ASSESSMENrS • WHEREAS, the City Council. of the City of Eng1ewood, Co1orado, pursuant to the Charter and Ordinance No. 14, Series of 1965, of said City and the Laws of the State of Col.orado~ enacted Ord~nance No. 20, Series of 1971. creating Sidewal.k r~provement D istrict No. 71, and providing for the construction therein of sidewalk improve~ents; and WHEREAS, the City Manager and Di..rector of Finance advertised for bids to construct such improvements i..n three (3) consecutive weekl.y issues of the ENGLEWOOD HERA.LO SENTINEL; and WHEREAS. on August 9 , 1971 , the City Council. of the City of Englewood , Colorado, accepted the bid of Frank DeHaven Company in the amount o£ $1,493.15 as the 1owest and best bid and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS, the construction of such i..mprove~ents has been compLeted and the total. costs of such improveutents have been rel.ia.b1y asce.rtai...ned; and WHERE.A..S, a stateznent sho-i.ng the total. cost of the i...Jnprovements has been duly fil.ed with the City Council.; and WHEREAS, from the statement made and fi1ed with the City Council., it appears that the whol.e cost of said i..mprovements is the sum of $2,397.76, said amount inc1udi..ng costs of inspection . col.l.ection and other i..ncidenta1s and al.so including interest as a11owed by 1aw; and WHEREAS, from said statement it al.so appears that th.e City Council. has apportioned a share of the said who1e cost to each l.ot or tract of 1and in said District, i...n acco rdance with the benefits to be derived by said property and in the proportions and amounts severa11y set f o rth i..n a Reso - lution adopted by the City Council. on the 3rd day of January , 1972, which Resol.ution is by reference made a part hereof; and WHEREAS, Notice of a Pub1~c H earing c oncerning the 1evying of assessments on the rea1 property in the District and upon this ordinance has been pub11shed once a week for three (3) weeks in the ENGLEWOOO HERALD SENTINEL, a newspaper of general. circu1ation Ln the City~ and, i..n addition, a copy of the Not1ce has been mai.1ed , postage prepaid, to each known ow-ner of real. property wi.thin the District, which Notice is by reLerence made a part hereof; and WHEREAS~ at the tLme and p1ace specified in said Notice, the City Counc11 met Ln open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and compl.aints having been du1y heard and considered, the Counci1 has determined that such objections shou~d be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said obJeCtions: and WHEREAS, on the 22nd day of February, 1972, a B111 for an OrdLnance Approving The Who1e Cost Of The ::t.mprove..m.ents Made In And For Si..dew-a..1k Improve- ment District No. 71, In The City Of Eng1e-ood , Co~orado; Approving And Con- fi..~ng The Apportionment Of Said Cost To Each Lot Or Tract Of Land In Said • • - - • - D istrict; Assessing A Share Of Said Cost Against Each Lot Or Tract Of Land J:n The Di.st.rict; And P.rescri..bi.ng The Manner Of Co1l.ecti.o:n And Payment Of Said Assessments, was introduced and was passed on first reading_ NOW , THEREFORE , BE IT OR.DAXNEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORA IX:>, as fol.1o""'s: Section 1-That the ""'ho1e cost and apportionment of the same , set forth in said Reso1ution and Notice and as amended herein , i.s hereby approved and confirmed , and said apportionment is hereby dec1ared to be in accordance with the benefits w hich the property in said D istrict w i11 receive by reason of the construction of said Lmprovements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and w ithin t h e D istrict i.n the proportions and a.mou.nts set forth i..n said Reso1ution and Notice. Section 2 _ That of the ""'ho1e cost of $2 ~397-76 , the City of Engl.ewood wi11 pay $1 ,625 _96, 1eaving a ba1ance of $771_80 t o be assessed against the rea1 property in said District, Ln accordance with Reso1ution No_ 1 ~ Series of 1972. Section 3. That said assess~ents sha11 be due and payab1e at the Office of the Director of Finance, without demand 6 within thirty (30) days from and after the fina1 pub1ication of this Ordinance _ In case any owner of rea1 property assessed under this Ordinance sha11 fai1 to pay the w ho1e of such assessment agaLnst his property w ithin said thirty days, then the pro rata cost of said ~provements so assessed against his property 6 together w ith interest at the rate of six per cent (6 'J per annum on any unpaid ba1ance, sha11 be payab1e i...n five (5) equa1 annua1 insta1Lments , the first of wh ich insta1Lments o f principa1 and interest s ha11 be due and payab1e on or before January 1 , 1973 6 and the remainder of said insta11ments sha11 be due and payab1e successiv e1y on or before the 1st day of January in each year therea£ter unti1 said principa1 and interest are paid i...n fu11 - Fa i1ure to pay any insta11ment , whether of pri...ncipa1 or interest , when due sha..11 cause the who1e o f the unpaid pri..ncipa.1 to become due and paya.b1e Lmmed ia te1y, and the who1 e amount of the unpaid principa1 and accrued interest sha11 thereafter draw interest at the rate of one per centum (1 ') per month, or fraction of a month , unti1 the date of tax sa1e , as by 1aw provided, but at any tLme prior to the date o f the sa1e , any owner may pay the 8..Ln.Ount o f a11 unpaid i.nsta11.rnents with interest a t on e per centUJD (1') per month, or fraction of a month , upon a11 de1i...nquent insta11ments , and a1 1 pena1ties accrued , and sha11 thereupon be restored to the right thereafter t o pay in insta11ments in the same manner as if d efau1t had not been suffered. The owner of any property not in defau1t as to any insta11 - men t o r payment may, at any t~e , pay the who "le of the unpaid principa.1 with accrued i...nterest to the d .ate o f the ne.xt. assess~ent insta.11ment payment date. Payme nts may be made to the D irector o f Finance at any time within thirty (30 ) days after the fina1 pub1ication of this Ordinance_ Lmmediate1y after the expiration of such thirty -day period, said ass ess~ents sha11 be certified to the County Treasurer o f Arapaho e County, Co1orado, for co11ection, as provided by 1aw_ Section 4 _ That i.f any one or m o re sections o r pazts of this Ordinance sha11 be adjudged unenforceabl.e or inva1id , such judgment sha11 not affect, impair or i...nva1i.date the remaining provisions of this Ordinance, it be1ng the intention that the various provisions hereo f are severab1e- Section 5 -This Ordinance# after its final passage , shall be recorded ~n the City OrdLnance Book kept for that purpose , sha11 be authent~­ cated by the s1gnatures of the Mayor and City C1erk, and sha11 be pub1 ished in the ENG LEWOOD HERALD SENTINEL, a newspaper o f ge.nera1 circu1ation published i.n said C~ty , -ithin seven {7) days after its fina1 passage , and sha11 be and remain irrepea1ab1e unti1 the assessments hereby made sha11 be paid in fu11. Xntroduced, read in fu11 and passed on firs t reading day of February, 1972 - the 22nd Pub1ished as a Bi11 for an Ordinance on the 24th day o ~ February, 1 9 72. -- .......... - Attest: Ex Officio City Clerk I, Wi11iam L _ McDivitt, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bi11 for an Ordinance , Lntroduced, read in fu11 on the 22nd day of February, 1972 , and published in £u11 on the 24th day of February, 1972 . Ex Officio City Clerk -3 - • - 1 - • - - - Introduced as a. Bi..11 by Cou.nci..1ma.n ------------ A BILL FOR AN O RDJ:NA.NCE APPROVDi.IG THE WHO LE COST OF TRE IMPROVEM.E:NTS HADE IN AND FOR SI.DEWA.LK XMP.ROVE2ot.E:Nl' DISTRICT NO . 71 IN THE CXTY OF ENGLEWOOD , COLORADO; APPROVING AND CONFIRMING THE APPORriONMENT OF SAID COST TO EA.CH LOT O R TRACT OF LAND IN SAID DISTR..J:CT; ASSESSING A SHARE OF SAID COST AGA.INST EACH LOT OR T RACT OF LAND IN THE D ISTRICT; AND PRESCR..IBXNG THE MANNER O F COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, the City Counci1 of the City of Eng1ewood, Co1orado, pursuant to the Charter and O rdinance No. 14 , Series of 1965, of said City and the Laws of the State of Co1orado~ enacted Ordinance No. 20 ~ Series of 1971~ creating Sidewa1k Improvement D istrict No . 71~ and providing for the construct ion therein of sidewa1k Lmprovements; and WHEREAS~ the City Manager and Director of Finance advertised for bids to construct such improvements in three (3) consecutive week1y issues of the ENGLEWOOD HERALD SENTINEL; and WHEREAS, on August 9 , 1971 , the City Counci1 of the City of Eng1ewood , Co1orado, accepted the bid of Frank D eHaven Company in the a..rnou.nt of $1,4 93 .15 as the 1owest and best bid and author:i....z.ed the Mayo r and City C1 rk to execute c o ntract documents; and WHEBEAS, the construction of such improvements has been compLeted and the t.ota1 costs of such i...mprove.ments have been re1ia.b1y ascert.a..i...ned; and WHEREAS, a statement show ing the tota1 cost o f the improvements has been du1y fi1ed with the City Counci1; and WHEREAS, from the statement made and fi1ed w ith the City Counci1~ it appears that the who1e cost of said Lmprovements is the su~ of $2,397.76 , said amount inc1uding costs of inspection , co11ection and other incidenta1s and a1so inc1uding interest as a11owed by 1aw; and WHEREAS, from sa id statement it a1so appears that the City C ounci1 has apportioned a share of the said who1e cost to each 1ot or tract of 1and in said D istrict , in accordance with the benefits to be d e rived by said property and in the proport i ons and amounts severa11y set forth in a Reso - 1ution adopted by the City Counci1 on the 3rd day o f January, 1972, which Reso1ution is by reference made a part here of; and WHEREAS, Notice of a Pub1ic Hearing concerning the 1evying o f assessments on the rea1 property in the D istrict and upon this o r dinance has been pub1ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTINEL , a newspaper of genera1 circu1ation in the City, and, in addition, a c opy of the Notice has been mai1ed, postage prepaid, to each known owner of rea1 property within the Distr1ct , which Notice is by reference made a part hereof; and WHEREAS , at the time and p1ace specified in said Notice, the City Counci1 met in open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 ob jections a nd comp1aints having been du1y heard and considered , the Counci1 has determined that such objections shou1d be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS, on the 22nd day of February, 1972 , a B111 f or an Ord inance Approv Lng The Who1e Cost Of The Lmprovements Made In And For S1dewa1k Lmprove - ment D istrict No. 71 , In The City Of Eng1ewood , Co1orado; Approving And Con- firming The Apportionment Of Said Cost To Each Lot Or Tract Of La.nd In Sa id • • • T 32XI - • • • • D~strict; Assessing A Share Of Said Cost Against Each Lot Or Tract Of Land In The District; And Prescr~ing The Manner Of Co11ection And Payment Of Said Assessments , was introduced and was passed on first reading . NOW, THE.R.EFORE, BE IT OR..DAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as £o11ow.s: Section 1. That the who1e cost and apportionment of the same, set forth in said Resolution and Notice and as amended herein, is hereby approved and confirmed , and said apportion~ent is hereby declared to be in accordance with the benefi s which the property in said District wL11 receive by reason of the construction of said Lmprovements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and within the District in the proportions and amounts set forth Ln said Reso1ution and Notice . Section 2. That of the who1e cost of $2,397.76, the City of Eng1ewood wi11 pay $1,625.96, 1eaving a ba1ance of $771.80 to be assessed against the rea1 property Ln said District , in accordance with Reso1ution No. 1; Series of 1972. Section 3. That said assessments sha11 be due and payab1e at the Office of the Di...rector of Finance, without demand, within thirty (30) d .ays fro.m and after the fi..na1 pub1ication o£ this Ordinance _ In case any a-ner of rea1 property assessed under this Ordinance sha11 fai1 to pay the who1e of such assessment against his property within said thirty days , then the pro rata cost of said Lmprovements so assessed against his property, together w i.th interest at the rate o.f six per cent (6'' per a...n.num on any unpaid ba1ance , sha11 be payab1e in fi.ve (5) equa1 annua1 Lnsta..1Lments, the first of which i....nsta1l...me.nts of pr.i...ncipa.1 and interest sha11 be due and pa.ya..b1e on or before January 1, 1973 , and the remainder of said i..nst.a.11.ftlent& sh.a.11 be due and paya..b1e successive1y on or before the 1st day of January i.n each year thereafter unti1 said pri.ncipa1 and Lnterest are paid i..n fu11. Fai1ure to pay any i..nsta11.oJe.nt, whether of pri....ncipa1 or i.nterest, w hen due sha11 cause the who1e of the unpaid pri.ncipa..1 to beco.m.e due and pa.ya..b1e Lmmedi.ate1y, and the w ho1e amount of the unpaid princ:ipa..1 and accrued interest sha11 thereafter draw interest at the r ate of one per centum (1') per month, or fraction of a month, untL1 the date of tax sa1er as by 1aw provided, but at any tLme pr i or to the date of the sa1e , any owner may pay the amount of a11 unpaid i...nsta11ments wi th interest at one per centum (1') per month~ or fraction of a month, upon a11 de1inquent i...nsta11ments , a .nd a11 pena1ties accrued, and sha11 thereupon be restored to the right thexeafter to pay in i...nsta1Lments i...n the same manner as if defa u1t had not been suffered. The owner of any property not in defau1t as to any Lnsta..11- ment or payment may,. at any ti.me, pay the who~e of the unpaid pri.nci.pa1 with accrued interest to the date of the ne xt assessment i...nsta11ment payment date . Payments may be made to the Di..rect.o.r of F i..nan.ce at any time w ith.i..n. thirty (30) days after the fina1 pub1ica..tion of this OrdLnance. Immedi.ate1y after the expiration of such thirty-day period, said assess~ents sha11 be certified to the County Treasurer of Arapahoe County,. Co1orad o , for co11ecti..on , as provided by 1aw. Section 4. That if any one or more sect1ons or parts of this Ordinance s ha11 be adjudged unenforceab~e or i...nva1i..d, such judgment sha~1 not affect , i..mpaLr or inva1idate th• ram.inLng provisions o£ this OrdLna..nce , it being the intention that the vari..ous provisions hereof are severab1e. Section 5 . This OrdLnance , after its fi...na1 passage, sha11 be recorded Ln the City Ordinance Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and City C1erk , and sha11 be pub1i..shed i..n the ENGLEWCX>D HERALD SENTINEL, a newspaper of genera1 circu1ation pub1ished i..n said Ci.ty, within seven (7) days after its fi..na1 passage ,. and sha11 be and remain i..rrepea1a..b1e unti1 the assessments hereby made sha11 be paid i..n fu.11. Introduced ~ r~ad in fu11 and passed on fLrst read~q day of February, 1 9 72 • the 2 2n.d Pub1ished as a Bi11 for an Ordinance on t h e 2 4 th day o r Febr uary , 1972. -2 -M ayor • • • T 32X .......... • • Attest: Ex O fficio City C1erk X, Wi11iam L . McDivitt, do hereby certify that the above and foregoing is a true, accurate and comp1ete c opy of a Bi11 for an OrdLnance, introduced , read Ln fu11 on the 22nd day o f February, 1972 , and pub1ished in fu11 on the 24th day of February , 1972 _ Ex Officio City C1erk -3 - • • • • • • Introduced as a B111 by Councilman A BILL FOR AN O RDINANCE APPROVING THE WHO LE COST OF THE IMPROVEMENTS MADE IN AND FOR SXDEWALK 1MPROVEMENT DISTRICT NO. 71 IN THE CrrY OF ENGLEWCX>D, COLO RA.IX>: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAXD COST TO EACH LCYr O R TRACT OF LAND rN SAID DISTRICT; ASSESSING A S~ OF SAID COST A~S T EACH LOT OR T RACT OF LAND IN THE DISTRICT; AND PRE..SCR.IBXNG THE MANNER OF COLLEC'T'ION AND PAYMENT O F SA10 ASSESSMENTS. WHEREAS, the City Council of t h e City of Eng 1ewood, Colorado, pursuant to the Charter and OrdLn&nce No. 14 , Ser1es of 1965, of said City a.nd the Laws of the State of Col.orado, enacted O rdi.._na.nce No . 20 .-S eries of 1971 , creatLng Side-a1k Improvement Distr icc No . 71, and providing for the construct ion therein of sidewa1k ~provements; and WHEREAS, the City Manager and Director of Finance advertised for bids to construct such improvements in three (3) co~secutive -eek1y issues of the ENGLElooiOOD HERALD SENTINEL; and WHEREAS, on August 9 , 1971 , th C~ty Council. of the City of Eng1ewood, Co1orado , accepted th bid of Frank DeHaven Company in the amount of $1,4 93 .15 as the 1owest and best b~d and authorized the Mayor and City C1erk to execute contract document&; and WHEREAS, the construction of such i...mprovelnerlts ha.& been compl....eted a.nd the total. costs of such improvements have been rel.ia.b1y ascert.ai...ned; and WHE.REAS, a st.ate..ment shOW"i...ng the tota1 cost of the i...m.prove.ments ha s been d~y fi1ed with the City Counci1; and WHEREAS, from the statement made and fi1ed w ith the City Council., it appears that the who1e cost of said improvements i.._s the sum of $2,397.76, said amount 1nc1udi.._ng costs o f inspection, co1l.ection and other incidental.& and a1so incl.uding i.._nterest as a1l.owed by 1aw; and WHEREAS, from said statement ~t a1so appears that the City Counci.._l has apport~oned a share of the said who1e cost to each 1ot or tract of 1and i.._n sai.._d Distri.._ct , in accordance with the benefits to be deri.._ved by said property and i.._n the proportions and amounts severa11y set forth in a Reso- 1ution adopted by the City Cou.nci.._l. on the 3rd day of January; 1.972, which Reso1ution is by reference made a part hereof; and WHEREAS, Notice of a Pub1 ic Heari...ng concerni.._ng the 1evyi..ng of assessments on the rea1 property i..__n the D i.._strict and upon th.:is ordi.na.nce has been pub1ished once a week for three (3) weeks i.._n the ENGLEWOOD HERALD SENTINEL, a newspaper of general. circul.ation i.._n the City, and, in addition, a copy o f the Notice has been mai1ed, postage prepai.._d, to each known owner of rea1 property w 1th1.n the D~stri ct , which Not~ce is by reference made a part hereof; and WHEREAS, at the tLme and p1ace specified in said Noti.._ce, the Ci.._ty Counci1 met in open sessi.._on for the purpose of hearLng any objecti.._ons or protests that m~ght be made against said assessments; and WHEREAS, a11 objections and comp1aint& havi.._ng been du1y heard and considered , the Counci.._1 has determined that such objections shou1d be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS, on the 22nd day of February, 1972, a Bi11 for an Ordinanc e Approvi...ng The Whole Cost Of The Improvements Made 1.n. And For Sidew&1k Improve- ment District No. 71, In The City Of Eng1ewood, Colorado; ApprovLng And Con - firming The Apportionment O f Said Cost To Each Lot Or Tract Of Land In Said • • • T 32X - - - - - District; Ass ssing A Share Of Said Cos Against Each Lot Or Tract Of Land In The D~strict; And PrescrLbing Th Manner Of Co11ection And Payment Of Said Assessment s ~ was in roduced and was pass d on first read~9 - NOW~ THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O F ENGLEWOOD, COLORADO , as fo11ows: section 1 . That the who1e cost and apportionment of the same , set forth in said Reso1 ution and Notice and as amended herein, is hereby appr o v~d and confirmed , and said apportionment is hereby dec1ared to be Ln accordance with the benefits -hich the property Ln said D~strict wL11 receive by reason of the construction of said Lmprovements; and a share of said c o st is hereby assessed to and upon each 1o or tract of 1and within t h e District he proportions and amounts set forth in said Reso1utio n and Not i ce. Section 2. That of th -ho1e cost of $2~397.76. the City of Eng1cwood -i11 pay $1.625 .96 . 1eaving a ba1ance of $771 .80 to be assessed against the rea~ property in said D istrict . in accordance with Reso1ut i on No . ~. Series of 1972 . Section 3. That said assessment s sha11 be due and payab1 e at the Off ice of t h e Director of Finance . without demand. within thirty (30) days from and after the fLna1 pub1ication of this Ordinanc e . In case any owner of real. property assessed under this Ordinance sha11 fai1 to pay the who1e of such assessment against his property within said thirty days . then the pro rata cost of said improvements so assessed against his property , together with interest at the rate of six per cent (6'J per annum on any unpaid ba1ance , sha11 be payabl.e Ln five (5) equa1 annual. insta11ments , the first of which .:Lnsta1l....ments of principal. and interest s h.a11 be due and pa.yab1e on or before January 1 , 1 973 , and the remainder of said insta.1Lments sha11 be due and pay&b1e successivel.y on or before the 1st day of January in each year thereafter until. said principal. and interest are paid in fu11. Fai1ure to pay any insta11ment, whether o f principal. o r interest , w hen d u e sha11 cause the whol.e of the unpaid p ri...ncipal. to become due and paya.b1e Lmmediate1y , and the who1e amount of the unpaid principal. and accrued interest sha11 thereafter draw interest at the r ate of one per centum (1') per month , o r fraction of a month. until. the date of tax sal.e , as by law provided, but at any Une prior to the date of the sa1e, any owner ~ay pay the a...mou.nt o t: a11 unpai.~ 1...nsta~l.nlents with .:l.nterest at one ,per centum. (1') per month , or fraction of a month. upon a11 de1inqu.ent i.nst.a.11.ments . and al.l. pena1ties accrued , and sha11 thereupon be restored to the right thereafter to pay i..n ::Lnst:a11ments in the same manner as if defaul.t had not been suffered. The owner of any property no in defau1t as to any Lnsta11- ment or payment may , at any time , pay the who1 e of the u.npa.j_d pri.nci.pa1 w ith accrued interest to the date o f the ne xt assessment .:l.nsta11ment payment date . Payments may be made to the D irector of Finance at any t1me w ithin thirty (3 0) days after the fi.na1 public ation of t.hi.s Ord inance . 1mrned ia.te1y after the expirat ion of such thirty -day period, said assessm ents s h a11 be certifi.ed to the County Treasurer o f Arapahoe County, Colorad o , for co11ection . as prov1ded by 1aw. S ection 4. That if any one or m o re secti.ons or parts of thi.s Ordinance s hal.l. be adjudged unenforceable or inva1id . such judgment sha~1 not affect , ~pa1r or inva1::Ldate the remaining provisions of this OrdLnance, it be::Lng the intention that t he various provisions hereof are severable. Section 5 . This Ordinanc e , after i.ts final. passage , sha11 be recorded in the City Ordinan ce Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and City Cl.erk , and sha11 be published i...n the E NG.LEWOOD HERALD SENTINEL . a new spaper of general. circu1a.tion pub1ished in said City . within seven (7) days after its final passage . and sha11 be and remain irrepea1ab1e unti.1 the assessments hereby .mad e sha11 be paid i...n fu11. I ntroduced, read Ln f u 11 and passed o n f i r st r e ad Lng day o~ Febr uary. 1 972 . the 22nd. P u.b1j__s h.ed as a Bi1 1 fo r an O rdinanc e o n the 24 th day of Februa ry • 1972 . 2 -Mayor • -• r 32x • • • Attest: Ex Officio City C1erk x ~ Wi11iam L . McDivitt~ do hereby certify that the above and foregoLng is a true , accurate and comp1ete copy of a Bi11 for an Ordinance~ Lntroduced , read in £u11 on the 22nd day of February , 1972 , and pub1ished in fu11 on the 24th day of February, 1972_ Ex Officio City C1erk -3 - • • - • • • Introduced as a Bil..l.. by Counci.l..man A BILL FOR AN ORDINANCE APPROVING THE WHO I.E COST OF THE IMPROVEMENTS MADE :Z:N AND FOR SIDEWALK J:.MPROVEMEN"'" DISTRICT NO~ 71 IN THE CITY OF ENGLEWOOD , COLORADO; APPROVING AND CONFIRH..I:NG THE APPORTIONMENT OF SAID COST TO EA.CH LOT OR TRACT OF LAND IN SAID D ISTRICT; ASSESSING A SRA.RE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE D ISTRICT; AND PRESCRIBING THE MANNER O F COLLECTION AND PAYME:NT OF SAID ASSESSMENTS_ WHEREAS, the Ci.ty Cou.nci.l.. of the City of Englewood, Colorado, pursuant to the Charter and O rdLnance No. 14 , Series of 1965 , of said City and the Laws o£ the State o£ Colorado , enacted Ordinance No. 20 , Series of 1971 , creating Sidewa1k Improvement District No. 71 1 and providing for the construct ion therein of sidewa1k improvements; and WHEREAS, the City Manager and D irector of Finance advertised f o r bids to construct such improvements in three (3) consecutive w eek1y issues of the ENGL.E'W'OOD HERALD SENTINEL; and WHEREAS, on August 9 , 1971, the City Counci1 of the City of Eng1ewood, Colorado , accepted the bid of Frank D eHaven Company :i.n the a..mou.nt of $1,493.15 as the 1oW"est and best bi.d and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS~ the c o nstruction o£ such .iJnproveme.nts has been contp1.eted and the tota1 costs of such improvements have been re1i..a..b1y ascertained: and WHEREAS~ a. st.a.te.Jnent show:Lng the. tota1 cost of the i..mpro-vements has been du1y fi1ed wi..th the City Counci1: and WHEREAS, from the statement made and fi1ed with the City Counc L1 , it appears that the who1e cost o f said improvements is the ~ of $2,397.76, said amount Lnc1udLng costs of ~spection , co11ection and other incidental s and also including interest as a11owed by 1a.w; and WHEREAS, frcxn said statement it a.1so appears that the City Counci...l. has apportioned a. share of the said who1e cost to each 1ot o r tract of land in said Di strict ~ in accordance with the benefits to be derived by said property and in the proportions and amounts severa11y set forth in a Reso- lution adopted by the City Counci1 on the 3rd day of January, 1972, wh ich Resolution is by reference made a part hereof; and WHE.RE.AS ~ Notice of a Publ..ic Hearing c o nce.rn:Lng the 1evyi..ng of assessments on the real.. property Ln the District and upon this ordinance has been publ..i.shed once a wee.k for three (3) wee.ks i...n the ENGLEW'CX>D HERALD SENTINEL~ a newspaper of general.. ci....rc:u1ati.on i.n the City, and , ~ addition, a copy of the Not~ce has been mail..ed, postage prepaid , to each known owner of real.. property w1thi.n the Di.stri.ct, which Notice i.s by reference made a part hereof; and WHEREAS ~ at the tLme and p1ace specified in said Notice, the City Council met ~n open session for the purpose o£ hearing any obj ections or protests that might be made against said assessments ; and WHEREAS, a11 ob jections and complaints having been duly heard and considered, the Counci1 has determ..i....ne.d that such objections sh.ou1d be denied except as this Ordinance has accepted them and inco rporated h erein c hanges in said assessments based upon said obJections; and WHEREAS, on the 22nd day of February, 1972, a Bi11 for an Ordinance Approving The Who1 e Cost Of The Improvements Made In And For Sidewalk Lmprove- ment D istrict No_ 71, I.n The Ci.ty Of Eng1ewcx;,d, Colorado; Approving And Con- firming The Apportionment Of Sa.i.d Cost To Each Lot Or Tract Of Land Xn Said • • .......... • • • District ; Assessing A Share Of Said Cost Against Each Lot Or Tract Of Land In The D istrict; And PrescribUng The Manner Of Co11ection And Payment 0£ Said Assessments~ w as introduced and w as passed on first reading . NOW~ THEREFORE, BE IT O RDAINED BY THE CITY COUNCIL O F THE C7TY O F ENGLEWOOD . COLO~DD , as fo11ow s; Section 1. That the w hole cost and apport~onment of the same , set forth in said Reso1ution and Notice and as amended h erein , is h ereby approved and c on firmed ~ and said apportionment is hereby declared to be in accordance with the benefits wh ich the property in said District w il1 receive by reason of the construction of sa~d Lmprovements; and a share of said c o st is hereby assessed to and upon each 1ot or tract of 1and within the District in the proportions and amounts set forth in sa~d Reso1ution and Noti ce. Section 2. That of the whole cost of $2 ~397 _76 , the City of E ng1ewood wi11 pay $1 ~625 .96 , leav~ng a ba1ance of $771 .80 to be assessed a gainst the rea1 property in said D istrict . Ln accordance w ith Resolution No _ 1, Series of 1972. Section 3. That said assessments sha11 be due and payab1e at the O ffic e of the Director of FLnan ce ~ w i thout demand~ within thirty (30) days from and after the fina1 pub1ication of this Ordinance . In case any owner of rea1 property assessed under this Ordinance sha11 fail to pay the who1e of such assessment agaLnst his property within said thirty days~ then the pro rata cost of s aid ~provements so assessed against his property ~ together w ith interest at the r ate of six per cent (6'J per annum on any unpaid ba1ance ~ sha11 be payab1e in five (5) equal annua1 installments , the first of which instalLments of principal and Lnterest s ha11 be due and payab1e on or before January 1 , 1973 , and the remainder of said insta11ments sha11 be due and payab1e successive1y on or before the 1st day of January in each year thereafter unti1 said principal and interest are paid in fu11 - Fa i1ure to pay any insta11ment, whether of principa1 or interest ~ when due sha11 cause the whole of the unpaid princ ipal to become due and payab1e immediate1y , and the whol e amount of the unpaid principa1 and accrued interest sha11 thereAfter draw interest at the rate of one per centum (1') per month, or fra ction of a month, until the date of tax sa1e , as by 1aw provided, but at any time prior to the date of the sale ~ any owner may pay the amount o f a11 unpaid insta11~ents with interest at one per centun• (1') per month ~ or fraction of a month, upon a11 de1inquent insta11ments , and all pena1 ies accrued, and sha11 thereupon be restored to the right thereafter to pay in insta11ments in the same manner as if defau1t had not been suffered. The owner of any property not in d efault as to any Lnsta11 - ment or payment may , at any time ~ pay the who1e of the unpaid pr incipa1 with accrued interest to the date of the next assessment insta11ment payment date. Payments may be made to the D irector o f Finance at any time w ithin thirty (30) days after the fina1 pub1ication of this Ordinan ce . 7mmediate1 y after the expiration of such thirty-day period , said assessments sha11 be certifie d to the County Treasurer of Arapahoe County , Co1orado , for collection , as provided by law . Section 4 . That 1£ any one or mor e sections or parts of this Ordinance sha11 be adJudged unen£orceab1e or inva1id ~ such Judgment sha11 not affect , Lmpa~r or inva1idate the remaining provisions of this Ordinance , it be1ng the Lntention hat the various provisions hereof are severable. Section 5~ This Ordinance , after its fina1 passage , shall be recorded in the C~ty OrdLnance Book kept f or that purpose, sha11 be authenti- cated by the signatures of the Mayor and City Clerk ~ and sha11 be published in the ENGLEWOO D HE~ SENTINEL, a new spaper o£ genera1 circu1ation published in sa1d City ~ within seven (7) days after 1ts fina1 passage, and sha11 be and remain irrepealab1e until the assessments hereby made s ha11 be paid in f u11. Introduced , read in fu11 and passed on first reading the 22nd day of February, 1972. Pub1ished as a Bi11 for an OrdLnance on the 2 4 th day of February, 1972. • • - Attest: Ex Off~cio City C1erk x~ Wi11iam L -McDivitt~ do hereby certify that the above and foregoing is a true~ accurate and comp1ete copy of a Bi11 for an OrdLnance, introduc d , read in fu 11 on the 22nd day of February, 1972 , and pub1ished Ln £u11 on the 24th day of February , 1972~ Ex Officio City C1erk - • • • Introduced as a Bi11 by CounciLman A B:I:LL FOR AN ORDINANCE APP.ROV:I:NG THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK x.MPROVEM.ENT OISTRXCT NO. 71 IN THE CITY OF ENG.I....EWCX>D,. COLORADO; APPROVING AND CON.FIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR T RA.CT OF LAND IN SAID DIST~CT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MA._NNER OF COLLECTION AND PAYMENr OF SAID ASSESSMENTS_ WHEREAS, the City Counci1 of the City o£ Eng1ewood,. Colorado, pursuant to the Charter and Ordinance No . 14, Series of 1965, of said City and the Laws of the State of Colorado, ena cted Ordinance No. 20 , Series of 1971, creating Sidewalk Improve~ent District No. 71, and providing for the construct ion therein o£ sidewalk Unprovements; and WHEREAS,. the City Manage r and Director of Finance advertised for bids to construct such Lmprovements ~n three (3) consecutive week1y issues of the ENG.L.E~oo~CX>D HERALD SENriNEL; and WHEREAS~ on August 9 ~ 1971~ the City Council.. of the City of Engl..ewood, Co1orado, accepted the bid of Frank DeHaven Company in the amount of $1,493.15 as the 1o-est and best b~d and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS~ the construction of such ~prove~ents has been compLeted and the total.. costs of such improvements have been re1~ab1y ascertained; and WHEREAS~ a statement showing the total.. cost of the improvements has been du~y fi1ed with the City Counci1; and WHEREAS, from the statement made and fi1ed with the City Council.., it appears that the who1e cost of said improvements is the sum of $2~397.76, said amount Lncl..uding costs of Lnspection , co11ection and other incidental..& and al..so incl..uding interest as a11owed by 1aw; and WHEREAS, from said statement i..t a1so appears that the City Council.. has apportioned a share of the sa id whol..e cost to each l..ot or tract of l..and in sai..d Di strict ~ in accordance w ith the benefits to be derived by said property a.n.d 1.n the proportions and amounts severa11y set forth in a Reso - 1ution adopted by the City Counci..1 on the 3rd day of January, 1972 , which Resol..ution is by reference made a part hereof; and WHEREAS, Notice of a Publ..ic Heari..ng concerning the 1evyi..ng of assessments on the real.. property in the D istrict and upon this ordinance has been publ..ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTXNEL , a new spaper of general.. circul..ation in the City~ and, i..n addition, a copy of the Notice has been mail..ed, postage prepaid, to each known owner of real.. property within the District, which Notice is by reference made a pa r t h e reof; and WHEREAS, at the t~e and p1ace specified in said Notice, the City Council.. met in open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and compl..a.i..nts having been dul..y heard and considered , the Council.. has determined that such objections shou1d be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS, on the 22nd day of February, 1972, a Bi11 for an Ordinance Approving The Whol..e Cost Of The Lmprovements Made In And For Sidewa1k 1mprove- ment D istrict No_ 71, 1n The City Of Engl..ewood, Col..orado; Approving And Con - firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land In Said • • - • • ---- • D~str~ct; Assess~ng A Share Of Said Cost Against Each Lot Or Tract Of Land In The District; And PrescrLbLng The Manner Of Co11ection And Payment Of Said Assess~ents~ was introduced and was passed on first read~9- NOW~ THEREFORE ~ BE IT O RDAINED BY THE CITY COUNCIL OF THE CITY O F ENGLEWOOD~ COLORADO~ as fol.l.ows: Sect~on 1. That the whole cost and apportionment of the same~ set forth in said Resolution and Notice and as amended herein~ is hereby approved and c onfirmed~ and said apportionment is hereby declared to be ~ accordance with the benefits which the property in said District wL11 receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each l.ot or tract of land within the District in the proportions and amounts set forth in said Resol.ution and Notice. Section 2 . That of the whol e cost of $2~397.76~ the City of Engle wood will pay $1 ~625 .96~ leaving a balance of $771 .80 to be assessed against the real. property in said Distri ct ~ in accordance with Resolution No. 1 ~ Series of 1972. Section 3. That said assess~ents shall. be due and payable at the Office of the Director of F~ance~ without demand~ within thirty (30) days from and after the final. publication of this O rd i nance. In case any owner of real property assessed under this Ordinance sha11 fail. to pay the whole of such assessment against his property within said thirty days ~ then the pro rata cost of said Lmprovements so assessed against his property, together -ith interest at the rate of six per cent (6'1 per annum on any unpaid balance~ sha11 be payab1e in five (5) equal annual instal.Lments ~ the first of which instalLments of principal and interest sha11 be due and payable on or before January 1 ~ 1973 ~ and the remainder of said LnstalLments sha11 be due and payab1e successively on or before the 1st day of January in each year thereafter until said pr.i..ncipal. and interest are paid in fu11. Fa ilure to pay any .i..nsta11ment~ whether of pr:Lnci.pa.1 or i...nterest~ when due sh.a.11 cause the who1e of the unpaid principal. to become due and paya.bl.e ~mmediately ~ a .nd the whol.e amount of the unpaid prLncipa1 and accrued interest sha11 thereafter draw interest at the rate of one per centum (1') per month~ or fraction of a month ~ unti.1 the date of tax sale~ as by law provided~ but at any tLme prior to the date of the sale , any owner may pay the amount of a11 unpaid i.nsta11m.ents with interest at one per centum (1!L) per month~ or fraction of a month~ upon all de1inquent i.nsta11nlents~ and all. penalties accrued, and shall. thereupon be restored to the right thereafter to pay in insta11ments in the same manner as if default had not been suffered. The owner of any property not in defau1t as to any install - ment or payment may ~ at any ti..me ~ pay the whole of the unpaid principal with accrued interest to the date of the ne xt assessment instalLment payment date. Payments may be made to the D irector of Finance at any time within thirty (30) days after the final publication of this Ordinance . Immediatel.y after the expiration of such thirty -day period ~ sai.d assessments shall be certified to the County Treasurer of Arapahoe County~ Colorado~ for co11ection ~ as provi.ded by law. Section 4 . That if any one or more secti.ons or parts of this Ord inance sha11 be ad~udged unen£orceab1e or invalid~ such judgment sha11 not affect~ .i..Jn_pai..r or i..nva..1i.da.te the rern&Lning provis.1.ona of this Ordi.n..a.nce ,. i.t bei.ng th intention that the various provis.1.ons hereof are severab1e. Secti.on 5 . This Or dinanc e ~ after its final. passage~ sha11 be recorded Ln the City O rdLnance Book kept for that purpose~ sha11 be authent1- cated by the signatures of the Mayor and City Cl.erk~ and sha11 be pub1ished in the ENGLEWOOD HERALD SENTINEL~ a newspaper of genera1 circulation published in said City ~ with1n seven (7) days after its fLna1 passage~ and shall be and remain irrepea1ab1e until. the assessments hereby made sha11 be paid in ful.l. Introduced~ read in full. and passed on first reading day of February~ 1972. the 22nd Pub1ished as a Bi11 for an Ordinance on the 24th day o £ Febru.ary~ 1972. -2 -M ayor • • • - - - Attest: Ex Officio C~ty C1erk X, W111iam L . McDivitt, do hereby certify tnat the above and foregoLng is a true , accurate and comp1ete c opy of a Bi11 for an Ordinance , Lntroduced , read in £u11 on the 22nd day of February, 1972, and pub1ished in fu11 on the 24th day of February , 1972. Ex Officio City C1erk -3 - • - r 32x - • • • • Introduced as a Bi11 by Councilman A BXLL FOR AN O ROINA.NCE APPROVING THE WHOLE COST OF THE ZMPROVEMENrS MADE IN AND FOR S.X.DEWA.LK IMPROVEMENT DISTRICT NO. 71. IN THE C:ITY OF ENGLEWOOD, COLORA-IX>; APPROVING AND CON.FIRM.ING THE APPORTXONMENT OF SAID COST TO EACH LO"'' OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A S~ OF SAID COST AGAX:NST EACH LOT OR TRACT OF LAND IN T HE DISTRICT; A.ND PRESCRIBING THE MANNER OF COLLECTXON AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, the City Council. o£ the City of Engl.e-ood, Colorado , pursuant to the Charter and Ordinance No. 14 , Series of 1965, of said City and the Laws of the State of Co1orado~ enacted Ordinance No. 20 ~ Series of 1971 ~ creatLng Sidewalk Lmprovement District No. 71~ and providing for the construct ion therein of sidewalk improvements; and WHEREAS~ the City Manager and Director of Fina~ce advertised for bids to construct such improvements in three (3) consecutive weekly issues of the ENG.LEWOOD HERALD SENTINEL; and WHEREAS~ on August 9 . 1 971 , the C~ty Counci1 of the City of Englewood, Colorado, accepted the bid of Prank .DeHaven Company in the amount of $1 ,493 .15 as the 1owest and best bid and authorized the Mayor and City Clerk to execute contract documents; and WHEREAS, the construction of such .:Lm.provetnent& has been comp1.eted a..nd the tota.~ costs o f such i..mprovement.s have been reliably ascertained; and WHEREAS, a stat.ezne.nt showing the tota1 cost of the i..mprove~ne..nts has been du1y filed wi.th the City Counci1; and WHEREAS, from the statement made a.nd fi1ed with the City Counci.1 , i.t appears that the whole cost of said i.mprovements is the sum of $2,397.76, said amount including costs of Lnspection , co11ecti.on and other incidentals and also i.nc1uding interest as a11owed by 1aw; and WHEREAS, from said statement it a.1so appears that the City Counci...1 has apportioned a share of the said who1e cost to each lot or tract of 1a.nd in said Distri.ct, in accordance with the benefits to be derived by said property and in the proportions and amounts severa11y set forth in a Reso- lution adopted by the City Council on the 3rd day of January, 1972, which Resolution is by reference made a part hereof; and WHEREAS, Notice of a Pub1ic Hearing concerning the 1evy1ng of assessments on the rea1 property :Ln the Di.strict and upon this ordi._nance has b~en pub1i.shed once a week for three (3) weeks in the ENGLEWOOD HERALD SEN'TINEL. a newspaper of genera1 circu.l..ati.on in the Ci.ty, and, ;L.n addition~ a copy of the Notice has been ma11ed, postage prepaid , to each known owner of real property w ithi.n the District, wh~ch Notice is by reference made a part hereof; a nd WHEREAS, at the tLme and place specified i.n said Notice~ the City Council met 1n open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and complaints having been duly heard and considered ~ the Counci.1 has determined that such objections should be denied e xcept as this Ordinance has accepted them and :Lncorporated herein changes in said assessments based upon said ob jecti.ons; and WHEREAS, on the 22nd day of February , 1972, a 8111 for an OrdLnance Approving The Whol e Cost Of The Lmprovements Made In And For Sidewalk Improve- ment District No . 71 , In The City Of Englewood, Col.orado; Approving And Con- firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land In Said • • • r 32 x - • • • • District ; AssessLng A Share Of sa~d Cost Again st Each Lot Or Tract Of Land In The District; And Prescribing The Manner Of Co11ection And Payment Of Said Asses s~ents , was introduced and was passed on first reading _ NOW,. TRE.R.EFORE , BE IT O R..DAINED BY THE C.XTY COUNCIL OF THE CITY O F ENGLEWOOD, COLO RADO, as fo11ows: Section 1. That the who1e cost and apportionment of the same, set Forth in said Reso1uti.on and Notice and as amended herein , is hereby approved and c onfirmed, and said apportionment is hereby dec1ared to be in accordance with the benefits which the property in said District wL11 receive by reason of the cons ruction of said Lmprovements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and within the District in the proportions and amounts set forth in said Reso1ution and Not i ce. Sect1on 2. That of the -ho1e cost of $2,397 .76, the C1ty of Eng 1e-ood will pay $1,625.96 , 1eav1ng a balance of $771.90 t o be assessed against the rea1 property in said District, in accordance w1th Resolution No. 1, Series of 1 9 72. Section 3. That said assessments sha11 be due and payable at the Office of the Director of Finance, without d emand , within thirty (30) days from and after the fLna1 publication of this Ordinance. In case any owner of real property assessed under this Ordinance sha11 fai1 to pay the who1e of such assess~ent against hi& property within said thirty days, then the pro rata cost of said improvements so assessed against his property , toqether with Lnterest at the rate of six per cent (6 1 per a..n..num on any unpaid balance , sha11 be payable in five (5) equa1 annua1 Ln&ta1Lments , the first of which insta11ments of principal and interest sha11 be due and payable on or before January 1 , 1973, and the re.nai.nder of said i.nsta_11.me:nts sha11 be due and pay&b1e successive1y on or before the 1st day of January in each year thereafter unti1 said principa1 and interest are paid in fu11. Pa i1ure to pay any instalLment , whether of principal or interest , when due sha.11 cause the whole o f the unpaid pri.ncipa1 to become due and paya.b1e Lmmediate1y, and the w ho1e amount of the unpaid principal and accrued interest sha11 thereafter draw interest at the rate of one per centum (1 ') per month, or fraction of a month, unti1 the date of tax sa1e, as by law provided, but at any tLme prior to the date of the sa1e, any o wner may pay the amount of al..1 unpaid i..nsta.11.m.ents wi.th interest at on e per centum (1') per month , or fraction of a month , upon a11 del..Lnquent instal..Lments , and a11 penalties accrued, and sha11 thereupon be restored to the right thereafter to pay in i.nsta11ments in the same manner as i.f defau1t had not been suffered . The owner of any property not i.n default as to any install- ment or payment may, at any t:i.m.e , pay the who1e of the unpaid principal.. with accrued interest to the date of the next assessment i..nsta1Lment payment date . Payments may be made to the Director of Finance at any tLme w ithin thirty (3 0) days after the final publication of this Ordinance_ Immediately after the expiration of such thirty-day period, said assess~ents s~l be certi.fi.ed to the County Treasurer o f Arapaho e County , Colorado , for co11ecti.on , as provided by l..aw . Section 4. That 1f any one or more sections or parts of this O rd~nance sha11 be adjudqed unen£orceab1e or inva1id , such judgment sha11 not affect , impa~r or ~nva1i.date the remaining provLsi.ons of this OrdLnance, 1t be1ng the intention that the various provi.si.ons hereof are severabl..e. Section 5 . This OrdLnance , after its fLnal.. passa9e, sha11 be recorded i.n the City O rdLnance Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and Ci.ty Cl..erk , and shall be pub1ished in the ENGLEWOOD HERALD SENTINEL , a newspaper of genera1 circul..ati.on publ..i.shed in said City , within seven (7) days after its fi.nal passage , and sha11 be and remain irrepeal..abl..e until.. the assess~ents hereby ma d e sha11 be paid i..n. ful..l. Introduced , read i.n fu11 and passed on first reading day of February , 1972 _ the 22nd Published as a Bi11 for an Ordinance on the 2 4 th day o f February, 1972. 2 -Mayor • • r • • • • Attest: Ex O fficio City C1erk I ~ Wi11iam L . McDivitt, do hereby certify that the above and foregoing is a true ~ accurate and comp1ete copy of a Bi11 for an O rd Lnance ~ introduced ~ read in fu11 on the 22nd day of February, 1972 , and pub1ished ~n fu11 on the 24th day of February, 1972. E x Officio City C1erk -3 - • • • r • Intxoduced as a Bi11 by Counci1man A BXLL FOR AN ORDINA.NCE APPROVING THE WHOLE COST OF THE I.MPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 71. IN THE CITY OF ENGLEWOOD, COLORAIXl; APPROVING AND CON'FIRM.ING THE APPORTIONMENT OF SAJ:.D COST TO EACH LOT OR TRACT OF LA.ND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE H}tLNNER OF COLLEC'TXON AND PAY.HENT OF SAID ASSESSMENTS. WHEREAS, the City Council. of th Ci..ty of Engl-e~, Col.o.rado, pursuant to the Charter and Ordinance No. 1.4, Seri..es of 1965 , of said Ci..ty and the Laws of the State of Col.orado, enac ted O rdLnance No. 20, Series of 1.971 , creatLng Sidewalk Improvement District No. 71., and provi..dLng for the construct ion therein of sidewa1.k Lmprovements; and WHEREAS, the Ci.ty Manager and D i...rect.or of Fi...nance advertised for bids to construct such ~provements Ln three (3) consecutive weekl.y issues of the ENGLEWOOD HERALD SENTINEL; a..nd WHEREAS, on August 9 , 1971, the C~ty council. of the C~ty of Eng1ewood, Col-orado, accepted the bid of Frank DeHaven Company ~ the a..mc:>unt of Sl. ,4 93.15 a..s the l.ow-est and best b:i.d and authorized the Mayo r and City Cl.erk to execute contract documents; and WHEREAS., the construction of such i..m.provernents ha...s been compLeted a.nd the total. costs of such i..mprove.me..nt:..s have been rel..i...a.bl.y ascert..ai.ned; and WHEREAS, a st.at.etnent showi..ng the total. cost of the i.mp.rovetnents has been du..1y f:i.l.ed wi.th the C i.ty Counc il.; and WHEREAS., from the st.atem.e.nt made and fil.ed with the City Council., it appears that the wbol.e cost of sai..d improvements i..s the sum. of S 2., 397. 76, said amount incl.udi.ng cost& of inspection ., col.l.ecti..on and other i.nci..dental.s and al.so i..ncl.udi.ng interest as al.l.owed by l.aw; and WHE.REAS, from sa.i..d statement it al.so appears that the City Counci.....l. has apportioned a share of the said whol.e cost to each l.ot or tract of l.and in said District., in accordance w ith the benefits to be derived by said property and in the proportions and amounts several.l.y set f orth in a Reso- l.ution adopted by the City Council. on the 3rd day o f January, 1.972 , which Resol.uti.on is by reference made a part hereof; and WHEREAS , Notice of a Publ.i.c Hearing concerning the l.evyi.ng of assessments on the real. property i.n the Distr.i.ct and u_pon this ordinance has been publ.ished once a week for three (3) weeks i..n the ENGLEWOOD HERALD SENTINEL , a newspaper of general. circul.ation in the City., and , in addition, a copy of the Notice has been mai1ed, postage prepaid# to each known owner of real. property within the Distr.i.ct # which Notice is by reference made a part hereof; and WHEREAS , at the tLme and pl.ace specified in saLd Not.i.ce~ the City Counci1 met Ln open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and compl.aints having been dul.y heard and considered , the Counci1 has determined that such objections shou1d be denied except as this Ordinance has accepted them and incorporated here.i.n changes in said assessments based upon said objections; &nd WHEREAS, on the 22nd day of February, 1972, a Bi1l. for an Ordinance Approving The Who1e Cost Of The Improvements Made In And For Sidewa1k Improve- ment District No. 71, In The City Of Engl.ewood, Col-orado; Approving And Con- firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land :rn Said • .. - - - - - District 0 Assessing A Share 0£ Said Cost Against E ach Lot Or Tract Of Land In The District; And PrescrLbing The Manner Of Co11ection And Payment Of Said Assessm nts~ was introduced and w as passed on first reading . NOW~ THEREFORE ~ BE IT O R..DA.INED BY THE CITY COUNCIL O F THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1 . That the whole cost and apportionment of the same , set forth in said Resolution and Notice and as amended herein , is hereby approved a _nd c onfirmed , and sai.d apporti.orunent i.s hereby declared to be .:in accordance with the benefits w hich the property in said D istrict will receive by reason o f the construction of said Lmprovements; and a share of said c o st is hereby assessed to and upon each lot or tract o f land within the District .:in the proportio ns and amounts set forth in said Resolution and Not ~ce. Section 2 . That of the whole cost of $2,397.76 , the City of Englewood wi11 pay $1,625.96, leaving a ba1ance of $771.80 to be assessed against the real property in said D istrict, in accordance with Reso1ution No . 1 , Series of 1 97 2. Section 3 . That said assessments sha11 be due and payable at the Office of the Director o£ Finance , without demand~ w ithin thirty (30) days from and after the final publication of this Ordinance . Xn case any owner of real property assessed under this Ordinance sha1 1 fail. to pay the whol.e of such assessment against his pro perty wi thin said thirty days, then the pro rata cost o f s aid ~provements so assessed against his property, together w ith :i.nterest at the rate o f six per cent (6'-; per annum on any unpaid balance , sha11 be payab1e in five (5) equal. annual instalLments, the first of which in.sta11Inents of principal. and interest sha..11 be due and pa.ya.bl.e on or before January 1 , 1973, and the remainder of said Lnstal.l.ments sha11 be due and payable successively on or before the 1st day of January i..n each year thereafter until. said principal. and interest are paid in fu11. Failure to pay any i.nsta11ment, whether of principal. or interest, when due sha11 cause the whol.e of the unpaid principa l. to become due and payable Lmmediate1y , and the whol.e amount of the unpaid principal. and accrued interest sha11 thereafter draw interest at the r ate of one per centum (1•> p er month, or fraction of a month, until. the date of tax sa1e , as by 1aw provided, but at any tLme prior t o the date of the sa1e, any owner may pay t:he amount of a11 unpaid i.n.sta11..ments -ith interest at on e per centum (1 ') per month, or fraction of a month, upon a11 d e 1inquent insta11ments, and a11 pena1ties accrued, and sha1 1 thereupon be restored to the right thereafter to pay in insta11ments in the same manner as if default had not been suffered . The owner of any property not ~n default as to any Lnsta11- ment:. or payment may, at any time , pay the whole of the unpaid principal with accrued interest to the date of the n e xt assessment instalLment payment date. Payments may be made to the Directo r of Finance at any time within thirty (30) days after the final. publication of this Ordinance . Immediately after the expiration of such thirty-day period , said assessments sha11 be certified to the County Treasurer of Arapahoe County, Colorado , for co11ection , as provided by law . Section 4. That if any one or mor e sections or parts of this Ordinance sha11 be a d judged unenforceab1e or invalid, such judgment sha11 not affect , impaLr or inval idate the remaining provisions of this O rdLnance, it being the intention that the various provisions hereof are severable . Section S . This Ordinance , after its final passage~ shall. be recorded i.n. the City Ordinan ce Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and City C1erk , and sha11 be published in the ENGLEW'OOD HE~D SENTINEL, a newspaper o f general circulation published in said City , within seven (7) days after its fina1 passage , and sha11 be and remain irrepealable until. the assessments hereby made sha11 be paid in fu11 . Introduced , read in day of February , 1 97 2. Published as a Bi11 1 9 72. fu11 and passed on first reading the 22nd for an Ordinance on the 24th day o f February, -2 -Mayor • • - '32x • • • • Attest: Ex Officio City Clerk I, Wi11iam L . McDivitt, do hereby certify that the above and foregoing is a true, accurate and comp1ete copy of a Bi11 for an Ordinance, introduced , read in fu11 on the 22nd day of February, 1972, and published in fu11 on the 24th day of February, 1972. Ex Officio City C1erk -3 - • • • • • • • Introduced as a Bi~1 by Counci1man A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT OISTRI:CT NO _ 71 IN THE CITY OF ENGLEWOOD, COLORAIX>; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT O F LA..ND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGA-INST EACH LOT OR T RACT OF LAND IN THE DISTRICT; AND PRESCR..l:BING THE MANNER OF COLLECTION AND PAYMENT O F SAID ASSESSMENTS. WHEREAS, the City Counci1 of the City of Eng1ewood_, Co1orado, pursuant to the Charter and OrdLnance No . 14, Series of 1965, of said City and the La-s of the State of Co1orado, enacted Ordinance No. 20, Series of 1971 , creating Sidewa1k Improvement District No. 71 , and providing for the construct ion therein of sidewa1k Lmprovements; and WHEREAS, the City Manager and D irector of Finance advertised for bids to construct such Lmprove~ents in three (3) consecutive weekly issues of the E .NGLE'Wcx:>D HERALD SENTINEL; and WHEREAS . on August 9, 1971 ~ the City Council. of the City of Eng1ewood~ Co1orado, accepted the bid of Frank DeHaven Company in the amount of S1,4 93 .1S as the 1o-est and best bid and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS, the construction of such ~provements has been completed and the total. costs of such improvements have been re1iab1y ascertained; and WHEREAS, a statement showing the total. cost of the improvements ha_s been du1y fi1ed with the City Council.; a..nd WHEREAS, from the statement made and fi1ed with the City Council., it appears that the whole cost of said improvements is the sum of S2 ,397 .76 , said amount inc1uding costs of inspection , co11ection and other incidenta1s and a1so inc1uding interest as a11o-ed by 1aw; and WHEREAS, from said statement it a1so appears th.at the City Council has apportioned a share of the said who1e cost to each 1ot or tract of 1and in said District . in accordance with the benefits to be derived by said property and in the proportions and amounts severa11y set forth in a Reso- 1ution adopted by the City Council on the 3rd day of January, 1972. wh ich Resolution is by reference made a part hereof; a~d WHEREAS, Notice of a Pub1ic Hearing concerning the 1evyi.ng of assessments on the real. property in the D .i..strict and upon this ordi..nance has been pub1ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTINEL , a newspaper of general. circulation in the City. and , in addition ~ a copy of the Notice has been mai1ed , postage prepaid, to each kn.own o-ner of real property within the District. which Notice is by reference made a pa.rt hereof; and WHEREAS, at the time and p1ace specified in said Notice . the City Council met in open session for the purpose of hearing any objections or protests that m.i..ght be made against said assessments; and WHEREAS, a11 objections and complaints having been duly heard and considered, the Council has determined that such objections should be denied except as this Ordinance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHEREAS, on the 22nd day of February. 1972, a Bi11 for an Ordinance Approving The Who1e Cost Of The Lmprovements Made In And For Sidewalk Improve- ment District No. 71, In The Cit~· Of Englewood, Colorado; Approving And Con - firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land In Said • • T 32 X II • • • • District; AssessLng A Share Of Sa~d Cost Again st Each Lot Or Tract Of Land ~n The District; And PrescrLbing The Manner Of Co1~ection And Payment Of Sa1d Assessments, wa s introduced and wa s passed on first reading. NOW , T HEREFO RE, BE rr O R..DA.INED BY TfiE CITY COUNCIL O F THE CITY O F ENG LEWcx:>D, COLO RA [X). as £o.11o""'s: Section 1. That the who1e cost and apportionment of the same , set forth in said Re s o1 ution and Not1ce and as amended herein , is hereby approved and confirm ed , and said apportionment is hereby dec1ared to be in accordance with the benefits wh ich the property in said District wL11 receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and within the District in the proportions and amounts set forth in said Reso1ution and Not i ce . Section 2 . That of the who1 e cost of $2~3 9 7.76, the City of Eng1ewood w i11 pay $1,625.96, l.eav~g a ba1ance of $7 7 1.80 to be assessed against the real. property in said Distr i ct , in accordance with Reso1ution No. 1 , Series of 1972 . Section 3 . That said assessments sha11 be due and payahl.e at the Office of the Director of Finance, without demand~ within thirty (30) days from and after the final.. publ.ication of this O rd inance. In case any owner of real. property assessed under this Ordinance sha11 fai1 to pay the who1e of such assessment agaLnst his property within said thirty days , then the pro rata cost of said Lmprovements so assessed against his property, together w ith interest at the rate of six per cent (6 %J per annum on any unpaid ba1a..nce .. sha11 be paya.b1e in five (5) equal. a.n.nu.a1 i..nstal.l..ments, the first of which insta1Lments of principal. and interest sha11 be due and payabl.e on or before January 1 , 1973 ~ and the remainder of said insta11ments shal.l. be due and payab1e successivel.y on or before the l.st day of January in each year thereafter unti1 said principal.. and interest are paid in fu11. Fail.ure to pay any insta1Lment , whether of principal.. or interest ~ w hen due sha11 cause the who1e of the unpaid principal. to become due and payab1e i.nunedi.ate1y, and the who1 e amount of the unpaid principal. and accrued interest sh.a11 therea.fter draw interest at th.e rate o£ one per centum (1') per month, or fraction of a month, unti~ the date of tax sale , as by 1aw provided, but at any time prior to the date of the sa1e, any owner may pay the amount of a11 unpaid i.nsta11.m.e.nts with interest at on e per centum (1'-) per month , or fra.ct.i..on of a month, upon a11 de1i._nque.nt i.nsta.11ments , and a11 pena1ties accrued , and sha11 thereupon be restored to the right thereafter to pay i.n ~nsta1Lments in the same manne r as if defau1t had not been suffered . The owner of any property not in defau1t as to any insta11 - me.nt or payment may, at any time .. ,pay the who1e of the unpai._d principal.. with accrued interest to the date of the next assessment insta11ment payment date. Payments may be made to the Director of Finance at any t~e within thirty (30) days after the fLna1 publ.ication of this Ordinance. Xmmed~ate1y after the expiration of such thirty-day period , said assessments shall. be certified to the County Treasurer o£ Arapahoe County , Col.orado , for coll.ecti.on , as provided by 1aw_ Section 4 . That if any one or more sec tions or parts of th~s O rdinance sha 11 be adjudged u.nenforceab1e or inval.id, such judgment sha11 not affect , Lmpair or invalidate the remaining provisions of this Ordinance , it be~ng the ~ntention that the various p ~ovisions hereof are sever~1e_ Section 5 . This Ordinance , after its £ina1 passage , sha11 be record ed in the City Ordi.nance Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and City C1erk , and shal.l. be pub1ished in the ENGLEWOOD HERA.LD SENTINEL , a new spaper of general. ci:rcu1ation pub1ished in said City~ within s even (7 ) days after its final passage, and sha11 be and remain i rrepea1ab1e unti.l. the assessments hereby made sha11 be pai.d in fu11. day of 1972. Introduced, read in February , 1972 . Published as a Bi11 fu11 and passed on first reading the 22nd for an Ordinance on the 24th day o f February, -2 -Mayor • • • ,32X • • • • Attest: Ex Officio City C1erk I ~ Wi11iam L . McDivitt ~ do hereby certify that the &bove and foregoLng is a true , accurate and comp1ete copy of a Bi11 for an OrdLnance, ~traduced , read in £u11 on the 22nd day of February, 1972, and pub1ished in fu11 on the 24th day of February, 1972. Ex Offic10 City C1erk -3 - • • • - - - - Introduced as a Bi11 by CounciLman A BILL FOR AN ORDINANC E APPROVING THE WHO LE COST O F THE IMPROVEMENTS MADE IN AND FOR SXDEWALX I MP.ROV~NT D.J:STR.ICT NO. 71 IN THE CXTY OF ENGLEWCX>D, COLORAIX>; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LCYr O R TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND XN THE OISTR.1CT; AND PRESCR.J:BING THE MANNER OF COLLECTION AND PAYMENT OF SArD ASSESSMENTS. WHEREAS, the City Counci1 of the City of Eng1ewood, Co1orado, pursuant to the Charter and O rdLnance No. 14, Series of 1965, of said City and the La-s of the State of Co1orado, enacted Ordinance No. 20 , Series of 1971, creatLng Side-a1k :r.~prove~ent District No. 71, and providing for the construct ion there1n of s~de-a1k Lmprovements; and WHEREAS, the City Manager and Director of Finance advertised ~or bids to conatruct such ~provementa Ln three (3) consecutive weekl.y issues of the ENGLEWOOD HERA.LD SENT:t.NEL; and WHEREAS, on Augu_st 9 , 1971., the City Council. of. the Ci..ty of Engl.ewood, Co1orado, accepted the bid of Frank DeHaven Co~pany Ln the amount of $1.,4 93.1.5 as the l.owest and best bi..d and authori..zed the Mayo r and City Cl.erk to execute contract documents; and WHEREAS, the construction of such i...mprove~e.nt.s hAs been com.pLet.ed and the tot.a1 costs of such i..Jnprovem.ents have been rel.ia.bl.y ascertained; and WHEREAS, a statement show-i...ng the total. cost of the i...mprove.ments has been dul.y fi..l.ed with the City Council.; and WHEREAS , fro~ the statement made and fil.ed with the City Cou..n.ci..l., it appears that the whol.e cost of sai..d improvements i..s the sum of $2 ,397.76, said a.mount J...n.cl.u.ding costs of inspection, col.l.ection and other i.ncidental..s and al.so i._ncl.uding interest as al.l.owed by l.aw; and WHEREA-S, frocn said st.atem.ent it al.so appears that the City Counci..l. hAs apportioned a share of the said whol.e cost to each l.ot or tract of l..and i..n said Distr ict , in accordance with the benefits to be deri..ved by said property and in the proportions and amounts several.l.y set f o rth in a Reso- l..ution adopted by the City Council. on the 3rd day of January , 1972 , which Reso1ution i..s by reference made a part hereof; and WHEREAS , Notice of a Publ.ic Hear ing concerning the l.evying of assessments on the real. property in the District and upon this ordinance has been publ.ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTINEL, a newspaper of general. ci..rcul.ation Ln the City, and, in addition, a copy of the Notice has been mail.ed , postage prepaid, to each known owner of real. property with~ the Distri..ct, wh1ch Notice is by reference made a part hereof; and WHEREAS, at the tLme and pl.ace specif~ed Ln said Noti..ce , the City Council. ~et 1n open session for the purpose of hearing any objections or protests that might be made against said assessments; and WHEREAS, a11 objections and comp1ai..nts having been du1y heard and considered, the Counci1 has determined that such objections shou1d be denied except as th1s OrdLnance has accepted them and incorporated herei..n changes in said assessments based upon said objections; and WHEREAS, on the 22nd day of February , 1972, a Bi11 for an Ordinance ApprovLng The Whol.e Cost Of The Improvements Made Ln And For Sidew al.k Improve- ~ent Di..strict No. 71, In The City Of Engl.ewoodr Col.orado; Appro vi._ng And Con - firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land In Said -- - - - - District; AssessLng A Share Of SaLd Cost Against Each Lot Or Tract Of Land 1.n The Di..st..ri.ct; And Prescribing The Ma..nner Of Co~1ecti.on And Payment Of Said Assessments, was Lntroduced and was passed on first readLng_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O F ENGLEWc:x:JD,. COLC>RADO,. as fo11ows: Sect:i.on "l. That the who1e cost and a.pport1..o.runent of the same, set forth in said Reso1uti.on and Notice and as amended herei..n, i.s hereby approved and confirmed, and said apportionment is hereby dec1ared to be i..n accordance with the benefits which the property i.n said District wi11 receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each 1ot or tract of 1and wi.thLn the District i..n the proportions and amounts set forth in said Reso1uti.on and Not1ce. Section 2. That of the whol.e cost of $2,397.76, the City of Engl.ewood wil.l. pay $1,625.96, 1eaving a bal.ance of $771.80 to be assessed against the real. property in said District, in accordance with Resol.ution No . 1, Series of 1 9 72. Sect~on 3. That said assessments shal.l. be due and payabl-e at the Office of the Director of Finance , without demand, -~thin thirty (30) days from and after the final. pub1ication of this Ordinance. 1n case any owner of real. property assessed under this Ordinance sha11 fail. to pay the whol.e of such assessment against his p .ropert::y within said thirty days, then the pro ra a cost of said improvements so assessed against his property, together with interest at the rate of six per cent (6'1 per annum on any unpaid bal.ance, sha11 be payab1e in five (5) equal. annual. insta11ments, the first of which i.nstal.1ments of principal. and interest sha11 be due and payabl.e on or before January 1 , 1973, and the remainder of said instal.l.ments shal.l. be due and payabl.e successivel.y on or before the 1st day of January in each year therea£ter until. said principal. and interest are paid in ful.1. Fail.u.re to pay any i.nstal.l.zne.nt, whether o£ principal. or interest, when due sha11 cause the who1e of the unpaid principal. to become due and paya.bl.e ~diatel.y, and the who1e amount of the unpaid principal. and accrued interest shal.l. thereafter draw interest at the rate of one per centum (1') par month, or fraction of a month, until. the date of tax sal.e, as by l.aw provided, but at any tLme prior to the date of the sal.e, any owner may pay the &JnOunt or al.~ unpaid i.nsta~1..me..nts with i..nterest at one _per centum. (1') per month , or fraction of a month, upon a11 del.inquent insta1Lments, and a11 penal.ties accrued , and shal.1 thereupon be restored to the right thereafter to pay in instal.l.ments in ~e same manner as if defaul.t had not been suffered. The owner of any property not in defaul.t as to any instal.l.- ment or payment may, at any time , pay the whol.e of the unpaid prLncipal. w:Lth accrued interest to the date of the next assessment insta1Lment payment date. Payments may be made to the Director of Finance at any time with1n thirty (30) days after the final. publ-ication of this ordinance. Immediate1y after the expiration of such thirty-day period , said assessments shal.l. be certified to the County Treasurer of Arapahoe County, Col.orado , for col.l.ection, as provided by 1aw. Section 4. That if any one or more sec~ions or parts of this Ordinance sha11 be adjudged unenforceabl-e or Lnval.id , such judgment shal.l. not a.ffect, i...mpair or inval.idate the remaining provisions of this Ordinance , it being the intention that the various provisions hereof are severabl-e. Section 5. This Ordinance, after its final. passage, sha11 be recorded Ln the City Ordinance Book kept for that purpose , sha11 be authenti- cated by the signatures of the Mayor and City Cl.erk, and sha11 be publ.ished .in the ENG LEWOOD HERALD SENTINEL, a newspaper o f general. circul.ation publ.ished in said City, w ithin seven (7) days after its final. passage , and sh.al.l. be and remain irrepeal.abl.e until. the assessments hereby made &hal.1 be paid in ful.1. Introduced , read in ful.l. and passed on first reading day of F ebruary , 1972. the 22nd Pub1ished as a Bil.l. for an Ordinance on the 24th day of February. 1972 . -2 -Mayor -- , • • Attest~ Ex Officio City C1erk I , Wi11~am L . McDivitc , do hereby cert~fy that the above and foregoing is a true , accurate and comp1ete c o py of a Bi11 for an Ord1nance , introduced , read in fu11 on the 22nd day o f February, 1972 , and pub1ished in fu11 on the 24th day of February , 1972 . E x Officio City C1erk -3 - • • • • • • • Attest: Ex Officio City C1erk I, Wi11iam L . McDivitt, do hereby certify that the above and foregoLng is a true, accurate and comp1ete copy of a Bi11 for an OrdLnance , introduced , read in fu11 on the 22nd day o£ February, 1972 , and pub1ished in fu11 on the 24th day of February, 1972. Ex Officio City C1erk -3 - • • • - - - - Introduced as a Bi11 by Counci1man A BILL FOR AN ORDI.NANCE APPROVXNG THE WHOLE COST OF THE IMPROVEM.ENTS MADE IN .AND FOR SIDEWALK IM.PAO~NT DXSTR..ICT NO~ 71 IN THE CITY OF ENGLEWOOD, COLORADO; APPROV:ING AND CON.P'IRM.XNG THE APPORI"l:ONMENT OF SAZ:O COST TO EACH LOr OR TRACT 0P LAND IN SAID DISTRICT : ASSESSING A SHABE OF SAID COST AGAINST EACH LOT OR TRAer OF LAND IN THE DISTRICT: AND PRE-SCRIBING THE MANNER OF COLLECTION AND P~MENT OF SAID ASSESSMENTS. WHEREAS~ the City Counci1 of the City of Eng1ewood, Co1orado, pursuant to the Charter and O rdLnance No. 14, Series of 1965, or said City and the Laws of the State of Co1orado, enacted O rdinance No. 20, Series of 1971, creating Sidewa1k Improvement D istrict No. 71, and providing for the construction therein of si.dewa.1k i.mprovea.ent.s ; and WHEREAS., the Ci..ty Manager and Director o£ Finance a.dv-er-ti..sed for bids to construct such Lmpro~ementa in three (3) consecutive week1y issues of the ENGLEWOOD HERALD SENTINEL; and WHEREAS, on August 9, ~971, the City Council. o£ the City of Enq1ewood, Col.orado, accepted the bid o£ Prank DeHaven Co~pany in the amount of $1,493.~5 as the l.owest and best bid and authorized the Mayor and City C1erk to execute contract documents; and WHEREAS, the constructi..on of such improvements has been CCIIII:lp.l....eted and the tota.1 coats of auc:h i...mprovem.ents h.a:ve been re1i...abl.y ._.ce...rt.&i..ned; and w -EIERE.A.S, a ata."te-IDent showing the total. cost or the i...mprov~ts has been du1y fi~ed wi.th the C:i.ty Cou.n.cil.; and WHEREAS, ~ro.m. the statetnent ma..de and fi.l.ed with the City Counci...1, it appears that the whol.e cost of said improvements is the sum of $2,397.76, said amount 1ncl.udi.ng costs of Lnspection, col.l.ection and other incidental.& and al.so incl.uding interest as al.l.owed by l.aw; and WHEREAS, froat sai...d statement it al.so appears that the Ci...ty Counci..l. has apportioned a share of the said whol.e cost to each l.ot or tract of l.and in said District, Ln accordance with the bene£it& to be derived by said property and i.n the proportions and amounts several.l.y set forth i..n a Reao- l.ution adopted by the Ci..ty Council. on the 3rd day o£ January, 1972, which Resol.ution is by reference made a part hereof~ and WHEREAS, Notice of a Publ.ic Hearing concerning the l.evyi..ng of assessments on the real. property in the District and upon this ordinance has been publ.ished once a week for three (3) weeks i..n the ENGLEWOOD HE.RA.LO SENTINEL, a new-spaper of general. ci..rcu1a.t:1.on i...n. tbe City, and, i.n addition, a copy of the Notice has been ma i 1ed, postage prepa1d, to each known owner of real. property w i thin the D:i.atrict, which Not:i.ce is by reference made a part hereof~ and WHEREAS, at the time and pl.ace specified in said Notice, the C:i.ty Council. met Ln open aess1on for the purpose of he.ar:Lng any objections or protests that might be made against said assessments; and WHEREAS, a~1 objections and comp1aLnts having been du1y heard and considered, the Counci.1 has determined that such objections shou1d be denied except as this Ord1nance has accepted them and incorporated herein changes in said assessments based upon said objections; and WHE.REAS, on the 22nd day of February, 1972, a Bi.11 for an Ordinance Approving The Who1e Cost Of The Improvements Made In And For Sidew'a.l..k Improve- ment Diatr:i.ct No. 71, Xn The City Of Eng1ewood, Co1orado1 Approving And Con- firming The Apportionment Of Said Cost To Each Lot Or Tract Of Land Xn Said -- 2X • • • • Oi...strict; Assessing A Share Of Said Cost Against Each Lot Or Tract Of Land :rn The Di...st.ri.ct; And P:rescri..bi...ng The Ma...nner Of Co11ection And Payment Of Said Assessments, -as introduced and was passed on first reading. N()W, THEREFORE, BE IT OR..DA.~ BY THE C1TY COUNCIL OF THE CXTY OF E"NGLEWOOO, COLORADO, as £o11ows: Sect.i...on. ). . That the whol.e cost and apporti.oru:ne..nt of the same, set ~orth in sai...d Reso1uti...on and Notice and as amended herein, is hereby approved and confirmed, and said apporti...o~ent i...s hereby decl.ared to be in accordance with the benefits which the property in sai...d Oi...stri...ct w~l. receive by reason of the construction of sai...d improvements; and a share o£ sai...d cost i...s hereby assessed to and upon each 1ot or tract of l.and within the Di...stri...ct in the proportions and amounts set forth Ln sai...d Resol.uti...on and Notice. Section 2. That of the who1e cost of S2~397.76~ the City of Eng1ewood -~11 pay $1~625.96, 1eav~g a ba1ance of $771.80 to be assessed agaLnst the real. property in sa~d Distr~ct~ in accordance with Reso1ution No. 1~ Series of 1972. Section 3 . That said assessments sha11 be due and payab1e at the Office of the Di..rector of Fi-nance ~ without den~.a..nd ~ w~thi.n thirty (30) days from and aLter the fi.na1 pub1~cation of this Ord~nance . 1n case any owner of real. pro perty assessed under this OrdLna.nce sha11 fai1 to pay the who1e of such assessment against his property within said thirty days ~ then the pro r a ta cost of said Lmprovements so assessed against his property ~ together w ith interest at the rate of six per cent (6'' per annum on any unpaid ba1a..nce , sha11 be payab1e .i...n. five (5) equal. a.n..nual. ~stal..Lm.ents ~ the first of w hich ~sta1Lments of principal. and Lnterest sha11 be due and payab1e on or before January 1~ 1973, and the rema~der of sa~d Lnsta1Lments sha11 be due and pay ab1e successive1y on or before the 1st day of January in each year thereafter u.nt~1 said pri.ncipa1 and interest a.re paid i.n fu11. P ai1ure to pay any .i...n.sta1Lment, w hether of pr~ncipa1 o r interest ~ w hen d ue sha11 cause the w ho1e o f the u.npa.i..d pri..ncipa1 to become due and pa.ya.b1e immadiate1y , and the w ho1e amount of the unpaid principal. and accrued Lnter est sb&11 therea£ter draw interest at the rate of one per centum (1') per month, or fraction of a month, until. the date of tax sa1e, as by 1aw provided , but at any t.i.me prior to the date of the sa1e, any owner may pay the .eunount of a11 u.npa:i..d i..nst.a11..mente -:i..t.h .i..n.t.ereat at on• per can.tUDt (1') per month, or fraction of a EDOnth, upon a11 de1i...nqu.e.nt i...nst..a.1l...me.nts, and a11 penal..ties accrued, and sha.11 thereupon be restored to the right thereafter to pay in insta11me.nts in the same manner as if de£au1t had not been suffered. The owner of any property not Ln defau1t as to any :Lnsta11 - ment or payment may, at any time, pay the who1e of the unpa.:i...d principa1 with accrued interest to the date o f the next assessment i.nsta11..ment payment date. Payments m&y be made to the D irector of Finance at any time within thirty (30) days a£ter the final. publ.~cat~on of this Ordinance. Lmmediate1y after the e x piratio n of such thirty -day period , sa~d &ssessmenta sha11 be certified to the County Treasurer o f Arapaho e County ~ Col..orado, for co11ection, as provided by 1aw . Section 4 . That if any one or more sections or parts of th~s Ordinance sha11 be adjudged unenforce&b1e or inva1:i...d, such judgment sha11 not a...ffect, :Lmpa.ir or ~nva1idate the re.ma.:i..n.i.ng provi...sions of thi..s Ordi..n.an.ce, i...t being the intention that the various provisions hereof are sever&b1e. Section S. Thi...s Ordinance~ after its final. passage , sha11 be recorded in the City OrdLna.nce Book kept for that purpose~ sha11 be authenti- cated by the signatures of the Mayor and City C1erk , and sha11 be pub1ished in the ENGLEWOOD HERALD SENTINEL~ a. newspaper of genera1 circu1ation pub1i...shed in said City~ with1n seven (7) days after its final. passage, and sha11 be and rezn.a.:Ln .:Lrrepea.1A.b1e until. the assessments hereby made sha.11 be paid :Ln ful..1. Introduced , r ead i..n fu11 and passed on first reading the 22nd day o f F ebrua ry, 1 972 • P u.b1 i..a hed a s a B i 1 1 for an Ordi..n.ance on the 2 4 th day o r February, 1972 . - 2 - Mayo r • • • .,. T 32xl • • • • Attest: Ex Offic~o City Cl..erk I, Wi.l..1..i.a.m. L .. McDi..vitt., do hereby certify that t.he above and foregoing i.a a true, accurate and ccxnpl..ete copy of a Bi.l..l.. for a..n Ordi..nance , Lntroduced , read i.n ful..l.. on the 22nd day of February, 1972 , and publ..i.shed i.n ful..l.. o n the 24th day of February, 1972. Ex Off:i..ci.o Ci..ty C1erk - 3 - • • '32x • • • • Introduced as a 8 1 11 by Counc11man A BXLL FOR AN ORDIN1\.NCE APPROV.xNG THE WHOLE COST OF THE IMPROVEMl!:NrS MADE rN AND FOR SIDEWALK IMPRDVD4EN'l."' O:LSTR.ICT NO. 71 XN THE C:rrY 0~ ENGLEW<X>D, COLORADO; APPRDVZNG AND CONP'XRMXNG THE APPORrXONMENT OF SA:t:D COST TO EACH LOT OR TRACX" 0P LAND XN SAID DISTRICT; ASSESSXNG A SHARE OF SAX.D COST AGA.:rNST EACH LOT OR TRAer OF LAND rN THE DISTRICT; AND PRESCR.:l:BING THE MANNER OF COLLECTION AND PAYMENT OF SAXD ASSESSMENTS - WHEREAS, the City Counci1 o~ the City o£ Enq1ewood, Co1orado, pursuant to the Charter and Ord~ce No . 14, Series of 1965, o£ said City and the Laws of the State of Co1orado, enacted Ordinance No. 20, Series o£ 1971, creating Sidewa1k Improvement District No. 71, and providing for the construction therein o£ sidewa1k ~provement&; and WHEREAS, the City Manager and Director of Finance advertised for bids to construct such ~provements in three (3) consecutive week1y issues of the ENGLEWCX>D HERALD SENTINEL; and WHEREAS, on August 9, 1971, the C~ty Counc~1 o~ the C~ty of Eng1ewood, Co1orado, accepted the b~d of Prank DeHaven Company in the amount of $1,493.15 as the 1owest and best b~d and author~zed the Mayor and City C1erk to execute contract documents; and WHEREAS, the con..struct~on of such :i.mproveJDerlt& has been COIIlpLeted and the total. costs of such i.m.proveDtents have been rel.~abl.y aacert.ai..ned:; and W'HEREA..S, a st.at.e..JDent showing the total. cost of the i.aprove..me..nt& has bee.n du1y fil.ed w~th the C~ty Council.; and WHEREAS, from the statement made and fil.ed with the City Council., it a.ppea.ra that the whol.e cost of said i.mprovements i...s the sum o~ $2, 397. 76, said &DIOu.n.t i.nc:Ludi.ng costs of inspection, co11ection a.nd other i..n.cidenta1s and al.ao Lnc1udi.nq interest as a11owed by :Law; a nd WHE.RE.A.S, froat said statement it al.so a ppears that the City Council. bas apportioned a share of the said who1e cost to each 1ot or tract of 1and in said District, i.n accordance with the benefit& to be derived by said property and i..n th.e proportions and amounts several.l.y set f o rth in a Reao- l.ut~on adopted by the City Council. on the 3rd day of Ja.nu.ary~ 1972~ wh ich Reso1ution i.a by re~erence made a part hereof:; and WHEREAS, Notice of a Pul::tl.ic Hea..ri.ng concerning the l.evying of assessments on the real. property in the District and upon this ordinance has been publ.iahed once a week for three (3) weeks in the ENGLEWOOD HERALD SENTINEL~ a newa_pa.pe.r of general. ci.rcu1ation i.n the City, and, i..n addition, a copy of the Not i ce has been mail.ed, postage prepa~d, to each known owner of rea~ property w ith in t he Di.atr~ct, which Notice is by reference made a part hereof :; and WHEREAS, at the t:L.D.e a.nd p:Lace specified i.n sai.d No·ti.ce, the City Council. met i.n open session for the purpose of hearLng any objections or protests that might be made against said assessments:; and WHEREAS, a11. objections and comp~a.Lnts h&v~nq been du~y heard and cona~dered, the Council. has determined that such objections ahou~d be denied except as this OrdLnance has accepted the.m and incorporated herein changes in said asaeeaments baaed upon said objections:; and WHEREAS, on the 22nd day or February, 1.972, a Bi1l. ror an Ordi.nanc:e Approvi.nq The Whol.e Cost or The X...prove.me.nte Made 1n And Por Si.deva.l.Jc. X...prove- ment Di•trict No. 71, In The City Of Enql.ewood, Col.orado: Approving And Con- rirmdnq The Apportionment Of Said Coat To Each Lot Or Tract or Land Xn Said • • - - - - Di...st..rict; A.ssessi...ng A ShAre Of Said Cost Again s t Each Lot Or Tract Of Land In The Oist.ri.ct; And Prescri.bi..ng The Ma.n.ner Of Co11ecti.on And Pay~nent Of Said Assessments~ was introduced and -•s passed on first reading ~ NOW, THEREFORE, BE IT OR.DA.J:NED BY THE CITY CX>UNCIL OP THE CITY O F E 'NGLEWCX>D, COLORAJX), a s £o l.1o-s : Section 1-That the who1e cos t a..nd a.pporti.o.runent of t:..he same, set ~or~ Ln said Resol.uti.on and Notice and as amended hereLn, is hereby approved and con£ i.rmed, and sai.d a.pportiorune.n.t i s hereby decl.a..red to be i.n accordance with the benefits which the property Ln &ai d District wL11 receive by reason of the construction of said 1mprovements ; and a share o£ said cost is her~ assessed to and upon each 1ot or trac t of l.and wi.thi.n the District in the proportions and amounts set forth i.n said Resol.uti.on and NotLce. Section 2-That of the whol.e cost of $2,397 -76, the City of Engl..ewood wil.l. pay $1,625.96, l..eaving a bal.ance of $771.80 to be assessed against the real.. property Ln said Distric t, Ln e ccordance with Resol.ution No. 1, Series of 1972. Section 3. That said assess~en t a s ha11 be due and peyabl..e at the Office of the Director of Fina.n.ce, without de.Lna.rld~ withLn thi....rty (30) days from and a.£ter the f i...nal. publ.ication of this Ordinance_ X.n case any a-ne..r of real.. property assessed under this OrdLna.nce shal.l.. fail. to pay the whol.e of such assessment against h1s property within said thirty days, then the pro rata cost of said improvements so assessed against his property, together with Lntereat at the rate of six per cent (6'J per a.rmum on any unpaid bal..a.n.ce, ahal.l. be payabl.e Ln five (5) equal.. annual. i...nsta11.m.ents , the first of whi...ch i..n.sta.11Dle.nta of pri...ncipa1 and interest sha..11 be due and payabl..e on or before January 1, 1973, and the rem.a.:i..nder of sai...d i..n&t.a..l.:L.ments shal.l. be due and payabl.e auccessivel.y on or be£ore the 1st day of January i..n each yea.r therea.fter until. said pri.nci.pa.l. and .Lnterest are pai.d i.n ful.l.. _ Pai.l.ure to pay any Lnstal.Lment, whether of principal. or interest, when due aha.~1 cause the whol.e of the unpaid principal. to becom.e due and p.ayabl..e Lmmedi...atel..y, and the whol.e amount of the unpaid princi..~ and accrued interest sha11 thereafter draw interest at the rate of one pez centum (1'> per month, or fraction of a mo.ntb, until. the date of tax sal.e, as by l.aw provided, but at any tLme prior to the date of the sal..e, any owner may pay the a..mou.nt of al..l.. unpaid i.nsta.11.m.ents w i th interest at one per centum (1') per month, or fracti...o.n of a month, upon al.1 del..i.nquent i.nst.al..l.ments, and al..l. pena1ties accrued~ and sha11 thereupon be restored to the ri.ght therea£ter to pay Ln Lnsta1Lmenta in the aa~e manner as Lf defaul.t had not been suffered_ The owner of any property not in defaul.t as to any i..nsta11- me.nt or payment m.ay, at any ti.me, pa.y the who1e of the u.npai.d pri.nci.pa.l.. with accrued interest to the date of the ne xt assessment i..nsta1Lment payment date. Payments m.ay be made to the Di.rector of F.i.nan.ce at any ti...m.e -i.t.h.i.n thi..r-ty (30) days after the fi...na1 publ.i.cation of this Ord~ance. Lmmedi.atel.y after the expiration of such thirty-day period, sai...d assessments shall. be certified to the County Treasurer of A .rapahoe County, Col.orado, for co11ecti.on. as provided by 1a __ Section 4_ That i.f any one or more sections or parts of this O rdinance ahal..l. be adjudged unenforceab1e or inva1id, such judgm.ent sha11 not affect, impair or inva1idate the remaining provi...si.ons of this Ordinance, i.t being the i.ntenti.on that tr-e various provisions hereof are aeverabl..e- Section 5. This Ordinance, after i.ts final. passage, sha1.1 be recorded Ln the City Ordinance Book kept for that purpose, shal..l. be authenti- cated by the signatures of the Mayor And City C1erk, and sha11 be pub1i&hed i..n the ENGLEWOOD HERALD SENTr:NEL, a newspaper of genera.1 ci.rcul.ati.on publ..i.shed Ln said City, wi.thi.n seven (7) days after its fi..na1 passage, and sha.~1 be and remain i.rrepeal.abl.e until. the assessments hereby ma.de aha.11 be paid Ln fu~l... Xntroduced, r ead in fu11 and passed on first reading the 22nd day o~ Februa.ry, 1.972- Publ..i .ehed •• a Bil..l.. for an Ordinance on the 24th day o~ February 1 1972_ 2 -Mayor • -- T 32X ........... - - - - Attest: Ex Officio City C1erk I, Wi11iam L -McOiv~t t, do hereby certify that the above and foregoing is a true , accurate and comp1ete copy of a Bi11 for an Ordinance, Lntroduced, read in £u11 on the 22nd day o£ February, 1972 , and pub1ished ~n fu11 on the 24th day of February, 1972. Ex Officio City C1erk -3 - ·- -- • • • • Introduced as a Bi11 by CounciLman A BXLL PO.R AN ORDINA.NCE APPROVING THE WHOLE COST OF THE :r.MPRIOV'BMJ!I:MTS MADE XN AND FOR. SZDEW'ALJC. XMPRCJVBMENT DISTRICT NO. 71 XN THE C:rrY OF ENGLEWOOD., COLORADO o APPROVING AND COHP'~ THE APPORTIO NMENr OP SAID COST TO EA.CH LOT OR TRACT OP LAND IN SAID O I.STR..ICT ; ASSESSING A SHARE OF SAXD COST AGAINST EACH LOT OR T RACT OF LAND IN THE D ISTRICT; AND PRESCR.IBrNG THE MANNER OF COLLECTXON AND PAYMENT OF SAID ASSESSMENTS_ Wlm.BEAS., the City Council. of the City of Enql..ewood, Col.o.ra.d.o., pursuant to the Charter and Ord.Ln.a.nce No. 1.4., Series of 1.965 ., o£ s.a.i.d Ci.ty and the La-• of the State of Col.orado, enacted Ordinance No. 20., Series of 1.971., creating Si.de-al.k Lmprovement Di.atri.ct No. 71.., and providing for the construct ion therein of si.dewa1k Lmprovements; and WHE.REAS., the City Manager and D irector of P.i..n.ance advertised for bi.d.s to c o~atruct such Lmprovements in three (3) consecutive wee.k1y i.aauea o f the ENGLEWOOD HERALD SENTXNEL ; a..nd WHEREAS, on August 9., 1.971.., the City Council. oL the City oL Enq1ewood, Co1orado, accepted the b id of Prank DeHaven Ca-pa.ny in the a.mou.nt of $1,493 .15 as the 1oweat a.n.d best bid a.n.d au.t.hori&.ed the Mayor and City C1erk to execute contract documents; and WHEREAS, the const.ru..c t i..on of such i.mprovecoents has been cc-p.l...et-ed an.d the tota.l. coats of such .i..m.prov-e.aenta h.a"Ve been re1i..ab1y aacertai.ned 1 and WHEREAS, a. ata.temoent sh.owi...ng the tota.1 coat of the iaprove.-e.nts has been du.l..y fi..1ed w i.t..h the Ci.ty Counci.1; and WHEREAS, from the statement made and fi..1ed -i.th the C~ty Counc i1 , it appears t hat the who1e coat of said improvements i..a the sum of $2,397.76 , said amount inc1uding costs of i..nspecti.on, co11ection and other i..nci.de.nta1 s and a.1ao Lnc1udLng interest as a11owed by 1aw; and WHEREAS , frcxn sai.d stateme.nt i..t a1so appears that the Ci.ty Counci..l. has apportioned a share of the said who1e cost to eac h 1ot or tract of 1and in said Di.str i.ct, in accordance w i.th the benefi..ts to be derived by said property and i...n the proportions a.nd &InOu.nts severa11y set :forth i...n a Reso- 1ut i..on adopted by the C ity Counc i1 on the 3rd day of January, 1972, which R.e•o1oti..on :Ls by reference made a ,part hereof ; and WHEREA-S , Noti..ce of a Pu.b1i..c Heari...ng c o ncerning t he 1evy.i..ng of asses sments on the real. property Ln the D i..stri..ct and upon this ordLnance has been pub1 ished once a week for three (3) weeks in the ENGLEWOOD HERALD SENTINEL, a newspaper of qenera1 ci.rcu.l.ation .i.n t.h.e Ci..ty, and, i..n addi..tion, a copy o£ the Noti..ce has been mail.ed, postage prepaid, to each known owner of rea1 property w i..th1n the District, w hich Notice is by reference made a part hereof; and WHEREAS, at the tUme and p1ace s pec~fi..e d in said Notice, the City Counci..l. ~et 1n open session fo r the pu~se of hearLng any objections or protests that m~ght be made aqa1nst sai..d assessments; and WHEREAS, a11 objections and comp1aints hav.i.n.g been dul.y heard and considered, the Counc.i.1 bas deter·m.i.ned that such objections aho~d be den i ed except as th~a Ordi.na.nce ha.a accepted them and incorporated herei...n changes i.n aai.d aaaeaame.nt.a baaed upon sa.i.d ob j ections , and WHE.RE.AS, on the 22nd day of February , 1972, a Bil..l. ~or an Or.S:Lnance Approvi..nq The Whol.e Coat 0~ The Xmpro vementa Made Xn And Por &1..4ewa1.k Xaprove- ment DJ..atri.ct No. 71, 1n The Ci.ty Of Enql.e.vood, Co.l.orado, Approvi..ng And Con- ri.ra.i.ng The Apportionment or Sai.d Coat To Each Lot Or Tract or Land 1n Said • • • 1'32 • • • • D:Lat.ri.ct; Aasea•i...ng A Sha.%'e Of Said Cost Aqai.nst Each Lot Or Tract Of Land In The D:Lat..ri..ct; And Prescri..bi.ng The Manner Of Col..l.ecti.o.n. And Payment Of Sai.d Assessments, was introduced and was passed on first reading. NOW, THER.EPORE, BE IT OR.DA..x:NED BY THE CITY C:OUNCXL OF THE CXTY OF E'NG.LE'WOOD, COJ:DRAIX>, as fol.l.ows: Section 1.. That the whol.e cost a..n.d apporti.oruue.n.t of the same, set ~or~ Ln said Resol.uti.on and Notice and as amended herein, i.a hereby approved and confirmed, and said apporti.on.m.e..nt :i.s hereby decl.ALed to be :in accordance with the benefits which the property Ln said Di.atri.ct wi1l. receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each .l.ot or trac t of l.and within the Di.at..ri.ct in the proportions and amounts set forth Ln said Resol.uti.on and Notice. Section 2. That of the who.l.e cost of $2,397.76, the City of Engl.ewood wi.l.l. pay $1.,625.96 , 1eaving a ba1ance of $771.80 to be assessed agai..nst the real. property Ln said District, in accordance with Resol..ution No. 1, Series of 1..972. Section 3. That said assessments sha.l..l. be due and payabl..e at the Office of the Oi%ector of Fi:n.a.nce, w ithout de.~na.nd,. with:i...n t.hi...rty (30) days from and ~ter the fi.nal. publ.icati...on of this Ordi.na..nc:e. I..n ca.se any owner of real. property assessed under this Ordinance sbal..l. fail. to pay the who1e of such a&ae.IUUnent aqai....nst his property wi.th in said thirty days,. then the pro rata cost of said Lmpro~ements so assessed against his property,. together with i...n.te.rest at the rate of si...x per cent (6'J per annum on any unpaid bal.a..nce,. ahal.l. be payabl.e i..n fi.ve (5) equal. annoa..l. i...nsta11.me.nts, the first of which Lnstal.Lments of principal. and interest shal.l. be due and payabl.e on or before Ja.nua..ry 1.,. 1.973, a..n.d the rem.ai.nder of sai...d i....nata._l.J.ments shal.l. be due and payabl.e success i.vel.y on or before the 1st day of January i.n each year thereafter u.nti.l. said pri.nci.pal. and i.nt.e..rest are. paid i..n ful..l.. _ Pai.l.u..re to pay any .i..nat..a.1.11De.nt, whether of pri..nc:i.pa.l.. or interest,. when due sha.l.l. cause the whol.e of the unpaid pri.nci.pa.l. to become due and payabl.e :i....mmoedi...atel.y, and the whol.e anaount o£ the unpa..i...d principal. a.n.d accrued interest shal.l. therea.fter draw .i..nte..rest at the rate of one per centum (1.') per month, or fraction of a month,. until. the date of tax sal.e, as by l.aw provided~ but at any time prior to the date of the sa1e,. any owner may pay the amount of a11. u.npai...d .i.nsta..l.l..nlenta wi.th interest at one per centum (1') per tnOnth.,. or fraction of a month, upon al.l. del.i...nque.nt i..n.sta.11Dtents,. and a..l.l. penal..ties accrued, and sha1.1 thereupon be restored to the right thereafter to pay i..n. i...nsta11mants Ln the same manner as if defaul.t had not been suffered. The own-er of any property not i..n defaul.t a.a: to any i...n_stal.l.- m.ent or payment may, at any ti..me,. pay the whol.e of the u.npai...d principal.. with accrued i...nterest to the date of the next assessment i...nstal.Lment payment date. Paym.enta may be made to the D.i..rector of Finance at any ti..ftle with..i..n t.h_i.r-t:y (30) days after the fi..nal. publ.icati.on of this Ordi...nance. 1-.ed...i._atel.y a~ter the expiration of such thLrty-day peri.od, sai.d assessments s~l. be certified to the County Treasurer o £ Arapahoe County, Col.orado, for col.l.ecti.on, as provided by l.aw. Secti...on 4 . That if any one or more sections or part..s of this Ord~ance shal.l.. be adjudged unenforceabl.e or inval.id ,. such judgment ahal.l. not a.ffect, i..mpair or i...nva.l..i clate the rem.ai...ni...ng provi.si.on.s of this Ordi...na.nce,. i.t being the intention that the various provisions hereof are aeverabl.e. Section 5. This Ordinance, after ita final. passage,. ahal.l. be recorded i...n the C ity Ordinance Book kept for that purpose, sha11 be authenti- cated by the signatures of the Mayor and City Cl.erk., and sh.a..l.l. be pu.bl.ished i...n the ENGLEWOOD RE~ SENTINEL, a newspaper of general. ci.rcu1ation publ.ished in said Ci.ty,. within seven (7) days after i.ts final. passage, and shal.l. be and remain i.rrepeal.abl..e until. the assessments hereby made shal.l. be paid i.n. fu11.. Introduced,. read in fu1l.. and passed on first reading the 22:.nd day of February, 1.972. Pu.b1i.ahed .. a Bi:l.l. for an Ordi.na.nce on the 24th day or February, 1.972. 2 -Mayor • • • • • • • Di...&t...r:i.ct;; Asseaai..nq A Sh.a..:re Of Said Cost A.g:a:Lnst Each Lot Or Tract Of Land In The Oi.st...ri.c:t ; And P:resc:r:i..bi...ng The Manner of Co11.e.cti.o:n And Pay..ent Of Sai.d. A.&.sessme..nts~ was introduced a..nd was passed on fi..rat read.i...ng. NOW, THEREFORE, BE :rr OR..DA.XNED BY THE C:X.TY CX>UNCXL OF THE CX:TY OF ENG.LEWOOO, COLC>RADO, as fo1l.a-&~ Section 1. That the who1e cost a..nd a.p_porti.o.runent of t.h.e S-a.Dle, set ~or~ Ln said Reso1uti.on and Notice and as ~ended herein, :i.a hereby approved and confirmed,. and sa.i...d apportionment is hereby dec1a.red to be i...n. accordance with the benefits which the property i...n said District wL11 receive by reason of the construction of said ~provements; and a share o£ said cost is hereby assessed to and upon each 1ot or tract of 1and withLn the D :i.st...rict ~ the proportions and amounts set forth :i.n said Reso1uti.on and Notice. Section 2. That of the who1e coat o£ $2,397.76, the City o£ E~g1ewood w~11 pay $1,625.96, 1ea~ing a ba1ance of $771.80 to be assessed against the rea1 property 1n said District, in accordance with Resol.ution No. 1, Series of 1972_ Section 3. That said assessments sha11 be due and pay&b1e at the Off~ce of the Dizector of F~ance, without demand, w~thin thirty (30) days from and after the £ i.n.a1 pub1i.cation of thi..s Ord~nance _ In case any owner of real. property assessed under t.h.i...s Ordi...n.a.nce sha11 fail. to pay the whol.e of such assessment against his property within said thirty days, then the pro rata cost of said Lmp:rovements so assessed against his property, together with interest at the rate of six per cent (6-..J per annum on any unpaid bal.a.nce, sha11 be paya.bl.e i.n five (5) equal. annua.l. i..nsta..l.1.nlents, the first of whi.c.h i...n&tal.1.ments of principal. and i...nterest sh.a.l.l. be due and pa.ya..bl.e on or be:r.ore Ja..nu.a.ry 1, 1973, a.n.d the remai.n.der of said i..nst.a.l.1..ments ahal.l. be due and payab1e auccesai..vel.y on or before the 1st day of January i..n each year thereafter until. said pri.nci.pal. a..n.d interest are pa..id i..n ful.l.. Pa.i.l.u:re to pay any i.nat.a..l.l..IDent,. whether of principal. or interest, when due sba.11 cauae the: who l.e of the unpaid pr:i.ncipa...l. to become due and paya..bl.e i...au:Dediatel.y, and the whol.e ~u.nt of the unpaid principal. and accrued i..n.t•rest sha11. therea.fter draw interest at the rate of one per ce.ntUlD (1.') per month, or :fraction of a month, unti1 the date of tax sal.e,. as by 1aw provi...ded, but at any t~ prior to the date of th.e sa1e, any OWTler may pay th-e amount of a11 unpa:i.d i..nsta1l.ments wi.t.h interest at one per centum (1 ') per month, or fraction of a znont.h, upon a11 del.i..nqu.ent i..nst.al.l.ments,. and a...l.l. penal. ties accrued, and sh.al.1 thereupon be restored to the right thereafter to pay i..n instal.l.ments in t..he same ma.nn.er as if defaul.t had not been suffered. The owner of any property not .1-n defaul.t as to any i..nst.a11- ~ent or payment may, at any tLme, pay the who1 e of the unpaid princi.pa1 with accrued interest to the date of the next assessment instal.Lment payment date. PayiiM!!tnta ~Day be made to the D i.rector of Finance at any time wit.hi.n thirty (30) days After the f~nal. pub.l.i.cati.on of this Ordinance. 1mmediate1y after the e:xpirat:i..on of such t.hi..rty-d.a.y period, sai.d assessments sba.l.l. be certified to the County Treasurer of Arapahoe County, Col.orado, for col.1ecti.on, as provi...ded by l.aw. Section 4. That i...£ any one or more sections or parts of thi...s Ordinance shal.l. be adjudged unen£orcea..b1e or inval.id, such judg-me.nt sha11 not affect, i..mpa.ir or i.nval.i.da.te the remaining provisions of th..i..s Ordi..na..nce,. it being the intention that the various provisions hereof are aevera.b.l.e. section s_ Thi.s Ordinance, after its final. passage , sha11 be recorded i.n the Ci..ty Ordinance Book kept for that purpose, shal.l. be authenti- cated by the signatures of the Mayor and City Cl.erk , and .sh&l.l. be pub.l.ished i..n the ENGLEWOOD HERALD SENTrNEL, a newspaper of genera.l. circu.l.ati.on pub1ished i..n said Ci.ty, wi.th.i...n seven (7) days after i.ts ~.i...nal. passage, and ahal.l. be and rema~n irrepeal.ab.l.e until. the assessments hereby made sha.11 be pai.d i..n ful..l.. Int.roduced, read i.n ful.1 and passed on fir•t readi...ng the 22nd day oL February, 1972. Publ.i.•bed -.. a Bi.l.1 .ror an Ordinance on the 24th cS.ay or Pebruary"' 1972. 2 -Mayor • • • 2xl • • • • Attest: Ex Of£1cio City C1erk I, Wi11~am L . McDivitt , do hereby certify that the above and foregoi...ng i.e a true. accurate and cOinp1ete c opy of a Bi.11 for an Ordinance . introduced, read Ln £u11 on the 22nd day o f February, 1972 , and published i.n fu11 on the 24th day of February, 1972 . Ex Officio City C1erk - 3 - ..:... • • • 1'32X - • • - • Introduced && a Bi11 by Counci1man A BILL FOR AN ORDI~NC.E APPROVING THE WHOLE COST OF THE XMPROVIDIIDITS MADE XN AND FOR SXD.BWALJC. XMPaovBMENT DISTRXCT NO. 71 XN THE CrrY OF ENGLEWOOD,. COLOJUIIL.D01 APPROVXNG AND C06PJ:~ THE APPORI."IONMBNT OP SAID COST TO EACH LOr OR TltACT 0P I.A.ND IN SAID DXSTR.XCT: ASSESSXNG A SHP..RE OF SAXD COST AGAINST EACH LOT OR TRACT OP LAND rN THE DI..STR.ICT 1 AND PRESCR.IBXNG THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS _ WHEREAS,. the Ci.ty C.ou.nc:1.1 of the City of Enql..e-ood,. Col..ora.do,. pu.rau.ant to the ~rter and Ord:i.n.a.nce No. 1..4,. Series of 1.965,. of •a.i...d Ci.ty and the Lava o~ the State of Col.orado,. enacted OrdLnance No. 20, Seriea of 1.971.., creating Si.dewal..k Lmprovement D:i.atri.ct No. 71..,. and providing for the conatruct~on therein o~ si.dewal.k Lmprovementa : and WHBRBAS, the City Manager and Di...rector o:f P::Lna.nce ad:vert:l.aed. :for bids to con.atruct such Lmprovementa in three (3) consecutive weekl..y i.aauea of the BNGLBNOOD HERALD SENTXNEL: and WHEREAS, on August 9, 1..971.., the City Council. of the City of En91ewood., Co1orado., accepted the bid of Fran.k DeHaven Caa.pany i...n. the a..mou.nt of $1.,493-15 &a the 1oweat an.d best bid and. auth.o.r:i...&ed the Mayor and City C1erk to execute contract doc:uaents; and WHEREAS., the c:on&t.ructi..o:n of such i...Diprovemoents baa been ca.p~ted and the tota1 costa of such ~rove.ent.e have been rel..i..a.b1y a.ac:erta:.i...ned:~ a .nd WEIBRE.AS ., a at.a.~nt ahoowi..n.g the total. coat of the ~r~t.a has been d.u1y fi1ed with the City Cou.nci.1 ; and. WHI!!:IIEAS., from the statement made and fil.ed with the City Counci...l.., i..t appear& that the who1e coat of sai..d i.mprovements i..a the sua of $2,397_76., said a..mou.nt i.nc:1udi..ng costs of i.n.apecti.on., c:o11ection and other i..n.ci..dent&.l.s and al.so i..ncl.udi..n.g interest as al.l.oowed by l.aw; and WHEREA.S., from. sai..d statement it a.1 ao appears t.ha.t the City Council.. has apportioned a share of the said who1e cost to each 1ot or tract of l..a.nd i.n said District., Ln accordance with the benefits to be derived by aa1d property and in the proportions and amounts aevera11y set forth in a Reao- 1ution adopted by the City Council.. on the 3rd day of January., 1972., which Reao1uti.on is by reference made a part hereof; and WHEREAS., Notice of a Publ..i..c Hea.r:Ln.g conce.r:ni.nq the l..evyi.n<g of assessments on the real.. property in the District and upon thi..s ord:Lnance has been publ..ished once a week for three (3) weeks in the ENGLEWOOD HERALD S'ENTINEL., a newspaper of qe.neral.. ci..rcu1ation i.n the City., and., in addition., a copy of the Notice has been ma.il..ed., postage prepa.i..d., to each known own.er of :rea1 property within the District., which Notice is by reference made a part hereof ; and w -HEREAS., at th.e ti.me. and p1ace specified :Ln. said Notice., the City Cou.nci.1 m.et i..n open aeaaion for the purpose of h.ea.ri.ng: any objec:t.i.ona or protests that might be made against said assessmentai and WHEHEAS., al..1 objections and compl.ai..nt& having been du1y heard and considered., the Counc.i.1 has determ1ned that such objections ahou1d be denied except aa th.i..s Ordin.anc:e has accepted the~ and incorporated herein changes in said aaaeaa.enta baaed upon said objections , and WHE.MB.AS, on the 22.nd day o~ P~.ruary., 1972., a Bi11 ~or an O:r:d..t...n..ance Approvi...nq The Wbo1e Coat 0~ The ::t-.prov--.nta MaeSe 1n And. Por Bi..d-.1k x.p.rove- ment D.i.atr.i.c:t No. 71• 1n ~City or Enql..ewood. Co1ora4o7 ApprovLD9 And Con- r.i.r-.:i.nq The Apporti.on.ent or &a.i.d Coat To Each Lot O:r: Tract 0~ La.n4 %.n Said . , .• • • T 32X • • • • Di..stri.ct.: Asaesai..nq A Share Of Said Cost A.gai..nst Each Lot Or Tract Of Land X .n The Di.st..ri.ct ; And Preacri.bi.nq The Manner Of Co11ecti..on And Payaae.nt Of Said Asseaamenta, -•• introduced and was passed on fLrat reading. NOW, THE.REPORE, BE :rr OR..DA.INED BY THE C1TY CX>UNCIL OP THE CX.TY OF ENGLEWOOD, COLORA.IX>, as fo.l..l.o-s: Secti..on 1. That the -ho.l.e cost and apporti.orune.nt of the same. set for~h 1n aai.d Reao1uti..on and Notice and as amended herei..n, i..s hereby approved and confLrmed , and said apporti..~ent i.s hereby dec 1ared to be in accordance with the benefits which the property in said Di.stri.ct wi11 receive by reason of the construction of said Lmprovements; and a share of sa.i..d cost i..s hereby assessed to and upon each .l.ot or tract of 1and -i..thin the Di..stri..ct in the proportions and amounts set forth i..n said Reao.l.uti..on and Notice. Section 2. That of the who.l.e cost of $2,397.76, the City of Enq.l.ewood wL11 pay $1,625-96, 1eav~g a ba1ance of $771-BO to be assessed agaLnst the rea1 property ~n sa~d District, in accordance with Reaol.ution No_ 1, Series of 1972_ Section 3_ That said a .ssessments sha11 be due and pay&b1e at the Office of the Director of Fi.n..a.nce, wi.thout demand~ withi.n th.:Lrt:y (30) days from and after the final. pub1ication of this Ordinance_ Xn case any a-ner o~ rea1 property assessed under t.b.i._s Ordi...nance sh.a.ll.. fai.l.. to pay tb.e W"hol..e of such assessment against h.i.a property w ithin said thirty days, then the pro rata cost of said Lmprovements so assessed against his property, together with interest at the rate of six per cent (6 ') per annum on any unpaid ba1a..nce, sh.al..1 be paya..b1e in five (5) equal.. a.n.nua1 i...n.sta1Lmenta, the first of which Lnsta11menta of principal.. and interest sha11 be due and pay&bl..e on or before January 1, 1973 ~ and the rem-ainder of said i.nsta.11menta aha11 be due and pay&b1e succeasi.ve1y on or before the 1st day of January Ln each yea..r thereafter unti.1 said pri.ncipa1 and i..nterest are pai.d i.n fu11 - Pail..u.re to pay any i.nsta1l...nle.nt, whether of principal.. or interest, when due sha1l.. cause the who1e of the unpaid principal.. to beco~e due and pay&bl..e :Lnaaedi.ate1y, and the who1e amount of the unpaid pr:i.nci.pa.l. and accrued i..nte.reat sha11 thereafter draw interest at the rate of one per centum (1 ') per .ant.h, or fraction of a month~ unti.1 the date of ~ sa1e~ as by 1aw provided, but at any t:i..me prior to the date of the sal..e ~ any owner ma.y pay the amount of a1l. unpaid i.nsta~1.me.nta w ·ith interest at one per centum (1') per ~onth, or fraction of a month, upon a11 del..Lnquent i.nsta11ments, and a1l.. pena1ties accrued~ and sha11 thereupon be restored to the right thereafter to pay in i..nst.al..:Lments i..n the same ma.nner as i.£ defa.ul.t had not been suffered_ The ow-ner of any property not :1.n defaul..t as to any i..nsta11 - ment or payment may, at any ti..m.e, pay the whol..e of the unpaid pri.nci.pal. with accrued interest to the date o~ the next assessment i.natal..Lment payment date_ Payments may be made to the D irector of F~nance at any time within thirty (30) days a£ter the fi.n.al. pu.bl..ication of this Ordi.JuLnce _ :r-ediatel..y after the expiration of such thirty-day period, sai.d assessments s~l.. be cert1fied to the County Treasurer of Arapahoe County, Co1orado, for co11ection, as provided by l.a-- Section 4_ That ~f any one or more aecti.ons or parts of this Ordinance sha.1l.. be adjudged unen£orceab1e or inva..l..i.d, such judgment sha1l.. not affect, Lmpair or inva1idate the remaining provisions of thi.s OrdLnance, it bei.nq the i..ntenti.on that the various provisions hereof are aever&b1e- Section 5 _ This Ordi..na.nce 1 after i.ts f i.n.a1 passage~ shal.l. be recorded Ln the City Ordinance Book kept for that purpose, shal..1 be authenti- cated by the ai.qnatures of the Mayor and City Cl..erk, and aha11 be publ..ished in the ENGLEWOOD HERALD SE'N'TrNEL, a newspaper of general.. ci.rcu1ation publ..~shed i..n sa.i.d City, within seven (7) days after ita final.. passage~ and sh.a.11 be and rem.a..i..n irrepea1a.b1e u.nti1 the a..a:aesamenta hereby made sh.a.11 be paid i.n ~ul..1- Xntrod.uced, read :i.n fu1.1. and passed o n fi.r•t read:i.nq the 22nd day o~ February, 1..972. Publ..i•t:..d. ,... a Bi1.1. for a.n Ordi.na.nce on the 24th day o~ Pebru.a..ry, 1..972. 2 - • . , .• • • 1'32 - • • • • Attest: Ex Officio City C1erk I, Wi11i.am L . Mc:Di.-vi.tt# do hereby certi£y that the a..bove a..nd foregoing is a true, accurate and comp1ete c opy of a Bi-11 for an OrdLnance# introduced, read in £u11 on the 22nd day of February, 1972, and pub1i.ahed in fu11 on the 24th day of Feb.ru..a..ry, 1972 _ E~ Officio City C1erk -3 - • • r 32x - -- - - Introduced as a Bi11 by CounciLman A BXLL FOR AN ORDX.Nl\.NCE APPROVING THE WHOLE COST OF THE ZMPROVJ!UIIBHTS MADE rN AND FOR Sr.D_,ALIC XMPA:)V'l!IIU!!:NT DXSTR.ZCT NO . 71. XN THE CXTY OP ENGLEWCX>D~ COLORADO; APPROVING AND C~IMKXNG THE APPORrXONMEN'T OF SAXD COST TO EACH LCJT OR TRACT 0P IAND XN SAID OXSTR..XCT; ASSESSING A SHARE OF SAID COST AGAXNST EACH LOT OR TRACT OF LAND XN THE DISTR..XC'r; AND PRESCRIBING THE ~ER OF COLLECT:XON AND PAYMENT OF SAZD ASSESSMENTS. WHEREAS • the City Council. of the City of Engl.e-ood, Col.orado, pursuant to the Charter and Ord:i...na.nce. No. 1.4~ Series of 1..965, or. aa..i..d City and the Lava of the State of Col.orado, e .nacted Ord~ce No. 20, Seri..ea or 1.971., creating Sidewal.k :x~prov~ent D.i..atrict No. 71., and providing r.or the conatruction therein of &idewa1k improve.ents; and WHEREAS, the City Manager and DLrector o£ P~ance advertiaed r.or bids to con.atruct such improvements Ln three (3) consecutive week1y iaauea of the ENGLZN'OOD HERALD SENTINEL; and WHEREAS, on August 9, 1.971., the City Council. of the City o~ En.g1ewood~ Co1orado~ accepted the bi.d oE Fran.k. DeHaven Ca.pany .i..n. the a..mou.nt of $1 ~493 .15 as the 1a-eat and beat bi..d and aut.h.ori.&ed. the ll.ayor and City C1erk to execute contract documents; and WHEREAS~ the construction or. such i..mprove.me.n.ts ha.a been c~1.eted. and the tota.l coats of such i.aapro~nta have been re1i..a.b1y aacert.ainedJ and WHBRE.A.S ~ a atate~nt showinq the tota1 c ost of the ~ro~ta ha.s been du.1y fi1ed with the City Cou.nc i1; and WEII!UIEA.S~ from the ata.teme.nt aade and fil..e.d with the Ci..t:y Council.~ it appears that the who1e cost of said L-provements i& the sua o~ $2~397.76~ said a..mount inc1udinq costs of inspection~ col..l..ection and other incidental.& and al..ao incl..udinq interest as a.1l..owed by l..aw ; and WHEREAS~ frcxn said statement i..t al..ao appe.a.rs that the City Cou.nc:i...l.. has apportioned a share of the aaid whol..e c os to each 1ot or tract of l..and in said District~ in accordance with the benefits to be derived by aaid prope..rty and i..n the proportions and ......aunts aevera1.1y set f orth in a -•o- l..ution adopted by the City Council. on the 3rd day of January~ 1..972~ which Resol..ution i..a by reference made a part hereof ; and w·IIE..R:E.AS~ Notice of a. Publ..ic Hea..ri...ng concerning the l..evyi..nq of assessments on the real. property .Ln the Di.st.ric·t and upoon this ordinance has been publ..iahe.d once a week for three (3) weeks i..n the ENGLEWOOD HERALD SE:Nr:J:NEL~ a newspaper of ge.n.era...l.. c::Lrc::ul..a.ti..on in the City~ and~ in addit ion~ a copy o£ the Notice has been ma.il..ed ~ postage prepaid~ to each known owner of real. property w i thin the District~ which Notice is by r~erenc:e made a part hereof ; and WHEREAS~ at the tu.e and pl..ace spec.i.fi.ed in said Notice, tbe Ci.t·y Council. Dlet :Ln open •essi.on £or the purpose of hea.ri..ng' any objections or protests that miqht be made against said assessments; and WHEBEAS ~ a..l..l.. objections and cc:.Dp1.a:Ln.ts havLn.g: been d.u.l..y heard and considered~ the Counci1 has de.term.i.ned that such objections shou.l..d be de.n.:i.ed except a.a thi• Ordinance has accepted them and ~orpora.ted herein change• in said ••••••menta baaed upon eai.d objections, and WHE.:RBA.S ~ on the 22nd day o~ February r 197 2 r a Bi.1l.. ~or an Ord:l...nanc:e Approvi..nq T~ Who1e Coat Of The .X..prov-.-..nt• Made Xn And Por Si.dewa1k X.prove- ment Di•trict. No .. 71..~ Zn The City Of Bnql..ewood~ Col..oracSo, Approv~ And Con- fi~nq The Apportionment 0£ Said Cost To Each Lot Or Tract 0£ Land Xn Said • -• - - - - Oi.strict.; A.ssessi...ng A Share Of So:LCI Cos t A.g:a..~a t Eo.ch Lot Or Tract 0£ La.nd. In The D:L•t..ri.c:t; And Presc:ri....bi...ng The M.an.ner Of Co11ecti.on And Payment Of Said Aaae•aments, was introduced and was passed on first reading. NiOW ~ THEREFORE, BE IT ORDA.INE.D BY THE CITY COUNCIL OF' THE CITY OF ENGLEWOOD, COLORADO~ as fo11ows : Section 1. That the whol.e cost and apport1o.nm.e.nt of the s.a.me, set for ~h in said Re&ol.ut:Lon and Not i ce and as amended herein, i.e hereby approved and con.f.:Lrua-ed,. a..n.d said apporti.orunent i...s hereby decl.a...red to be in accordance with the benefit& which the property Ln said District -~1 receive by reason of the construction of said improvement&; and a share of said cost i..& hereby assessed to and upon each l.ot or trac t of l.and wi.thLn the District in the proportions and amounts set forth in said Resol.uti.on and Not~ce. Section 2. That of the whol.e cost of $2,397.76, the Ci.ty of Eng1ewood w111 pay $1,625.96, 1eaving a b&1ance o£ $771-80 to be assessed against the rea1 property in said D~strict, in accordance with Reao1ution No_ 1, Series of 1972. Sec:t:i_on 3. That sai.d a..ssesame.nts sha.11 be due and pa.yab1e at the Offi.ce of the Di.rec:tor of P i.na.nce, without dema..nd. within. t..h:Lr-ty (30) days from. and. ~te...r the £ i..na1 pu.b1icatio:n of this Ordi nance_ In case any owner of rea1 property aaaeaaed under thi.a Ordinance sha11 fai1 to pay the who1e of such aaaesament against his property w ithin said thirty days, then the pro rata coat of said Lmprovements so assessed against his property, toqether with i.nte..re&t at the rate of si.x per cent (6'J per annum on any unpai.d ba.1a.nce, aha11 be paya.b1e in £iva (5) equa1 annua1 i.nsta.11me:nta, the fi.rst of which i:nata1~t& of pri_ncipa1 and interest aha11 be due and payab1e on or be:rore Janu.a...ry 1, 1973, a..n.d the remainder of sai.d i.n.ata.1~nt& .sha11. be due and pay&b1.e aucceaai.ve1y on or be£ore the 1st day of January i.n each year t.herea.£ter unti1 .sai.d pri.nci..pa.1 and interest are paid i..n £u1.1_ Pai.1u.re to p.ay any i.nata1.1..1Dent, whether of pri.nci.pa1 or interest, when due sh.a~1. cau.se the who1e of the unpaid pri.nci.pa.1 to become due and paya.b1.e ~iate1.y, and the who1.e amount of the unpa.i.d pri.nci~ and accrued interest aha1.1 thereafter draw i.nterest at. the rate of one per centUJD. (1•> per -onth, or fraction of a month, unti1. the date of tax sa1e, as by 1aw provided, but at any time pri.or to the date of the aa1e, any owner may pay the a..mount of a11. unpaid i..nsta.1l..m.ents "With i...nterest at one per centum. (1.') per month, or fract.ion of a month, upon a11 de1i.nquent i..nst.a.11ments, and a1.1 pena.1ti.e& accrued, and sha1.1. thereupon be restored to the ri..ght t.hereaLter to pay i.n i..nsta.111Dent.s i.n the sa..me man.ner as if defau1t had not been suffered. The owner of a.ny proper·ty not .in defau1t as to any i...n.sta11- utent or payaa.ent may. a.t any ti..m.e, pay the -ho1e of the u.npa.id pri.nci.pa1 wi.th accrued interest to the date of the next assessment i.nsta1Lment payment date. Paym.e.n.ta may be Dl&de to the D i....rec::tor o£ Pi..na.nce at any ti.m.e wi.tbi.n. thirty (30) days a£ter the fi.na.1 pub1.icat..ion o£ this Ordinance_ Immedi.ate1.y after the exp.irati.on of such th~y-day period, said assessments aha11 be certi.fi.ed to the County Treasurer of Arapahoe County, Co1.orado. ror co1.1.ection, as provided by 1.&-- Section 4. That i f any one or more sections or parts of this Ordina.nce sha1.1 be adjudged u:nen£orceab1e or Lnva1.i.d, such judgment sha11. not affect, ~ir or inv&1i.date the remaining provisions of this OrdLna.nce, i.t be1ng the Lnte:nti.on that the various provision& hereof are eevera..b1.e : Section 5. Thi...& Ordi..nanc:e, after i.ts fi.na1 passage, sha1.1 be recorded Ln the City Ordi...:nance Book kept for that purpose, sha11 be authenti- cated by the signatures of the Mayor and City C1erk, and sha11 be pub1ished i..n the ENGLEWOOD HERALD SENr:rNEL, a newspaper of gene..ra.l.. c:i.rcu1ati.on pub1i.shed in aai.d City, -ithin seven (7) days after ita fina1. paaaaqe, and :sha.11 be and reaa..i..n i.rrepea..1a.b1e u.nt.i.l.. the a..eseaaae.nt.• hereby -.ade aha.11 be paid i..n ru11 . Xntroduced, read i.n fu11 and paaeed on first reading th• 22nd day o~ February, ~972. Pub:J.i•hed -.. a Bi.11 :ror an Ord.i.na.nce on th• 24th d..ay or Peb.rua..ry, 1972. 2 -Mayor • -- • • • • Attest: E x OfficLo C ity C1erk X, Wi11iam L . McDivitt, do hereby certify that the above and forego~g La a true, accurate and comp1ete copy of a Bi11 for an Ordinance, introduced , read in fu11 on the 22nd day of February, 1972 , and pub1ished in fu11 on the 2 4 th day of February , 1972- Ex Off~cLo C1ty C~erk -3 - • • • - • • • 1. • AGENDA FOR REGULAR COUNCIL SESSION FEBRUARY 22,. 1972 Minutes. (a) Special meeting o f Janu.a..ry 24, 1972. r:nttted herev.rith .) (Copies g~:J c-, /\ ,_ ._. :c."V-,. (b) Regular 1neeting of February 7, 1.972. mltted herewith.) • <.O F" (Copies trans-i_ '"'-Ll..-·" Oo ~ 2.. Pre-scheduled citizens and visitors .. (a) Recognition of "special guests" o.( the Council .. (b) 1\tt._r .. :r..'l .. lVL .. Su.m.rners, 31.40 South Delaware Street.. will be present todiscuss X-rated movies in Englewood.. 3.. Com:r:nunlcattons -no action required .. (a) Minutes of the Planning and Zoning Com.mlsslon meeting of January 1 8 , 1972.. (Copies transmitted herew-ith .. ) (b) Minutes of' the 'Workable Program Citizens Co:rn.n:llt::tee meeting of Februa.ry 10, 1972.. (Copies transmitted herewith.) (c) .1\'llnutes of th e Parks and Recreation Com_rnission mee·ti.n.g o£ February 9, 1972.. (Copies transmitted herewith .) (d) Minutes o.f the Water and Sewer Board o.f February 15. 1972. (Copies transmitted herewith.) (e) Year-ending financial report of t.be Firemens' Pension Fund. (Copies transmitted b erey,rlth ,. ) (£) Year-ending ft.n.a.nclal report of tb e PollceYnen..s' Pension Fund.. (Copies transmitted berewlth.) (g) Financial report. for the month of January . (Copies transmitted herewith.) (b) Memorandum to IVlr. Sta.n_Iey H . Dial. City Manager . lrom Mr. Wm .. L .. McDivitt. Assistant City M.anager. regarding review of Boulder sales tax refund. property tax refund. and special assessment deferral programs . (Copies tra..n.sYnittecl herewith.) 4.. ComD'lunications -action recommended. (a) Recommendation from the Parks and Recreation Com.r:nlssion that an agreement be entered into with Phelps-Brauer and Associates. Inc. fo:r professional services on prelimi..na..ry master plan of a goU course. (Copies tra..n.smitted herewitl1.) (b) ~l.emorandu.m from Flre Cbfe.C Wm .. A. HamUtoo. to Mr. Stanley H. Dla.l. City Manager. recommending the purchase o.C the Jacobs Engine Brake for the ••tele- squlrt·· pu.m.pl.n,g apparatus .. (Copies transmitted here- with.) (Contlnued) • • • • '32xl • • • • AGENDA FOR REGULAR COUNCIL SESSION FEBRUARY 22., 1.972 Page 2 4.. Com.rnunicatlon_s -action r ecoD'l..JDeo.ded.. (Continued) (c) Meua.orandurn recommending award o£ bid for al~ storage tanks. (Bids were opened on February 1.6. 1972 ... ) (Copies transmitted herewith ... ) (d) Resolution co"ID...IItending the service o.! Messrs. Ebner E .. Schwab, Leonard A. Robolun. and John C. K.reillog for service on the Water and Sewer Board. (Copies trans-mitted herewith .. ) (e) Men:aora.ndum from the Cha.irUlan o.C t:he Water and Sewer Board recom.IDendlng pa..rtictpatlon in the Denver Regional Water Quality P"la.n. Managem.ent Coordinating Group.. (Copies transmitted herewith .. ) (f) :r.!.entora.ndur:n from M:r .. A .. R-Bessette. President of the Colorado Municipal League. reconunendlng f:tnanclal support to the League in their pa.rtlcipatlon in the P. U .. C .. bearings on the proposed Mount.a.ln. Bell telephone rate increase .. (Copies tra.nsrnit:ted herewith .. ) 5.. City Attorney .. (a) Ordt.n.an.ce on final. reading creating Paving District No. 21. (Copies previously tra.nsmltted.) (b) Bill for an Ordinance assessing costs 011 Sidewalk District No. 71. (Copies transmitted herewith.) (c) AttornP-y's choice. 6. City Manager. (a) Resolution aut:h.ori.z.ln.g the notice o1: completion of" Paving District No. 20 to be published and calling for a public hearing. (Copies tra..ns-:rnit:t.ed herewith. .. ) (b) Request [or Fire Chief Wm .. A. H&.YDilto:n and Captain Del McCarty to attend the 44th .Annu.a..l Fire Department Instructor's Coo..f:erence ln Kansas City. M_iss ourl. on March 14-17. 1972. (c) Manager ·s choice. 7. Recognitl()D of non-scheduled cltl%.en.s and visitors. B .. General discussion .. (a) Mayor's choice .. (b) Coun.cilman.'s choice • 9. Adjournment.. STANLEY H. DIAL City Manager SHD/lj # 7 • • • ,32X • • • AGENDA FOR REGULAR COUNCIL SESSION FEBRUARY 22,. 1.972 8:00 P .. M.. Call to o rde r,. invocation by the Rev .. Bruce G .. Currier of the Hampden Hills American Baptist Church,. pledge of allegiance led b y Pac k No .. sa. and roll can .. 1.. Minutes .. (a) SpeciaJ m eeting o£ January 24,. 1.972.. (Copies trans- mitted berevvit:h .. ) (b) Regular tneetin.g of February 7 • 1972. (Copies trans- mitted herewith .. ) 2 .. Pre-scheduled citizens and visitors .. (a) Recognition of ·•special guests•• of the Co\.D'l.cil .. (b) Mr .. M. .. 1\'l .. S u:rnmers,. 31.40 South Delaware Street. will be present todiscu ss X-rated movies in Englewood .. 3 .. Communications -no action required . (a) Minutes of the Planning and Zoning Com..mlssio:n meeting oC January 1.8. 1.972 . (Copies transmitted herewith .. ) (b) Minutes of th e Workable Program Citl.z.ens Conu:nittee meeting oi: February 1.0 ,. 1.972.. (Copies tra..nsmitted herewith.) (c) Minutes of the Parka and Recreation Commis sion meeting of February 9 ,. 1.972.. (Copies transmitted herewith .. ) (d) Minutes of the Water and Sewer Board of February 15,. 1.972.. (Copies transmitted berewlth .. ) (e) Year-ending financial report of the Flremens' Pension Fund .. (Copies transmitted herewith .. ) (f) Year-ending :financlaJ report of the Pollcemens• Pension Fund .. (Copies transmitted herewith. ) (g) Financial report £or the month o.f January .. (Copies transmitted h e r ewith .) (h) Memorandum to ~-Stanley H .. Dial., City !1.1.a.na.ger . Crom l\1r. 'Wm. L .. :r.-.'lcDfvitt. Assistant City 1\.'l.anager ,. regarding review of Boulder sales tax refund. property tax refund,. and special a.ssessmen~ de:ferral prog:ra.DJ....S . (Copies tr a..n.s mlrt.ed herewl th. ) 4. Communic ations -action recommended .. (a) Recommendation from the Parks and Recreation Com.rnlsslon that an agreement b e entered into w-ith Phelps-Brauer and Associates. Inc .. for pro.fession.a.l services on prelimln.a..ry master plan of a golf course .. (Copies tra.n.sm itted herewith .. ) (b) l\1.emorandurn from Fire Chte.£ W m .. A .. Ha.xnlltoo to Mr .. St.a.nley H .. Dial,. C lty Manager. recoDl..Dl-e:nd.l.D& the purcha..se o:f the Jacobs Enctne Brake fur the '"tele- aqutrt•• pu.z:npl.ng apparatus.. (Coplee trane:rnltted bere- '"'lth.) (Continued) • • • I' 32X - • • AGENDA FOR REGULAR COUNCIL SESSION FEBRUARY 22. 1972 Page2 4.. Comrnunication.s -action. recoDU:nended. (Continued) (c) MeD10:ra.n.du.rn recon:unendtng award of bid for aluxn storage ta.n.ks. (Bids "Were opened on February 16. 1972. ) (Copies tra.ns-rn lt:ted herewith. ) (d) Resolution couu:n.E!n.dlng the service of Messrs. El:m.er E. Schwab. Leonard A. Robohrn. and John C. K.reUJ...og ~or service on the water and Sewer Board. (Copies transmitted herewith.) (e) MemorandUDJ. £rom the Chalrm.an o~ the Water and Sewer Board recox:n.Dl.e:n.dln.g participation in the Denver Regional Water Quality Plan Management Coordinating Group. (Copies transmitted herewith .. ) (f) MeYnora.ndUD1 £rom M.r. A. R. Besse·tte. "President: of the Colorado Municipal League. recom:m.endln.g flnancla.l support to the League ln their participation ln the P. U . C .. bearings on the proposed Mount:a.ln. Bell telephone rate increase. (Copies tra.o.a:m.ltted herewith.) s. City Attorney .. (a) Ordinance on final. reading creating Pa.vln.g District: No .. 21. (Copies previously transmitted.) (b) Bill for an Ordinance assessing costs on Sidew-alk District No. 71. (Copies tra.nsmlt:ted herewith.) (c) Attorney's choice. 6 .. City Manager .. (a) Resolution authortzl.ng tbe notice of con~pletio:n o:f Paving Dlstrlct No. 20 to be publlshed and c .al.llng for a public hearing. (Copies trane::mitt.ed. herewith.) (b) Request ~or Fl.re Chle.f W:m.. A. H&.n'lUton and Captain Del McCarty to attend the 44th Annual Fire DeparO:nent tn.st:ru.ctor•s Cou..feren.ce in Kansas Clty. Missouri. on March 1..4-17. 1972. (c ) M.anager•s choice. 7.. Becog:nltt~ o:f non-scheduled cltl.z.ens and visitors. General dlscusston... (a ) :r..t.ayor •s choice. (b) Couo.ctU:nan's choice. 9.. Adjourn.Inent. STANLEY H. DIAL City Manager SHD/tj # 7 • • • -· r 32xl • • • AGENDA FOR REGULAR COUNCTL SESSION F EBRUARY 22,. 1972 8:00 P.M . Call to order. invocation by the Rev . Bruce G ... Currier of the Hampden Hills A.merican Baptist Church,. pledge of allegiance led by Pack No . 58,. and roll call ... 1 . J\.1:lnutes ... (a) S pecial meeting o.f January 24,. 1972. (Copies trans- mitted herev...-fth .. ) (b) Regu1ar meeting o'f February 7. 1972. (Copies trans- mitted herewith .. ) 2 . Pre -sch eduled cit izens and visitors ... (a) R ecognition of ·•special guests•• of' the Council ... (b ) Nlr. M ... l\1.. .. Summe rs. 3 140 South Delaware Street,. will be present todlscuss X-rated movies in EngleW'ood .. 3. Com..munlcatlons -no action required. (a) Minutes of the Plan..nlng and Zoning Com.mlssion meeting of January 18,. 1972... (Copies transmitted herewith. ) (b) Mlnutes of the Workable Program Citi.ze.ns Co:rnrnittee meetlng of February 10,. 1972. (Copies transmitted herewith. ) (c) Minutes o.f th e Parks and Recreation Com_rnission meeting o.f February 9,. 1.972... (Copies transmitted herewith .. ) (d) 1\'llnutes o.f the Water and Sewer Board of February 15,. 1.972.. (Copies transmitted herewith. ) (e) Year-ending financial report of the Fl:re.mens· Pension Fund. (Copies transmitted here "'-tth.) (f') Year-ending .financial report of" the Police:m.ens' Pension Fund. (Copies transmitted bere..,-t't.h....) (g) Financial report for the month o.f January. (Copies transmitted herewith .. ) (h ) l\1 emora..ndu.rn to Mr. Stanley H. Df.a.J. Clry M..a.nager . from 1'\.ltr. WID. L .. Mc.Dlvitt.,. As sistan t City ~.,_ana.ger. regarding r eview of Boulder sales tax re£u.nd.., property tax re:fund • an.d special assessrneo.~ deJ:erral p:rogra..sn.s. (Copies tra.nsm irtecl h erewith.) 4.. Cor:nmunfcations -action recom.lTlended. (a) Recommendation from the Parks and Recreation Commission that an agreement be entered into with Pbelps-Brauer and Associates. Inc .. for profession.a..l services on preliminary master plan of a goU course .. (Copies transmitted herewith.) (b) Memoranduzn from Fire Chie1' WDl. .. A. H&..Dl.t.lton to Mr. Sta.n.ley H. Dial,. City Manager,. recolll.Dl.endtng the purchase of the Jacobs Engine Brake for the ••tete- squirt•• pumping apparatus. (Copies transmitted here- with.) (Continued) • • • /'32X • • • • AGENDA FOR REGULAR COUNCIT.. SESSION FEBRUARY 22, 1972 Page 2 4 . Corn.rnunications -action r ecommended. (Coo:tinued) (c) M e DU>:ra.ndUJD reco:r:nm.end~ award of bid for alUDl storage tanks.. (Blds were opened on February 16, 1972 .. ) (Copies tra.nsm.ltted herewith.) (d) Resolution couu:n eodl..ng tbe service of Messrs .. Elm.e r E. Schwab, Leonard A. Robolu:n, a.n.d John C .. Kreiling £or service on 'the 'Water and Sewer Board. (Copies tra.n..sm.ttted berew·ttb.) (e) MexnorandUID. from the Chalrm.an of the Water and Sewer Board recomme:ndl.ng pa.rtlclpatlon in the Denver Regional Water Quality Plan Ma.nage:r:nent Coordinating Group. (Copies transmitted berev.rtth .. ) {f) MeD'l.o:randu..m from Mr. A. R. Bessette, President of the Colorado M\.Ul.lclpal :r...ea.gue, reco'!D...D1endin.g flnanclal support to the League t.n their pa.rtfclpatlon in the P .. U .. C. hearl..ngs on the proposed Mountain Bell telephone rate tncrease. (Copies transmitted herewith .. ) 5... City Attorney. (a) Ordinance on final reading creating Pavlng District No. 21.. (Copies previously tra..nsmitted ... ) (b) Bill for an Ordlnance assessing costs on Sidewalk District No. 71.... (Copies tra..nsmitted herew-ith.) (c) Attorney's choice ... 6 ... City Manager .. (a) Resolution authorlzin.g th e notice of completion o:f Pavl.ng District No. 20 to be publlshed and calling for a public hearing.. (Copies transmitted herewith.-) (b) Request Cor Fire Chief 'Wm ... A ... Ha.m.llton and Captain Del McCarty to attend the 44th .Annual Fire Depa..r-t::rnent. Instructor's Conference ln Kansas City., M.lasourl,., on M_a.rch 1.4-17., 1972 ... (c) M.anager•s choice. 7.. Recognition of non-scheduled citizens and visitors ... 8... General discussion. (a) M.ayor's choice. (b) Couuctlm.an 's choice • 9. Adjournmen.t: • STANLEY H.. DIAL Clty Manager SHD/lJ • • • r 32x