HomeMy WebLinkAbout1974-12-02 (Regular) Meeting Agenda Packet•
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I TY COUNCIL EETI G -Reg lar
December 2 , 1974
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AGENDA FOR
THE REGULAR MEETING OF THE
ENGL9'JOOD CITY COUNCIL
DECEMBER 2, 1974
8:00 P.H. Call to order, invocation by Dr. Helen V. Walker, Esoteric
Truth Center, 130 East Girard Avenue, pledge of allegiance
led by Cub Scout Pack #58, and roll call •
./ 1. Minutes.
J (a) Minutes of the regular meeting of November 18, 1974.
(Copies enclosed.)
2. Visitors.
J 3.
,/ (a) Hr. Emmett Curry, President of the Englewood Chamber
of Commerce, will be present to mak a request for
funds for 1975. (Copies enclosed.)
(b) Other Visitors .
COlllllWlications -No Action commended.
(a) Minu tes of th Planning and Zoning Coaaiasion -•ting
of October 22, 1974. (Copies enclosed.)
J (b) Minutes of the Parks and creation C:C-im•ion -•ting
of Nov r 14, 1974. (Copies enclosed.)
(c) orandwa from the Director of Public Work• outlining
th •chedule of propo• d pavi1"19 district 22. (Copi •
enclosed.)
../ (d) ormn fr th Director of Public Woru ou lining
th •ch dule for th Sid lit 1-pro t Oimtrict 74.
(Copi s enclos d.)
<•> •olu ion fr
r c
th
icipal Pinanci.al O fie n
of Pin&nce for
A rd for
cl0tted.)
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December 2 Agenda
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/ s.
Communications -Action Reccxrunended.
(a) Memorandum from the Director of Public Works dis-
cussing street rights-of-way in the Northwest
industrial area. (Copies previously transmitted
in the November 18 agenda packet.)
b) Minutes of the water and Sewer Board meeting of
November 19, 1974 with the following recommenda-
tion: A year extension of City ditch agreement
with the Denver Wa ter Board. (Copies enclosed.)
v{c:) Memorandum from the Director of Public works re-
garding Federal Aid -Urban System. (Copies
enclosed.)
City Attorney.
/(a) Ordinance on final reading implementing the letters
of understanding for 1975. Ordinance relates to
promotions, annual leave, sick leave, injury leave,
official holidays, aalariea, longevity and retire-
ment plan benefits and declaring an emergency.
(Passed on first reading on November 18.)
(b) Bill for an Ordinance increasing liquor occupational
f es. (Copies enclosed.)
v <c> solution .. king finding of fact and concluaions
relating to th S&nta Fe and Union Annexation. • ->
(Copi s of transcript of public hearing enclosed.)
(d) Attorn y's Choic •
• 6. City Manager •
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r.
(b) R 4 for a project ich
s c
(Copi
(c) na r's
Contact r.
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December 2 Agenda
7. General Discussion.
(a) Mayor's Choice.
(b) Council Member's Choice.
8. Adjournment.
City Manager
AM/sc
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RESOLUTION NO. 53, SERIES OF 1974
A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING
TO ANNEXATION PROCEDURE AFTER REQUIRED HEARINGS .
WHEREAS, the City of Englewood, Colorado, commenced
proceedings for annexation of land totaling 183 aires, more or
less; and
WHEREAS, the Colorado Municipal Annexation Act of 1965, as
amended, requires the annexing municipality to hold a hearing and
make certain findings, conclusions and determinations; and
WHEREAS, due notice as required by said statute has been
given for said hearing.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO, as follows:
Section 1.
That the City Council of the City of Englewood finds,
concludes, and determines that the applicable requirements of
Section 4 of the Municipal Annexation Act of 1965, as amended,
have been met and that the territory to be annexed was and is
eligible for annexation to and by the City of Englewood.
In making its conclusion and determination, the City
Council has reviewed all the evidence, testimony and exhibits
presented at that certain public hearing held on September 10,
1973; all exbi its offered at a bearing held in the District
Court in and for the 18th Judicial District before the Honorable
Marvin W. Foote, District Jud e; and da a relating to all matters
in connection wi b he annexation. Fur her, additional testimony
and exhibits were presented to the City Council at public hearinc•
pursuant to a further Order of the District Court. Said hearinca
occurred on Sep ember JO, 1974, and Octobe r 14, 1974, and obJec ore
were pr sent pres nt1n evidence a a1ns the annexation. Said
earin 1 were held after du notice wae published in a le al
n wepa er loca ed in ln le wood, Colorado, which waa alao purauant
o Cour Ord r. Aa a re1ult hereof, and in complianca with h
Order of Oiatric Cour , and hav1 reaolv d eny conflic a in
he evidence and da a preeen d, h• tollowin specific tindinca
are mad :
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1. That more than a two-th irds contiguity for not less than
three years exists between the present boundaries of Englewood,
Colorado and the then proposed newly annexed • area; The City Council
specifically finds that there is 69.884% contiguity based upon the
testimony of the City Engineer and after review of all maps, deeds
and other data used in drawing sai d boundaries on an illustrated
annexation map. The City Council rejects the testimony of a sur-
veyor that there was less than two-thirds contiguity between the
limits of Englewood and the annexed area.
2. No land area of 20 acres or more with an assessed valua-
tion of $200,000.00 or more for land or structure or both for ad
valorum purposes for the year next preceding this annexation has
been annexed.
J. No additional terms or conditions are to be imposed
on the newly annexed area which would require an election.
4. No land held in identical ownership has been divided in
establishing the boundaries of territory annexed as of the date of
the Resolution to annex, which was passed on July 16, 1973. Council
notes that land purportedly conveyed by Dorsey Hall, Jr., Alonzo C.
Hall, Howard H. Hall and Eleanor Hoagland to Hall Land and Leasing
Co., Inc. on July 3, 1973, by Warranty Deed dated that date and
acknowledged and recorded on July 5, 1973, was ineffective in that
one Rose L. Weeks was the true owner. The City Council received a
letter and information from Rose L. Weeks by her attorney Robert
Wham of t he case of Hall vs. Brannan Sand and Gravel Com any, 158
Colo. 201, 405 P2d 74 , n wh ch the upreme Court ru e that said
land belonged to Rose L. Weeks and not to the conveyors or conveyees
of said Warranty Deed. Also, the District Court of the County of
Arapahoe, State of Colorado entered judgment in favor of Rose L.
Weeks as o wner of said property in the consolidated cases of Weeks
vs. Hall, Civil Action No. 23 469, and Hall Land and Leasing Co~c.
vs. Weeks, Civil Action No. 2J568 , s id rea being all that part of
the NE f of the NE! o f said Section 8 lying North and West of the
channel of the South Platte River which wa s o wned by Mrs. Week• aa
of July 16, 197J. Council fur er finds that tbe said Rose L.
Weeks conveyed said proper y by arranty Deed dated October 19,
1973, to one Paul T. Van inkle, recorded October 19, 197J, in the
records of the Record r of rapahoe County, in Book 2180 a pa 421.
y Council no • that a De d
a le a le o Dor1ey Hall, Jr., Hall,
Ho ward or Hoacl• d, was ineffectiv date or ecau e said D ed was ac nowl d ed on
July 20, 1973, and record d uly 2J, 1973. A Warranty D ed froa
La r • Hun er o Dora y Hall, Jr., Alonzo C. Hall, Howard H.
Hall and leaner Roa l nd was alao ineffec iv on th d• of h
Reaolu ion o a x 1ince h ••• w1 1 ac nowled ed on July 20,
1973 and r cor ed July 2J, 197J.
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From additional testimony and exhibits submitted at the
latest public hearings of September 30, 1974 and October 14, 1974,
the City Council finds that land to the North and .West of the
annexed area belonged to one Rose Weeks at the time of annexation
and adjacent to land belonging to Peter Kiewit and Co. was not
divided in and out of the City. The boundary line of the Northwest
side of the Peter Kiewit land and the annexation line are one and
the same so as not to divide the Rose Weeks land. The City Council
rejects the testimony of the surveyor appearing on · behalf of the
objectors in that land on the Southeast side of the South Platte
River beyond the boundary line of a Peter Kiewit and Co. Deed in
1951 makes said land Rose Weeks' land.· The City Council finds that
a title policy (City Exhibit No. 2.) by the Fidelity National Title
Insurance Company indicates ownership of said area by Peter Kiewit
and Co.
Further, the City Council finds that there is no division of
land belonging to Hall Land and Leasing Co., Inc, in and out of the
City which is adjacent to Rose Weeks' land on the South side. The
Council finds that there is no credible evidence of division from the
testimony of a surveyor presented by the objectors concerning the
true thread of the river wherein a division of the Hall Land and
Leasing Co., Inc. land was divided by the annexation boundary line.
5. City Council finds that the railroad l and allegedly
divided by the annexation, is joined because said railroad land is
in the City of Englewood on t wo sides and the annexation of the
railroad land in the newly annexed area joins said railroad land
on b ot h sides.
The City Council f inds that the original city limits line
or Englewood, Colorado, and the adjacent annexation boundary line
on the West or the railroad land is one and the same and that there
was no space in between said railroad land and the original city
limits line.
6. The City Council finds that extensive hearings occurred
wherein any party in interes had ample opportunity to make inquiry
by cross-examinat ion and to preaen any and all materials either for
or against the proposition or annexation aa refl cted in the Resolution
to annex and that said hearin& was duly conducted in proper form
accordin to law .
Section 2.
Th City Council or th City of En 1 wood furth r finds,
concludes and d ter in s that no annexation laction is required in
said ann xa ion.
S otion J •
That the Clark or tb
affix the a al or th City or
wood shall attest and
h 1 r solution and that
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publication of this resolution is required.
ADOPTED AND APPROVED this 2~ day of
ATTEST:
ex officio city Clerk -Treasurer
I, Karl Nollenberger, ex officio City .Clerk -Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of the
Resolution No. 53, Series of 1974.
ex -Treasurer
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD , COLORADO
December 2 , 1974
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County , Colorado , met in regular session on December 2 , 1974 ,
at 8 :00 P .M.
Mayor Taylor , presiding, called the meeting to orde r.
The invocation was given by Dr . Helen B. Walker ,
Esoteric Truth Center , lJO E . Girard Avenue . The Pledge of
Allegiance was led by Mayor Taylor .
The Mayor asked for a roll call . Upon the call of the
roll, the following were present :
Blessing .
Council Members Jones, Brown, Clayton , •aylor , Sovern ,
Absent: Council Member Mann .
The Mayor declared a quorum present .
Also present were: Acting City Manager Waggoner
City Attorney Berardini
Director of Finance Nollenberger
D:l:<reetep gf Yi111ti1 ea Carro ll_
Director of Utilities Carroll
Councilman Clayton stated that it sho ld be in the minutes th t
Councilman Mann wa s in Houston, Te xa s , on city business.
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COU CILM.AN SOVER MOVED AND COUNCILMAN BROWN SECO DED
A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER
18 , 1974 . Upon the ca 1 of th roll, the vote resulted as follows:
Ayes: Co ncil M b ra Jones, Brown, Clayton , B
Sov rn, T y or .
N ya: on •
Abs nt: Council Member Ma n.
T Mayor t e motion arried.
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Mr . Emmett Curry , President of the Englewood Chamber of Commerce ,
was present to make a request for funds for 1975 . Mr . Curry
asked that $10,000 .00 be contributed from the City for the
suppo t t of the Chamber of Commerce . He stated that the Chambe r
provides many se rvi ces for the benefit of the City, and that they
were in the midst of preparing the budget for the 1975 calenda r
year .
Councilman Clayton stat ed that he was not sure that all
of the services that the Chamber provides were clea rly delineated .
He felt that the Chamber needed to point them out for the benefit
of the City and the citizens .
Mr . Curry stated that JO percent of the Chamber 's
was devoted to City-wide community information a t tivities .
Chamber was a liaison between the city and the businessman .
stated that there were innumerable things which the Chamber
involved in to the benefit of the City as a whole •
.:Z==
budget
The
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Councilman Sovern stated that he would like to see the
Chamber of Commerce and the City in a coalition to bring together
the types of businesses in the community . He felt that there
should be some point at which the Chamber would make a stand on
the City development, hopefully in conjunction with the City . He
further stated that there is $15,000 .00 in the Council's budget
, f-0!' 1975 for aid to other agencies, and all of these agencies
eerv the -{;i -of nl:gewomi-wett
serve the City of Englewood well . Some of the serfi ces in next
year 's budget will probably not be accomplished due to the
economics of the situation , and the more money which the City
giv s away at this time to outs id agencies, the less services
wo ld be provided .
Councilman Blessing stated that he fel t the Chamber had
don a fine job in the pa s t, but that the City Council is sitt ing
on a tight bug get and should be conside rate o f it .
Councilman Brown stated that the telephone se rti ce
provided at the Chamber is approximat ly $ ,000 .00 . He f lt that
usin this figure aa a City con ribution could b justifi ble •
Mayor
ha don a ood
start with the
and s how th
mor •
Taylor stated tha e Council felt th Cha b r
Job in th past, and that the Co nc11 ne ded to
,,000 .00 , which h d been ar arked for th C amber ,
b t w rk o t in the f b fore contribu ing
Council• n Jones stated
well in the past . He felt th t t
co nity n eded to be coor inat
wit h City in or r to ev lo
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COUNCILMAN BR OWN MOVED AND COUNCILMAN C~Y~ID 9 SEC ONDED
A MOTION T O GIVE $6 ,0 0 0 .0 0 , ~6 THE ENGLEWOOD CHAMBER OF COMMERCE
IN THE YEAR 1975 . Upon the call of the r o ll , the vote resulted
as f o llows:
~-
Taylor .
Aye s : Coun c il Members J o n es ,pc1ayt o n, Br o wn , Bless i n g,
Nays : Cloncil Member S o vern .
Absent : Council Member Mann .
The Mayor de c lared the motion carried .
Co u nc ilman Blessin g c au t i o ned th e Co i.nn~ll on th over -
all aid to o ther agencie s budge t ed a t $1 5 ,000 .00 , statin tha
$1 ,000 .00 f o r ea c h agen c y whi c h c ame i n , in addition to what wa
o rigi n a ll y budgeted, c o uld hurt t h e o ver all bud e s bs antia
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Mr. Sam Flohr, P r esident of Metal Fabricator , a ear d
b efo r e Counc i l . He stat e d that he was rep r esentin th lnduatr1
Council of the Chamb e r o f Co mm erce .
Counc i l be gan discussion of a memo r andu from the
Di r ector o f pub l i c Wo rk s discuss i n str et r ighth-of -w ay in the
no r thweste r n in d ust ri al a r ea . Mr . Floh r stated that the pavin
sect i on on the dia g ra enclosed in Mr. Wag one r's memo r andum was
the most f aai b le way fo r cu r b sections in the minds o f chamb er
members . He ga v e r easons f o r th a p o r t o f t he f le xi ble c urbi ng .
Di r cto r o f Public Works Wa gone r sta t e d that t h e wi dth
o f the cu r b was the sa me a the aid walk in most a r eas , but was
sloped a little f r ther .
Councilman Sovern inq ired whethe r a mot i on was nee s r y
to tak care of this , or •h• er an ordinance wo u ld be r equi r d to
a ow this st ndard chan
a motio
distri
ar as,
Director o f Pub lic
wo ld pr bably
t se . He fel the
rath r tha Ju t the
eneral di cussion of t
e6 e b h a ta he df • a t felt
, e pecially in the pavin&
was after it for all ind s rial
paving district .
topic w s pursued .
Co ncilm n Jones s aested th t a motion include a
re est for n lrdinance if it was necessary for furth r taf f
f ollo -u •
COU CILM.A CLAYTO MOV D A D COU NCIL M.A JO N S S!BOIBllD
A MOT IO TO ACCEPT THE R COMM NDATION 0 TH I OUSTRIAL COU NCIL
0 TU CHAMB R OF CO RC , ALLO I 0 FO TH! PAVI NG 0 A 44 -FOOT
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WIDE STREET FROM FLOW LINE TO FLO W LINE , THE 60 -FOOT RIGHT -OF -
WAY BEING UTILIZED , AND THE CURB AND GUTTER INSTALLATION OF A
CONTINUOUS CURB CUT SECTION . Upon a call of the roll , the vote
resulted as follows s
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Ayes : Jones , Sovern, Clayton , Br own, Blessing , Taylor.
Nays: None .
Absent : Council Member Mann .
Th Mayor declared the motion carried .
COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED
A MOTIO N TO REQUEST THE DIR;:tT !BR OF PUBLIC WORKS AND THE CITY
ATTO RNEY TO INVESTIGATE REQUIREMENTS IN THE ORDINANCES OR RESOLU -
TIOI 01 THE RECOMMENDATIONS OF THE INDUSTRIAL COUNCIL OF THE
CHA MBER OF COMMERCE , AND TO DRAFT AN ORDINANCE, IF NECESSARY , TO
ALLO FOR THIS RECOMMENDATION . Upon a call of the roll, the
vo res lted as follows:
AYES: Jones, Sovern , Clayton , Brown, Blessing, T~i~D r .
Nays: None .
Absent: Council Member Mann .
Th Mayor declared the motion carried .
COUNCIL MAN SO VER N aeU EDO IN DI CIU NCJLJUS i i GES S ~BB D SB ECO N DEOD )
A MOTI ON TO REQUEST THE PLANNING AND ZO NING COMMISSION TO STUDY
OFF -STREET PARKING STANDARDS IN THE INDUSTRIAL AREAS . Upon ~call
of the r ol~, the vbo9eresulted as follows: --
Ayes: Council Members Jones, Sovern, Clayton, Brown,
Ble ss ing, Taylor .
Nays: None.
Absent: Council Member Kann •
Th Mayor eclared the motion ca rried.
Mr. urice M r lin , 6 8 So . Sh rman, appear d before
Council . H inq ired as to wheth r the cost o r tha n le wood
D wa comi in o ri in l estimate #
M yor T ylor re 11 d in th affirmative •
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Mr. Merlin stated that no Council Mem b e r at the pr ev i ous
meet i ng had informed the audience that the tax le v y had been
p r ev i ously certified to the County . Due to the p r evious ce r tifi -
cation , the discussion for Council had been fruitless . He also
suggested that the Council declare a moratorium on new hiring for
the first three months of 1975 , until the economic situation in
the country pans out . The only exception he suggested would be
the Police and Fire Departments .
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Mr . Oliver Giseburt , 3171 So . High , appeared before
Council . He stated that the country was in the midst of a recession ,
the City had just undergone a recall election with a great concern
for the elderly individuals , and the City Councilmen now turned
around and raised ~the taxes on them . He also does not feel that
the Council would bail out other social clubs in the City such as
they •ust bailed out~the Chamber of Commerce .
Mayor Taylor stated that he felt everybody was ru~i ing
a little scared at this ~ipoint , seeing a recession and inflation
at the same time . He felt that just because expenditures were
provided in the budget for~l975 did not mean that they would be
spent .
Acting City Mangger Waggoner state that of the $276 ,000
revenue provi ed by the 3 mil property tax increase , $245 ,000 would
be going too he Police and Fire items .
record .
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The following communications were received for the
Minutes of the Pl nnin nd Zoning Commission
meting of October 22 , 1974 .
Minutes of the Parks nd Recreation Comm1 sion
m tin of Nov mer 14 , 1974 •
Th
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Councilman Sovern stated that the Council should
not pave alleys until such time as there is a successful
petition to allow for the request .
Acting City Manager Waggoner stated that the petitions
had not been turned in as of this time on any of the alleys .
Four had been taken out .
COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO REMOVE THE FOUR ALLEYS WITH UNSUCCESSFUL PETITIONS
FROM THE LIST FOR INCLUSION IN THE PAVING DISTRICT .
A general dd 1cussion ensued .
COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO AMEND THE MOTION TO REMOVE ALL ALLEYS FROM THE
PAVING DISTRICT .
Councilman Brown stated that he did not feel that this
was the appropriate time to eltdululaae eanything from the proposed
district , but rather it whould be done after the public hearing .
Councilman Sovern stated that the method being utilized
allowed for a negative reaction on the part of the people rather
than a positive one . He felt that they should be allowed to
petition to be included in the district, but that they City should
not push the issue .
A vote on the amendment of the motion was then undergone .
Upon a call of the roll , the vote resulted as follows:
Ayes: Jones, Sovern , Brown, Clayton .
Nays: Blessing, Taylor .
Absent: Mann .
The Mayor declared the motion passed .
A vote on the original motion w s then undergone .
U on a call of the roll , the vote resulted s follow :
Ayes : Council Members Jones , Sover , Brown , Cl yton .
Nays : Council Member Bless1n , Tylor .
Ab n Council Mm er M nn.
Th M yor cl r d th
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Counc ilman Clayt on in quqired a s t o what t he o bliga tion
o f t he Cit y i n the No rthwest En g l e woo d area was . Actin g Ci t y
Man ager ~agged e n h a tated that the City had obligated itself t o
includ i n g t he West Vassar portion included on the memorandum i n
the next p avin g di s tric t , ho p e f u lly i n 1975 . There were n o o the r
commitm ent s b y the Cit y at t h i s time .
May or Taylor e xpr ess ed concern over the extre me feelin g
prevale nt t ha t all items sh o uld b e stopped due to the economic
situation . He f elt that the City mu s t continue to progress in the
future .
re c or d :
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The fol l o wi ng communications were received for the
Mem or annd um f rom the Dire ctor o f Pu blic Wor ks
outlining t he schedu l e for the Side wa l k I mprovement
Di str i ct #7 4 .
Resolution from the Colorado Mu n icipal Financial
Officers Association commending the Department of
Finance for receiving the Certificate of Conformance
Award for the Annual Financial Report .
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The Council received the minutes of the Water and
Sewer Board meeting of November 19 , 1974 , with the follo wing
recommendation : a one -year extension of the City Ditch agree -
ment with the Denver Water Board .
Director of Utilities Carroll stated that the City
had taken over the City Ditch n 1970 , and that Denver ha
gotten water throughll973 ' Washington Park and Denver
Country Club usage . They still have not come up with an alter-
nate water source for the Denver Country Club , and needed to
e xe o d dthis agreement for an additional year . The City would
ch rye D nv r Wat r Board n amount of money equal to the pump-
ing costs for th w ter iverted . A general discussion was
COUNCILMAN SOVERN MOVED AND COUNCILMAN B OWN SECONDED
A MOTION TO APPROVE A ONE -YEAR EXTENSION OF THE CITY DITCH
AGREEMENT WITH THE DENVER WATER BOARD . Upon c 11 of the rol •
th vote result d s follows:
Ayes: Council M rnb rs , Jone • Sovern , Cl yton ,
Brown, le 1ng , T ylor .
N ya: Non .
A nt: Council M rn r M nn .
Tt yor th mo io c rr1 d .
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Council began discussion of a memorandum from the
Director of Public Works regarding the federal aid to urban
systems program .
Acting City Man g ger Waggoner stated that the ~
agreement was with the State Highway Department on the federal
aid to urban systems . He further stated that it looks like the
Dartmouth-Santa Fe intersection upgrading will be approved
for Federal aid in 1975 . This would obligata the City for one-
third of any project in which they would go into. The current
agreement wa s an over -all one , with the specific agreements
having to be approved by Council as they come up .
COUNCILMAN SOVERN MOVED AND COUNCILMAN ~LESSING
SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN'AGREEMENT ~
WI TH THE STATE HIGHWAY DEPARTMENT REGARDINcr ·FEDERAL AID TO
URBAN SYSTEMS PROGRAM . Upon a call of the roll , the vote
resulted as follows:
Ayes : Council Members Jones , Sovern , Clayton , Brown,
Blessing , Taylor .
Nays : None .
Absent : Councilmlan Mann .
The Mayor declared the motion carried .
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Mayor Taylor c lled a recess at 10 :05 P .M.
P .M. Upon a call
the following were present:
Council M mbers Jones , Sovern , Clayton , Brown ,
Bl in , T ylor .
A sent: Counc1l.lllan nn .
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INTRODUCED A A BILL BY COUNCILMAN SO RN ,
BY AUTHO ITY
ORDINANCE NO . --22._, SERIE OF l 74
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(copied in full in the Official Ordinance Book)
COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING
SECONDED A MOTION TO APPROVE ORDINANCE NO . 55 , SERIES OF
1974 , Upon a call of the roll , the vote resulted as follows :
Ayes : Council Members Jones , Sovern , Clayton , Brown , Blessing , Taylor .
Nays : None.
Absent : Councilman Mann .
The Mayor declared the motion carried .
* * * * *
Counc i l began d iscussion of anb ~rd iii'.an c en ordinance
increasing the liquor occupational fees . City Attorney
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Berardini stated tha t the bill added an allocating ~ for
a partial year occupational tax, but other than that wa s
identical ro the one provided at the previous Council meeting .
INTRODUCED AS A BILL BY COUNCILMAN '""" r-1
A BILL FOR
AN ORDINANCE AMENDING SECTIONS 4 AND 5 , CHAPTER I , TITLE XIII,
OF THE 1969 E .M.C., BY INCREASINGG THE AMOUNT OF THE LIQUOR
OCCUPATIONAL FEE, FOR ALL CLASSES OF OPERATORS, AND AUTHORIZING PROPORTIONAL CHARGES .
COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED
A MOTION TO APPROVE A BILL FOR AN ORDINANCE INCREASING LI UOR
OCCUPATIONAL FEES . Upon a call of th rol , the vote resulted a follows :
Ayes : Council Members Jones , Sovern , Clayton , Brown , Bl ssing, Taylor.
ys: None .
Absent: Councilman M nn .
Th M yor clare the motion pa sed .
I I • I
COUNCILMAN SOVERN MOVED AND COUNCILMA BL SSI 0
SSEO QD0 A MOTION TO RE UEST THE CITY ATTORNEY TO ORA UP
AN ORD! ANC DIFFERENTIATING CLA F OPERATORS , UNDER TH
LI UOR COO , BETWE N THE PACKA 3 .2 BEER OUTLETS, AN T
DRINKI 0 0 THE PR IS s 3.2 BEER OUTLETS . u on c 11 or
he roll t vot r sul s roll w :
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}}!es : Council Members Jones1sovern , Clayton , Brown , Blessing , (JliYlor .
Nays : None .
Absent: Councilman Mann .
The Mayor declared the motion passed .
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Council began discussion of a resolution, making
findings and conclusions relating to the Santa Fe -Union annexations .
City Attorney Berardini stated that the Resolution
set out the findings of facts and that Council had discussed
it at the study session earlier in the evening .
RESOLUTION NO . rz-i. SERIES OF 1974 .
A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING
TO ANNEXATION PROCEDURES AFTER REQUIRED HEARINGS .
(Copied 1n l fu ll in the Official Resola nt~nnBook .)
COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED
A MOTION TO APPROVE RESOLUTION NO . 53 , SERIES OF 1974 . Upon a
call of the roll , the vote resulted as follows:
Ayes: Council Memb r Jone , Sovern , Clayton , Brown , Blessing , T ylor .
ay : None .
Absent: Councilman Mann .
Th Mayor eclared th motion p ss d.
OU CILMA
A MOT10 TO TABL A
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roll, h
yor
Ay Council
T ylor •
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Abs nt: Co
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Jon a , ov rn, Cl yto
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Council began discussion of a resolution to receive
federal aid for a project which was completed in 1967 , the
Chlorine Contact Chamber .
Acting City Manager Waggoner stated that the resolution
purely authorized the acceptance of funds .
RESOLUTION NO . ~, SERIES OF 1974
RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ENVIRONMENTAL
PROTECTION AGENCY , UNITED STATES OF AMERICA , FOR A GRANT UNDER THE
WATER POLLUTION CONTROL ACT , (33 U.S.C . 466, ET SEQ .).
(Copied in full in the Official Resolution Book .)
COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED
A MOTION TO APPROVE RESOLUTION NO . 54 , SERIES OF 1974 . Upon a
call of the roll , the vote resulted as fo~l~w s :
Ayes : Council Members Jones , Sovern , Clayton , Brown , Blessing , Taylor .
Nays : None~il
Absent: Council Member Mann .
The Mayor declared the motion passed .
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Acting City Manager Waggoner stated that City Manager
Mccown would like to have a study session before the next meeting
starting at 5 :00 , due to the large volume of items to be discussed .
Mayor Taylor replied in the affirmative , hearing no
objections from th Council . Mayor Taylor stated that th Bi-
centennial Comm ittee would be meeting on Wednesday, if any
Co nc11 Mem er esire to attend .
he had b en invited to go
nd the exp nses would b paid
Person , unless any conflict
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Councilman Blessing stated that he wanted to go on
record despite h 3 s absence at the previous Council meeting ,
of supporting the 3 miU property tax increase .
Councilman Brown stated that he was concerned that
the Council was not attending such meetings as the Arapahoe
Mayor 's meeting and the Colorado Municipal League meeting , He
was concerned about the expenses for the spouses on thes -
meetings . He felt that the City should pay for them , Councilman
Blessing stated that he felt it wou d d be p r oper for the City to
pick up the cost for the spouse .
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Councilman Jones stated that since l?e was apparently
being limited to two meetingi , he was willing to go along with the wive 's expense item .
Councilman Clayton stated that he would go along with
the item despite his conservative nature on fiscal matters,
Councilman Sovern stated that all arguments seeme d
quite logical, but despite the argument it detracts from the
real issue of why the City Council was MlllS there .
COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED
A MOTION THAT THE MEMBERS OF THE CITY COUNCIL WOULD BE ABLE TO
TAKE WIVES TO THE COLORADO MUNICIPAL LEAGUE AND ARAPAH OE MAYORS'
MEETING S , AND THAT THEYMAYOR TAKE HIS WIFE TO ANY MEETING S ON
CITY BUSINESS AT THE CITY 'S EXPENSE , Upon a call of the roll ,
the vote resulted as follows:
Tayl o r . Ay e s: Council Members Jones, Clayton, Brown, Blessing,
Nay s : Councilman Sovern .
Ab s ent: Councilman Mann.
The Mayor dec lared t he mot i o n p as sed.
I I I I I
COUNCILMAN SOVERN MOVED AN D COU NCIL.MA BR
A MOTION TO ADJOURN . U on c 11 of th r oll , th
s follows :
Ayes : Council rs Jones , Cl y ton , Bro n , Taylor , overn .
N ys : Non .
Abs n Councilm n n .
Th M yo1• clar d 11 t ll :O P , .
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RESOLUTION NO. 53, SERIES OF 1974
A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING
TO ANNEXATION PROCEDURE AFTER REQUIRED HEARINGS.
WHEREAS, the City of Englewood, Colorado, commenced
proceedings for annexation of land totaling 183 aires, more or
less; and
WHEREAS, the Colorado Municipal Annexation Act of 1965, as
amended, requires the annexing municipality to hold a hearing and
make certain findings, conclusions and determinations; and
WHEREAS, due notice as required by said statute has been
given for s aid hearing.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO, as follows:
Section 1.
That the City Council of the City of Englewood finds,
c onc ludes, and determines that the applicable requirements of
Section 4 of the Municipal Annexation Act of 1965, as amended,
have been met and that the territory to be annexed was and is
eligible for annexation to and by the City of Englewood.
In making its conclusion and determination, the Cit7
Council has reviewed all the evidence, testimon7 and exhibits
pr ese n ed at that certain public hearing held on September 10,
1973; all exhibits offered at a hearing held in the District
Court in and for the 18th Judicial District before the Honorable
Marvin W. F oot e, District Judce; and data relating to all matters
in co nn ction with the annexation. Further, additional testimony
and exhibi a were presented to the City Council at public hearings
pursuan to a further Order of the District Court. Said hearings
occur r ed o n Septembe r 30, 1974, and Octob r 14, 1974, and objectors
were pr sent pres ntin e v id nee a ainst the annexation. Said
hearin 1 w re h ld af er due no ice wa s published in a legal
newspape r loca ed in !ngle woo d, Colorado, which was also pursuant
to Court Ord r. As a resul hereof, and in compliance with the
Ord r of the Distric Cour , and havin resolved any conflicts in
t e vid nee and data preaen ed, he followin 1pe ific findin11
ar made:
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1. That more than a two-thirds contiguity for not less than
three years exists between the pres e nt boundaries of Englewood,
Colorado and the then proposed newly annexed · area; The City Council
specifically finds that the re is 69.884% contiguity based upon the
testimony of the City Engineer and after review of all maps, deeds
and other data used in drawing said boundaries on an illustrated
annexation map. The City Council rejects the testimony of a sur-
veyor that there was less than two-thirds contiguity between the
limits of Englewood and the annexed area.
2. No land area of 20 acres or more with an assessed valua-
tion of $200,000.00 or more for land or structure or both for ad
valorum purposes for the year next preceding this annexation has been annexed.
J. No additional terms or conditions are to be imposed
on the newly annexed area which would require an election,
4. No land held in identical ownership has been divided in
establishing the boundaries or territory annexed as of the date of
the Resolution to annex, which was passed on July 16, 197J. Council
notes that land purportedly conveyed by Dorsey Hall, Jr., Alonzo C.
Hall, Howard H. Hall and Eleanor Hoagland to Hall Land and Leasing
Co., Inc. on July J, 1973, by Warranty Deed dated that date and
acknowledged and recorded on July 5, 197J, was ineffective in that
one Rose L. Weeks was the true owner. The City Council received a
letter and information from Rose L. Weeks by her attorney Robert
Wham of the case of Hall vs. Brannan Sand and Gravel Company, 158
Colo. 201, 405 P2d 749, In which the Supreme Court ruled that said
land belonged to Rose L. Weeks and not to the conveyors or conveyees
of said Warranty Deed. Also, the District Court of the County of
Arapahoe, State of Colorado entered judgment in favor of Rose L,
Weeks as owner of said property in th consolidated cases of Weeks
vs. Hall, Civil Action No. 23469, and Hall Land and Leasing Co~c.
vs. Weeks, Civil Action No. 2J568, sai d area being aii that par or
the NE l or the NE! or said Section 8 lying North and West of the
channel or the South Platte River which was owned by Mrs. Weeks as
o f July 16, 1973. Council fur her finds that the said Rose L.
We ks conveyed said property by Warranty D ed dated October 19,
1973, to one Paul T. Van Win le, re co rd d October 19, 1973, in the
records o f the Recorder o f Arapahoe County, in Book 2180 at pare 421.
Furth r, the City Council notes that a D d from No rman E.
ample and F.lizabe h A. Sample to Dor1ey Hall, Jr., Alonzo C. Hall,
Howard H. Hall and l anor Hoarland, waa 1neff cti ve as or the date
or h R solution to annex ecauae 1aid D ed was ao nowl dg d on
July 20, 1973, and r cord d uly 2J, 1973. A Warranty Deed from
Les er . Hun er to Oo r 1ey Rall, J r., Alonzo C. Hall, Howard H.
Hall nd !leanor Hoa land wa 1 also in ff c iv e on the date of the
R solu ion to anne x since he •• e •a• acknowl d ed o n July 20,
1973 and r corded July 2J, 197).
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From additi o nal test im on y and exhibits submitte d at the
latest public hearings of September JO, 1974 and October 14, 1974,
the City Council finds that land to the North and West of the
annexed area belonged to one Rose Weeks at the time of annexation
and adjacent to land belonging to Peter Kiewit and Co. was not
divided in and out of the City. The boundary line of the Northwest
side of the Peter Kiewit land and the annexation line are one and
the same so as not to divide the Rose Weeks land. The City Council
rejects the testimony of the surveyor appearing on behalf of the
objectors in that land on the Southeast side of the South Platte
River beyond the boundary line of a Peter Kiewit and Co. Deed in
1951 makes said land Rose Weeks' land. The City Council finds that
a title policy (City Exhibit No. 2.) by the Fidelity National Title
Insurance Company indicates ownership of said area by Peter Kiewit and Co.
Further, the City Council finds that there is no division of
land belonging to Hall Land and Leasing Co., Inc. in and out of the
City which is adjacent to Ro~e Weeks' land on the South side. The
Council finds that there is no credible evide~ce of division from the
testimony of a surveyor presented by the objectors concerning the
true thread of the river wherein a division of the Hall Land and
Leasing Co., Inc. land was divided by the annexation boundary line.
5. City Council finds that the rai lroad land allegedly
divided by the annexation, is Joined because said railroad land is
in the City of Englewood on two sides and the annexation of the
railroad land in the newly annexed area joins said railroad land
on both sides.
The City Council finds that the original city limits line
of Englewood, Colorado, and the adjacent annexation boundary line
on the West of the railroad land is one and the same and that there
was no space in between said railroad land and the original city limits line.
6. The City Council finds that extensive hearings occurred
wh e rein any party in interest had ample opportunity to make inquiry
by c ro ss-e xamination and to present any and all materials either for
o r ag ainst the proposition of annexatio n aa ref lected in the Resolution
to anne x and t hat sai d hea ring waa duly conducted in proper form
according to law,
S ction 2 .
The City Council of h City of En lewood further finds ,
concludes and determines that no annexation el ction ie required in
said annexation.
Section J.
That the Clerk of the City of n lewood shall atteet and
affix th s al of the City of n l••ood to this r eolution end that
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publication of this resolution is required.
ADOPTED AND APPROVED this day of
MAYOR
ATTEST:
ex officio city Clerk -Treasurer
I, Karl Nollenberger, ex officio City .Clerk -Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of the
Resolution No. 53, Series of 1974.
ex orrlclo city Clerk Treasurer
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RESOLUTION NO. ___ , SERIES OF 1974
A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING
TO ANNEXATION PROCEDURE AFTER REQUIRED HEARINGS.
WHEREAS, the City of Englewood, Colorado commenced proceedings
for annexation of land totaling 183 acrea, more or less; and
WHEREAS, the Colorado Municipal Annexation Act of 1965, as
amended, requires the annexing municipality to hold a hearing and make
certain findings, conclusions and determinations; and
WHEREAS, due notice as required by aaid statute has been given
for said hearing.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO, as follows:
Section 1.
'nlat the City Council of the City of Englewood, finda, concludea
,,._
and determines that the applicable requirements of Section 4 of the Municipal
Annexation Act of 1965, as amended, have been met and that the territory to
be annexedAis eligible for annexation to and by the City of En1lewood.
wa..: o o
In making its conclusion and determination, the City Council baa
reviewed all th evidance, teati110ny and exhibit• preaented at that certain
public hearing held on Sepellber 10, 1973; all e xhibits offered at a hearina
held in the Diatrict Court in and for the 18th Judicial District before tha
Honorable Marvin W. Foote, Diatrict Judae; and data relatin& to all .. ttera
in connection with the annexation. Further, additional teati•ony and
exhibit• were preaented to the City Council at public h arinaa pursuant to a
further Order of th Diatrict Court. Said hearin1a occurred on S ptellber 30,
1974, and Octob r 14, 1974 and objectora were present preaenting evidence
aaainat the annexation. Said hearin&• wera held after due notice was
published in a legal newapaper located i n Englewood, Colorado, which waa
alao pursuant to Court Order. Aa a raault thereof, and in co mpli911ca with
th Ord r of the District Court, and havina r aolv d any conflic ts in the
evid nc and data presented, th followin ap clfic findin~ a .. d :
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1. That more than a two-thirds contiguity for not less than three
years exists between the present boundaries of Englewood, Colorado and the
then proposed newly annexed area. The City Council specifically finds
that there is 69.884% contiguity based upon the testimony of the City
Engineer and after review of all maps, deeds and other data used in drawing
said boundaries on an illustrated annexation map. The City Council
rejects the testimony of a surveyor that there was less than two-thirds
contiguity between the limits of Englewood and the annexed area.
2. No land area of 20 acres or more with an assessed valuation of
$200,000.00 or more for land or structure or both for ad valorum purposes
for the year next precedi ng this annexation has been annexed.
3. No additional terms or conditions are to be imposed on the newly
annexed area which would require an election.
4. No land held in identical ownership has been divided in estab-
lishing the boundaries of territory annexed as of the date of the Reaolution
to annex, which was passed on July 16, 1973. Council notes that land
purportedly conveyed by Dorsey Hall, Jr., Alonzo C. Hall, Howard H. Hall and
Eleanor Hoagland t o Hall Land and Leaaing Co., Inc. on July 3, 1973, by
Warranty Deed dated that date and acknowledged and recorded on July 5 , 1973,
was ineffective in that on Roee L. Weeks was the true owner. The City
Council received a letter and information from Rose L. Weeks by her attorney
Robert Wham of the caae of Hall va. Brannan Sand and Grav 1 Company, 158
Colo. 201, 405 P2d 749, in which the Supreme Court ruled that said land
belonged to Ros e L. Weeks and n ot to th conveyors or con veyeea of aaid
Warranty Deed. Also, the Distri ct Court of the County of Arapahoe, State
of Colorado entered judsment in favor of Roae L. Weeks aa owner of aaid
prop erty in the cona olidat d c aaea of We Ju va. Hall, Civil Action o.
23469, and Hall Land and Le aa in Co. In . vs. W eks, Civil Action o.
23568, 1aid area b ing all that part of the E l 4 of th NE 1/4 of aaid
Section 8 lying North and W at of th ch el of th South Platte Rivar, which
wa own d by Mr • W eka as of July 16, 1973. Council furth r finds that
the aaid Roa L. W ks conv y d said prop rty b Warranty De d dat d Octob r
19, 1973 to on Paul T.Van Winkle, r cord d Octob r 19, 1973 in tha r cord•
of th Record r of Arapahoe County, in Boo 2180 at pa 421.
Further, th Cit Council not
and Elizab eth A. S pl
Hall nd Elean or Hoaal d,
ann ex becau 1aid Da d w
. s la
to
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From additional testimony and exhibits submitted at the latest
public hearings of September 30, 1974 and October 14, 1974, the City Council
finds that land to the North and West of the annexed area belonged to one
Rose Weeks at the time of annexation and adjacent to land belonging to Peter
Kiewit and Co, was not divided in and out of the City, The boundary line
of the Northwest side of the Peter Kiewit land and the annexation line are
one and the same so as not to divide the Rose Weeks land. The City Council
rejects the testimony of the surveyor appearing on behalf of the objectors
in that land on the Southeast side of the South Platte River beyond the
boundary line of a Peter Kiewit and Co. Deed in 1951 makes said land Rose
Weeks' land. The City Council finds that a title policy (City Exhibit No. 2)
by the Fidelity National Title Insurance Company indicates ownership of said area by Peter Kiewit and Co.
Further, the City Council finds that there is no division of land
belonging to Hall Land and Leaaing Co., Inc. in and out of the City which
is adjacent to Rose Weeks' land on the South side. The Council finds that
there is no credible evidence of division from the testimony of a surveyor
presented by the objectors concerning the true thread of the river wherein
a division of the Hall Land and Leasing Co., Inc. land was divided by the annexation boundary line.
5. City Council finds that the railroad land alle1edly divided
by the annexation, is joined because said railroad land is in the City of
Englewood on two sides and the annexation of the railroad land in the newly
annexed area joins said railroad land on both sides.
The City Council finds that th original city limi ta line of JV. r-~
Enalewood, Colorado, and the adjacent annexation boundary lin on the~
of th railroad land is on and the same and that th re was no apace in
betw en said railroad.land and tha oriainal city limits line.
6. The City Council finds that extensive hearings occurred
wherein any party in interest had ample opportunity to malt inquiry by crosa-
xamination and to present any and all -teriaJ.s ith r for or a1ainat the
proposition of annexatio n as refl cted in the Resolution t o annex and that
said hearing wa s dul c onduc ted in pro pe r form ac co rd i n g t o law,
S c ti on 2.
Th Ci t y Co un cil of the Ci t y of Enal wo od, fu r th r f i nds, conc ludes
an d d t n1i n a tha t n o ann xatio n a l ac t i n is r equJ r d i n ••id annexation.
t h
S Ct ion 3.
Th a
s al o t h th Cl r k ot t h City ot al oo d s hall atteat and affix
Ci t y of 1 woo d t o t hia r s o lut ion d that publi c ation
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of this resolution is required.
ADOPTED AND APPROVED this ___ day of-------' 1974.
MAYOR
ATTEST:
ex efficio City Clerk-Treaaurer
I, Karl Nollenberaer, ex officio City Clerk-Treaaurer
of the City of Englewood, Colorado, do hereby certify that th above and
foregoing is a true, accurate and complet copy of th Resolution No. ~~~'
Series of 1974.
ex officio City Clerk-Treaaurer
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ROLL CALL
Moved Secon~ed Aye Nay Abstain Absent
Jones '(
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ROLL CALL
Moved Second.ed Ay e N ay A bstain Absent
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Moved Seconoed Aye Nay Abstain Absent
\(' Jones /
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Mann I x
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ROLL CALL
c
Moved Secon<led Aye Nay Abstain Absent
Jones /
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Clavton \
Mavor Tavlor I
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Moved Seconcjed Aye Nay Abstain Absent
Jones /
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Moved Seconded Aye Nay Abstain Absent
Jones
Tuvern
Mann
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Clavton
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Moved Secon~ed Aye Nay Abstain Absent
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ROLL CALL
Moved SeconQed Aye Nay Abstain Absent
Jones )(
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M8!lil "" BlessTng x.
'(, Brown >-
Clavton " Mavor Tavlor )(.
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ROLL CALL
Moved Seconoed Aye Nay Abstain Absen t
Jones I
' sovern I
!llailil I x
B1eSSlll2 I
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Clavton \
MAvor Tavlor J
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ROLL CALL
r,,
J.6:>ved Seco1l4ed Aye Nay Abstain Absent
Jones " JI;. :>overn I
llllliln I
' Blessln2 \
Hrown '\
Clavton I
1111.vor Tavlor I
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10 20
• •
,
• . .
•. -• •
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ROLL CALL
lk>ved Seconded Aye Nay Abstain Absent
Jones /"
sovern f
Mann I ~
l:l.l.essll'UZ \
1:1rown \
Clavton \
Maver Tavlor I
• •
•
• . , -•
• -
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Moved Secon~ed Nay Abstain Absen t
lor
•
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I
• 'I
-• •
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ROLL CALL
5 "')
Moved Secon~ed Aye Nay Abstain Absent
Jones ___..
< Sovern /
Mann I y
Bl.ees.1ru!' \
,;<.. .l:tt'OW!l \
Clavton \
llllllvor Tavl.or J
• •
•
-• •
'
Mo d s ve econ ed Aye Nay 1 Absta n Absent
Jones ,,.
' .sovern 7
M8Ilil \ "-.
' Blessing \
=own \
Clavton I
Maver Tavlor I
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{., c:-a 9 , .,... i. \s t . • ~ ~ --\ . \ ~ ,.... ~ .,.,_. ~I
• •
,
• . '
• .
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ROLL CALL
_s c) \' -
Moved Secornjed Aye Nay Abstain Absen t
x Jones /"' x sovern (
MBilil \ x
.tuessuuz \
=own \
Clavton I
Ma.vor Tavlor I
• • •
,
•
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• . -• (~ -
'
ROLL CALL
Moved Secon~ed Aye Nay Abstain Absent
J( Jones ,,.
:sovern I
Mann I -::z
)\ B1essinu \
Dl"OWil \
Clavton \
MAvor Tavlor J
l,I ') )
• •
,
•
,. -• . ,
•. -• •
'
ROLL CALL
Moved Secon~ed Aye Nay Abstain Absent
Jones /'
Sovern I
Mllllil I )(
)(' Blessirur \
x Hr own \
Clavton I
Mavor Tavlor I
~). ... { ::>\.,. r (._ ) '.;. ~. \ c ::. o0
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ROLL CALL
Moved Secon4ed Aye Nay Abstain Absent
Jones )<
sovern " MBnn i.
.l( ts.l.eSSll'U? " < Brown '](,
Clavton ' MAvor Tavlor I
• •
,
. ' •
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ROLL CALL
(\ ,....
l.bved Seconded Aye Nay Abstain Absent
Jone•
>( sovern
~
Bles11111g
>( l:ll"OWll
Cla'ltOn
1111.vor Tavlor
I\ u
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AGENDA FOR
THE REGUIAR MEETING OF THE
ENGLE.WOOD CrrY COUNCIL
DECEMBER 2, 1974
t•
8:00 P.M. Call to order, invocation by Dr. Helen V. Walker, Esoteric
Truth Center, 130 East Girard Avenue, pledge of allegiance
led by Cub Scout Pack #58, and roll call.
l. Minutes.
(a) Minutes of the regular meeting of November 18, 1974.
(Copies enclosed.)
2. Visitors.
(a) Mr. Emmett curry, President of the Englewood Chamber
of Commerce, will be present to make a request for
funds for 1975. (Copies enclosed.)
(b) Other Visitors.
3 . Communications -No Action Recommended.
(a) Minutes of th Planning and Zoning Colllllisaion meeting
of October 22, 1974 . (Copies enclosed.)
(b) Minutes of th Parks and cr•tion C:C-iasion -•ting
of Nov r 14, 1974. (Copies enclosed. l
(c) orandua frOG1 the Dir ctor of Public Worlta outlining
th schedule of propo d paving district 122. (Copies
enclOt1ed.)
(d) ran from th Dir ctor of Public Worlta outlining
the schedule for th Sid lJt I.aprove.ent District 74.
(Co iea encloa d.)
(el aolut h Colora o Municipal Financial Officers
Aaaocia io c nding th part.ent of Pinance for
r c vin th Cert1fi te of Contorance Award for
the Annual Pinan ial port. (Copi a closed.)
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page 2
December 2 Agenda
4. CommW'lications -Action Recommended.
(a) Memorandum from the Director of Public Works dis-
cussing street rights-of-way in the Northwest
industrial area. (Copies previously transmitted
in the November 18 agenda packet.)
(b) Minutes of the Water and Sewer Board meeting of
November 19, 1974 with the following recommenda-
tion: A year extension of City ditch agreement
with the Denver Wa t er Board. (Copies enclosed.)
(c) Memorandum from the Director of Public Works re-
garding Federal Aid -Urban System. (Copies
enclosed.)
5. City Attorney.
(a) Ordinance on final reading implementing the letters
of understanding for 1975. Ordinance relates to
promotions, annual leave, sick leave, injury leave,
official holidays, salaries, longevity and retire-
ment plan benefits and declaring an emergency •
(Passed on first reading on November 18.)
(b) Bill for an Ordinance increasing liquor occupational
fees. (Copies enclosed.)
(c) Resolution -.king finding of fact and concluaions
relating t o th Sant& Fe and Union Annexation. •
(Copies of transcript of public hearing enclosed.)
(d) Attorney's Choic •
6. City Manager .
Cal Resolution d si9natin9 the Ml.Aries tor -1>ers in
th City Attorney's Office, MUnicipal Court Jud9 ,
AHoc ate Mun ic pal Cour JUd , and th City N19er •
(b) fed ral aid fo a project ich
-Chlorin Contact 01&9ber. w • c
{Copies enclosed.)
(c) Mana 9 r's Choi
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II
December 2 Agenda
( . 7. General Discussion.
(a) Mayor's Choice.
(b) Council Member's Choice.
8. Adjournment.
City Manager
AM/SC
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REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOO D, COLORADO
November 18, 1974
The City Council of the City of Englewood, Arapahoe
County, Colorado met in regular session on November 18, 1974 at
8:00 P.M.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Councilman Howard Brown.
The pledge of allegiance was led by Cub Scout Pack No. 58.
The Mayor asked for a call of the roll. Upon the ca l l
of the roll, the following were present:
Council Members Jones, Brown, Clayton, Mann, Tay lor.
Absent: Coun c il Members Sovern, Blessing.
~ The Mayor declared a quorum present.
(t
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Also present were: City Manager Mccown
Ci y Attorney Berardini
Director of Finance Nollenb e r ger
Assistant Director of Communit y
De velopment for Housing Ko cian
• • • • •
COUNC I LMA JO NE S MOVED AND COUNCILMAN BROWN SECONDED A
MOTIO N TO APP ROVE THE MINUTES OF THE REG ULAR ME ET ING OF NOVEMBER 4 .
1 974 , AS COR RECT ED ON PAGE 7 AN D PAG E 13 . Upon he call of he
roll , he v ote r esul ed as follo ws :
Ayes: Council . mbe r s Jones , ann . Br own, Clay on ,
Taylor.
Nays: None
Abs en Council m ers Sovern , Bless i n .
The yor decl red the motion carri
• • • • •
r. Tom Burn ,
pr a n to r quea funds ro
tor purch se or l nd on wh1 h
n of h
Ci y
1111
Houa1n Au t hor ity , wa1
t h St a r an
n1 a t or th l rl .
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REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
November 18, 1974
The City Council of the City of Englewood, Arapahoe
County , Colorado met in regular session on November 18, 1974 at
8:00 P.M.
Mayor Tay lor, presiding, called the meeting to order.
The invocation was given by Councilman Howard Brown.
The pledge of alle iance was led by Cub Scout Pack No. 58.
The Mayor asked for a call of the roll. Upon the call
of the roll, the following were present:
Council Members Jones, Brown, Clayton, Mann, Taylor.
Absent: Counc il Members Sovern , Blessing.
The Mayor declared a quorum present.
Also pre sent were: City Manager Mccown
Ci y Attorney Berardini
Director of Finance Nollenberg r
Assis an Director of Community
velopment for Housing Kocian
• • • • •
l'f.OTIO
197 J
roll ,
GOU CILMAI JONES OVED AND COUNCILMAN BROWN SECOtIDED A
TO APPROVE THE MI UTES OF THE REGULAR MEETING OF NOVEMBER 4 ,
AS CORRECTED ON PA E 7 AND PAQE 13 . Upon he call of the
he vo e res 1 ed s follows:
Ay Council a, M nn, Brown, Clayton,
ylor.
ya: . one
Abs n.: Counc il Sovern, Bl sain .
yor d clar d h mo
• I I I I
Hou a in
rl:v.
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Mr. Burns stated that the State of Colorado Housing
Authority had OK'd a grant for matching $100,000. The Housing
Authority currently has sites under option for this land after
a thorough land search in Englewood. A match of $100,000 from
the City was necessary at this time.
A general discussion of the housing development was
undergone.
Mr. Bill Clayton, Jr., 3000 So. Emerson Street,
inquired as to the tax situation on the land. Assistant Director
of Community Development for Hou sing Kocian stated that the Housing
Authority made payments in l ieu of taxes.
Co uncilman Sovern arrived at 8:25 P.M.
Mayor Taylor stated that the resolution to be passed
included the $100,000 appropriation for this purpose.
RES OLUTION NO . 51 , SERIES OF 197 4
A RESOL UTION APPR OPRIATING MONIES IN THE GENERAL, WATER, SEWER ,
PUBLIC IMPROVEMENT AND REVENUE SHARING FUNDS .
(Copied in full in the Official Resolution Book.)
COUNCILMAN BROWN MOVED AND COUNCILMAN CL AYT ON SECONDED
A MOTION TO AP PR OVE RESOLUTION NO. 51 , SERIES OF 1974. Upon the
call or the roll, the vote resulted as follows:
Ayes: Counc il Members Jones, Sovern , Mann, Br own ,
Clay ton, Taylor .
Nays: ~on
Absent: Council Member Blessing.
The or d clared he o ion carried.
Lo n
r h
I I I I I
Schnack
pres
1r an or he R h b111 ation
th proposed housin
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! 1 Meeting of NoveMber 18, 1974
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would have to be made at that time, but otherwise the pro ram was
a purely voluntary one. The citizen has a right to do some of the
work himself if he so desired. A 1% simple interest loan would be
charged with an extremely flexible repayment schedule. The senior
citizens could make repayments or not if they chose. The loan would
have to be repaid in full upon the transfer of the property, at death
of the individual, or sale of the property to another individual.
In order to be eligible for the program , a single
individual could not have an income of more than $5,000, and a
couple could not have an income of more than $6,000.' Additionally,
they could not have real estate or income-producing property exceeding
$25 ,000. Other assets other than personal belongings could not exceed
$4 ,0 00 . The individual must be 62 years of age or older. The longer
term residents would be given precedence.
A general discussion of the program was undergone.
Mr. Leroy Anderson, 621 East Bates, appeared before
Council. He stated that we needed to go a little further wit h a
program like this by adding wheel chair ramps, handrails, etc. Mr.
Schnackenb e r g stat e d that those concepts were included in the o vera l l
pro ram.
Mr. Tom Gibson, 4701 So. Inca, appeared before Council.
He inquired as to what happens if one spouse survives in relation
t o the loan payment. Mr. Schnackenberg stated that the repaymen
was dependent upon the transfer of he property out of both individ u al's
names.
City At o rn e y Berardini stated that there would need to
be in inter overnmental c ontract between he Housing Authority and
h e City o f Englewood o put this program into effec
City Ma n ager Mccown s a ted that there would probabl y b
ma t c hing fun s fr om the S ate on thi s project, and at thi s ime
hey me r ely need e d a sta t em en t h a the City wo uld b e wil ling o
natch monies for th i s progr am .
Counc1lm n Clay on su
o his pror,r m.
sted a $90 ,000 i ni ial contribu 10
A ener l iscuss 1on enau d .
ncilm n Sovern s t a t
spend all or he 90 ,000 in on
1 r ansr r r d at h1a tim .
it was not ne e ssary o
i t wou l d no h u r to h v
COU CILMAN CLAYTON MOVED ANO COU CILMA N MA NN SECONDED A
MOTIO N TO ACCEPT THE COM ITTEE ' OUTLINES OF THE HOUSI NG REHA ILI-
mATI N PROORA , TO CO~ IT TO THE MAT HI 0 OF A GRAN T UP TO $90 ,000
FRO~ TH TAT IN ORD R TO DO THI~ PROOR AM I N THE FUTU RE, AND TO
DRAW UP AN ORDINANCE I CO JUNCTIOI WIT H TH HOUSI NG AUTH ORITY
I PLE ET T. Upon h c 11 or h roll , th vo r aul d aa rollow1:
.
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Meeting of November 18, 1974
4
Ayes: Council Members Jones, Sovern, Mann, Brown,
Clayton, Taylor.
Nays: None
Absent: Council Member Blessing.
The Mayor declared the motion carried.
COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO ASK THE COMMITTEE TO STAY TOGETHER IN ORDER TO COUNSEL
WITH THE HOUSING AUTHORITY ON THE IMPLEMENTATION OF THIS PROGRAM.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Jones, So vern, Mann, Brown,
Clayton , Taylor.
Nays: None
Absent: Council Member Bless ing.
• • • * •
Council received a report from the City Manager on the
request for an access easement on City-owned land.
~-
City Manager McCown stated that Greenwood would not
accept the dedication of the land across our Englewood reservoir
site which was located in Greenwood Village. This road was currently
under usage by two homes back around the reservoir. He rec ommended
that the City not grant the right-of-way request and that the pro lem
should be resolved between the City of Greenwood Village end the
developer.
Mr. John McLucas , 940 Sunset Court , appeared before
Council. He stated that he had bought a piece of proper y which
pparently has no access to it. The Director of Util1 1es of he
i i
i y of Englewood in 1971 okay d the road to he reservo ir s ace ss
to h t wo lots. Th road is th sole access o th o er individual's
home his 1me. H requea d from h City an as men in order o
heae homes .
• w
Morrow, 1000 Rea rvoir Road,
bu11 a horn hie ar
ha hie pro l could
wo 1nd1v1duala.
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Meeting of November 18, 1974
5
COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO REFER TO THE CITY MANAGER AN AC CESS EAS EMENT PRO BLEM
ON CITY -OWNED LAND IN ORDER TO WORK OUT AN AGREEM ENT FOR COUNCIL
TO CONSIDER. Upon the call of the roll , the vot e resulted as
follo ws:
Taylor.
Ay es: Council Members Jones, Sovern, Brown, Clayton ,
Nays: Council Member Mann.
Absent: Council Mem ber Bless ing.
The Mayor declared the motion carried.
• • • • •
Council received the following communications for the
record.
1974.
Minutes of he Library Board meeting of ovem er 12,
Financial Report for the month of October, 1974.
Report from the Urban Drainage Flood Control District
on the status of the Englewood Dam .
• • • • •
Co ncil received a recor.un
nd he Fire Chief concernin
two n w fire ~ a ions. Ci y
nd s .
ilr.: n ann s a
ion Dep r men
n Jon a
ndation from the Direc or of
sprinkling and landscaping
na r Mccown recapp d he
would like o see he
seed and he fir m n
Joined wi h r. M nn
would alao v o
contrac and would
erin w1 h ru ber hos
A
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I l'H::t::l. .. Ll!~ V..L l\IUVt'lllUt::..L .LV ) ..1..";11 "'1
6
Ayes: Council Members Sovern , Bro wn .
Nays: Council Members Jones , Mann , Clayton, Taylor .
Absent: Council Member Blessing.
The Mayor declared the motion defeated .
• • • • •
The Mayor called a r ecess at 9:45 P .M.
Council reconvened at 10 :00 P .M. Upon t he call of the
roll , the following we r e present:
Council Membe r s Jones , Sovern , Mann , Brown , Clayton ,
Taylor .
Absent: Council Member Blessing .
• • • • •
COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED
A MOTION THAT THE COUNCIL REJECT ALL PROPOSALS ON THE SPRINKLING
AND LANDSCAPING AT THE TWO NEW FIRE STATIONS. Upon the call of
the roll, the vote resulted as follows:
Ayes: Council Members Jones, Sovern, Mann, Brown,
Cl ayton , Taylor.
Nays: None
Absen Council Member Blessing.
The Mayor declared the motion carried.
City Manager Mccown inquired as o what he Counc il's
in ention on his wa s , wh her they desired a new bid o aken
or se d1n and rubber hose waterin o commence .
Council did no air
o aee fir men could u e a ru
bo se and raas
COU CILMA CLAYTO OVED AND COUNCILMA
OTIO TO SEED FIRE STATIONS NO. 2 AND 4 AT THE PROP
ALLOW THE FIREFIOHTERS TO WATER IT WITH RUBBER HO E. or h roll, th vot reaul a rollows:
,_
r
Ay a: Counc1
N ya: Coun c 1l
on a , M nn. Bro , Cl y on , Taylor.
y o r
A a n
c lar
mb r ov rn.
o un ~il M m r Bl aain
h mo ion c rri d.
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Meeting of Notember 18, 11974 H
7
Council began consideration of an ordinance on final
reading setting the mill levy for the fiscal year of 1975 at
6.97 mills.
Councilman Mann stated that he was very much against
the mill levy increase. The City is spending money like it was
going out of style. Not too long back the City had a bud et of 3~ million dollar s, and the g rowing pains of the City are getting
out of hand at this point.
Councilman Clayton stated that the real increase was
over 11 mills when you consider that the Revenue Sharing increase
was equal to about 7 mills, the Public Improvement Fund property
tax transfer to the General Fund was about l~ mills, and the increase
of 3 mills to the people.
Councilman Brown stated that the mill levy cut in 1968
went from approximately 14 mills to 3,97 mills due to bountiful
sales tax revenues. Recently, sales tax revenues have been hurting
quitesignificantly and the people need many of the services which
the City was providing.
Councilman Sovern stated that the mill levy would pay
for inflation for the most part. A significant increase was bein
made in the public safety area for 1975. City Council was not
administering a town of 30 ,000, but rather a town of 100,000 daytime
population. He felt the Council should put some money into places
where it showed dividends, such as the two new positions.
Councilman Jones sta ed that the Co un c il had taken out
some fat as they went along. He felt that the 3 ,97 mills was
inqui able as far as tax base and fostered development of ware-
houses and that typ of facility.
Mr. Doug Anderson, 3000 So. Clarkson Street, appeared
before Council. H stated that he was there represen in many
persons in his neigh orhood and opposed the mill levy increase.
He felt he City should wait o see if sales ax was really down
before n increase in property tax. H felt that the Ci y should
loo k at x increases similar o h way a business would l o ok at
pri c incre ses. H a at d hat th City wa xtrem ly tir d of
hig h sp nders on h Ci y Co ncil. H did not feel ht h Co uncil
w s r presen in it cons i uen a wh n it voted for a t x increaa
h waa r
on
u
so.
roy Anderson appear d before Co
p opl h r in th daytim brin
h Unit S a s had ak d th
wisely and h did no f el
Mr. T i
in or
Council. H a a d tha
il . H voiced a cone rn
du o the pact on h
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Meeting of November 18, 1974
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Councilman Brown stated that the people needed to look
at the results of the money spent. He felt that it was being
spent for redevelopment and betterment of the community.
Councilman Clayton stated that budgets were available
in August of each year and should be looked at by citizens of the
community.
Mr. Doug Anderson inquired whether there was anywhere
in the budget where additional trimming could be made. Mayor
Taylor stated that we could leave the firehouses unfilled, or we
could leave the pensions unfunded, or we could cut out two specialist
positions, even though he was convinced they would be paying their
own way in the future. He stated the Council was anticipating a
5% sales tax increase over 1974 which was not even keeping with
inflation.
A general discussion on the sales tax revenues ensued.
Kathy Ullery , 4280 So. Pennsylvania Street, appeared
before Council. She inquired ns to why the Council could not
impose a recipro cal head tax as the City and County of Denver does.
City Mana e r Mcc o wn inquired of the City Clerk whether
the tax levy could be changed at this late date. Director of Finance
stated that it had been c erti fied to the County and he was not sure
if it could still be changed .
o s ar
Counc ilman Brown s at d that he felt it was a little late
earin he budge apart after many weeks of exhaustive work.
IN RODUCED AS A BILL BY COU NCILMAN BROWN.
BY AUTHORITY
ORDINANCE NO. 9 , SERIES OF 1974
A O R DI~AICE FIXI THE TAX LEVY I MILLS UPO N EACH DOLLAR OF THE
ASSESS D VALUA~IO~ ~~ A~L TAXABL PROPERTY WI THI N THE CI~ OF
E~GLE W OOD, COLORADO, FOR THE YEAR 1975 .
(Copi d 1n f 11 1n h Offi cial Ordinance Book.)
I~ or h
or
Ay s: o nc1
ays: Council
A s n Co c11
OV AND COUNCILMAN SOV RN SECO NDED A
O. 9 , ER ES OF 19 Upon he c 11
d follo w
Jon a , So v rn, Brown , Ta yl or.
on.
r Bl aa 1n
carr1 d.
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Meeting of November 18, 1974
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INTRODUCED AS A BILL BY COUNCILMAN BLESSING .
BY AUTHORITY
ORDINANCE NO. 50 , SERIES OF 1974
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO,
FOR THE FISCAL YEAR 1975 .
(Copied in full in the Official Ordinance Book.)
COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED
A MOTION TO DELETE A RISK MANAGER AND A SYSTEMS ANALYS T FROM THE
BUDGET.
Mayor Taylor ruled the motion out of order at this time.
COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A
MOTION TO APPROVE ORDINANCE NO. 50, SERIES OF 1974. Upon the call
of the roll, the vote resulted as follows:
Ayes: Counc il Members Jones , Sovern, Mann, Brown ,
Clayton, Tayl or.
Nays: None
Absent: Council Member Blessing .
The Mayor declared the motion carried.
Mr. Bill Clayton , Jr., from he au d ience, stated that
he would allow the two po sit ions to be hired, but s ince they are
supposed to be saving cos s equal to their own salaries, why no
fund them out of he ex istin appropriations.
COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A
MOTION TO HAVE A RESOLUTION PREPARED DELETING SYSTEM AN AL YS T AND
RISK ANAGER FROM THE BUDGET. Upon he call of the r oll , the vote
resulted as follows:
Ayes: Cou~c il Members M nn, Clayton.
Nays: Council Members Jones . Sovern , Brown , Taylor.
Abs nt: Co ncil M mb r Bleasin
The M yor declar d th motion def a d.
COUNCIL.MA CLAYTON MOVED ANO COUNCILMAN MAN SECO ED A
MOTION TO HAV A RESOLUTION PREPAR 0 ADDING $,,000 POR PRINTING OF
ALL CHECKS OVER $50 I A LEGAL NEWSPAPER. Upon h call of h
roll, th vo e r sul d aa follows:
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Meeting 1of November 18, 1974
10
Ayes: Council Members Mann, Clayton.
Nays: Council Members Jones, Sover n , Brown , Taylor .
Absent : Council Member Blessing.
The Mayor declared the motion defeated .
* * * * *
INTRODUCED AS A BILL BY COUNCILMAN JONES.
BY AUTHORITY
ORDINANCE NO. 51, SERIES OF 1974
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE
CIT Y OF ENGLEWOOD , COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1 ,
1975 , AND ENDING DECEMBER 31, 1975, CONSTITUTING WHAT IS TERMED THE
ANNUA L APPROPRIATION BILL FOR THE FISCAL YEAR 1975.
(Copied in full in the Official Ordinance Book.)
COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A
MOTION TO APPROVE ORDINANCE NO . 51 , SERIES OF 1974. Upon the call
of the roll , the vote resulted as follows:
Ayes: Council Members Jones , Sovern , Mann, Brown ,
Clayton, Taylor.
ays: None
Absen Cou ncil Member Blessing .
The Mayor declared he motion carried.
• • * * •
Co ncil received a memorandum from the Direc or of
Finance concerning liquor occupa 1onal fees.
City an r Mccown s ed tha the cost involved in
ser vices o ese ou lets could Jus ify a l r ger occupat ional
fee. He su es ed an dminis rative public hearin before fin l
passa e .
COUNCILMAJ JONES MOVED AND COUNCI LMAN BROW SECONDED A
MOTIO TO DIRECT THE CIT Y ATTORNEY TO DRAW UP AN ORDINANCE CHANGING
THE LIQUOR OCCUPATIOIAL FEES AND TO SET A PUBLIC HEARING DATE OF
DECEMBER 17 h, 1974. Upon the call of the roll, th vo er sult d
as follows:
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Meeting of November 18, 1974
11
Ayes: Co uncil Members Jones, Sovern, Mann, Brown,
Clayton , Taylor .
Nays: None
Absent: Council Member Blessing .
The Mayor declared the motion carried .
* * * • •
Council received a memorandum from the Director of
Public Works discussing streets rights -of-way in the Northwest
indust ria l area.
City Manager Mccown stated that the Chamber of Commerce
has an industrial council that has reque sted that the streets be
allowed at a 44 foot width rather than a 60 foot width. The
Director of Publi c Works has no major qualms with this and, indeed,
it would cost a g reat amount of money to buy the extra right of way.
Councilman Sovern stated that the Council needed to
cons ider this when they were fresher.
COUNCILMAN SOVERN MOVED AND COUNCILM AN JONES SEC ONDED A
MOTION TO TAB LE CONSIDERATION OF A MEMORANDUM FROM THE DIRECT OR OF
PUB LIC WORKS DISCUSSING STREETS RIGHTS-OF-WAY IN THE NORTHWES T
INDUSTRIAL AREA UNTIL DECEMBER 2nd. Upon the call of the r oll , the
vote resulted as follo ws:
Ayes: Council Members Jones , Sovern , Mann, Brown ,
layto n , Taylor.
Nays: None
Absent: Council Member Blessing.
The Mayor eclared he motion carried.
• • • • •
,,,, -
COUNCILMAN SOVE~N MOVED AND COUNCILMAN CLAYTON SECO mED
A OTION TO TABLE !NDEFINITELY THE DRAFT OF AN ORDINANCE ANO RFLATED
I 'FORMATION ON THE PROPOSED PROPERTY TAX REBATE PROGRAM. Upon the
c 11 of th roll, he vo e resulted as follows:
Ay s:
Cl yton, Taylor .
II ya:
Abaen
The M yor d cl r d
ounc1l Members Jones , Sov rn, Mann, Brown ,
?lone
. ...
Council Member Bl aai
h mo ion carr1 d.
• • • • •
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Meeting of November 18, 197.
12
Counc i l received a resolution amending the International
City Management Asso ciation Retirement Corp oration deferred compen-
sation plan .
City Manager Mccown went over the proposed changes in
the plan and stated that they were of a housekeeping natur e .
RESOLUTION NO . 52 , SERIES OF 1974
A RE SOLUTION AME NDING THE INTERNATIONAL CITY MANAGEMENT ASS OCIATION -
RETIREMENT CO RPORA TION DEFERRED COMPENSATION PLAN.
(Co pied i n full in the Official Resolution Book.)
COU CILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO APPR OVE RESOLUTION NO . 52 , SERIES OF 1974 . Upon th
call of the roll , the vote resulted as f ollows:
Ayes: Council Members Jones , Sovern, Mann, Brown,
Clayton, Taylor.
Nays: None
Absent: Council Member Blessin
The Mayor declared the motion carried.
• • • • •
COUNCIL AN CLAYTON MOVED AND COUNCILMAN BROW! SECO ED
A MOTION TO BRING FROM THE TABLE THE CITY ATTOR EY'S REQUEST FOR
CONSIDERATION OF SALARY FOR HIS EMPLOYEES. Upon he call or he
roll , the vote resulted as follows:
Ayes: Counc il Members Jones , Sovern , Mann, Brown,
Cl ayton, Taylor .
Nays: ~o e
Ab sen Cou cil M
The Mayor declar d U.e mo ion
COU II.MA
A MOTION TO TABLE NTIL DECF.M
SALARY REQUEST. Upon the c
rollows:
Ayes: Council Mm
lay on, Taylor.
ll ys : on
A :s n ounc11
Th , yor clar mo io
•
er Bl sin .
carri d.
MOVED A D COU CI AN BROW
THE CITY ATTORNEY' DEPARTME T
roll, th vo r sul s
ra on a, Sov rn, M nn, ro
11
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Meeting of November 18, 197~
13
COUNCILMAN CLAYTON MOVED AND COUNCILM AN JONES SECONDED
A MOTION TO ALLOW A REFUND TO MR. STANLEY DIAL OF THOSE MONIES
ACCUMU LATED FOR HIM IN THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION ACCOUNT. Upon the call of the roll, the vote
resulted as follows:
Ayes: Co ncil Members Jones , Sovern, Mann, Brown,
Clayton, Taylor.
Nays: Non
Abs en ou cil emb r Bless ing.
The ay r d clared he no ion carried .
A
F
s follows:
• • • • •
AND COUNCILMAN JONES ECO DED
OF MRS. JEAN PERRY
h call of the roll, he
Ay s: ~o ncil M mbers Jone , Sovern, Mann, Brown,
l y on, Taylor.
Nays: Jone
Absen Council Member Blessing .
The iayor declared he mo ion carried.
• • • • •
Council received a repor concerning reques for renewal or liquor licenses in he City of Englewood .
ounc lman layton s a ed tha he f el that every
ind1vid1 l who owned a store havin a liquor license should come
own be ore Ci y Council once each year.
Co nc1lman Sovern s a d h t i
minis r 1ve proc dur ror thos who did no
11k a lo of
any pro 1 m.
COUl LMA OVERN MOVED A 'D COUNCILMAN BROW SECONDED A
:.IOTIOI TO RENEW THE 29 LIQUOR LICENSF , HAVE A SIX MONTH REPORT 0
POLICE CALL AT THE ESTABLISHMENTS , AND NOT REQUIRE THE INDIVIDUALS
TO 0 BEFOR COU CIL U TIL R UESTED. Upon h call of h roll,
h resul e as follows:
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Mee ting of November 18, 1974
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Ayes: Counc il Mem bers Jones , Sovern, Mann, Brown,
Clayton, Taylor.
Nays: None
Absent: Council Member Blessing.
The Mayor declared the motion carried .
* * * * *
COUNCILMAN SOVERN MOVED AND COUNCILM AN MAN N SECONDED A
MOTION TO RENEW A 3 .2 BEER LICENSE FOR SAFEWAY, 125 E. HAMPDEN.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Jones , Sovern , Mann, Brown,
Clayton , Taylor.
Na ys : None
Absent: Counc il Member Bless ing.
The Mayor declared the motion carried.
* • * • •
INTRODUCED AS A BILL BY COUNCILMAN SOVERN.
BY AUTHORITY
ORDINANCE NO. 52, SERIES OF 1974
AN ORDI A CE AME DING SECTION 9, CHAPTER 1, TITLE II, OF THE 1969
E.M.C., CREATING A SPECIAL FUND FOR FIREFIGHTERS PRE-RE'tIREMENT
BENEFIT.
(Copied in full in he Official Ordinance Book.)
COUNCIL MAN SOVERN MOVED AND COUNCILMAN MANN SECONDED
A MO"'ION TO APPROVE OROIUANCE NO. 52 , SERIES OF 1974. Upon the
call or h roll , h vote r sul d as follows:
Av s: Counc 11
Clay on, T ylor.
ays: tone
rn ers on s, So vern, Mann, Brown,
Abs n Council M ber Bl ss1n
Th M yor mo ion c rr1 d.
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Meeting of Noveilber 18, l Q~ 4 II
15
INTRODUCED AS A BILL BY COUNCILMAN BROWN .
BY AUTHORITY
ORDINANCE NO. 53, SERIES OF 1974
AN ORDINANCE AMENDING SECTION 8 , CHAPTER 1, TITLE XI, OF THE 1969
E.M.C., CREATING A SPECIAL FUND FOR POLICE OFFICERS PRE-RETIREMENT
BENEFIT.
(Co pied in full in the Official Ordinance Book.)
COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED
A MOTION TO APPROVE ORDIN AN CE NO . 53 , SERIES OF 1974. Upon the
call of the roll, the vote resulted as follows:
Ayes: Council Memhers Jones , Sovern, Mann, Brown,
Clayton, Taylor.
Nays: None
Absent: Council ' mber BlE ing.
The Mayor declared the motion carried .
• • • • •
( rnTRODUCED AS A BILL BY COUNCILMAN CLA YTON.
•
BY AUTHORITY
ORDINAN E NO. 54, SERIES OF 1974
AN ORDINANCE AMENDING CHAPTER 4, SECTION 3, TITLE I OF THE 1969
E.M.C., CHANG! G THE DAY ON WHICH THE WRITTE AGENDA SHALL BE
PROVIDED TO EACH MEMBER OF CITY COU CIL.
(Copied in full in the Official Ordinance Book.)
COU ILMA' CLAY'l'Ol MOVED AND COUNCILMA' BROWN SECONDED
A MOTI ON TO APPROVE ORDINANCE O. 54, SERIES OF 1974. Upon the
call o f he roll, he vote re ul ed as follows:
Ay oun c il M rs Jones, Sov rn, ann, Brown,
l y on, Taylor
y one
Abs n Council M ober Bl uin
Th M yo r declar d rr1 d.
• • • • •
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', Meeting ' of NovembLr 18, 1974
16
INTRODUCED AS A BILL BY COUNCILMAN SOVERN .
A BILL FOR
AN ORDINANCE AMENDING CHAPTERS 3 , 4, 6 AND 9 OF TITLE V, OF THE
1969 E.M.C., RELATING TO PROMOTIONS; ANNUAL, SICK AND INJURY
LEAVES; OFFICIAL HOLIDA YS; SALARIES; LONGEVITY ; AND RETIREMENT
PLAN BENEFITS; AND DECLARING AN EMERGENCY .
COUNCILMAN SOVERN MOVED AND COUNCILM AN MANN SECONDED
A MOTION TO APPROVE A BILL FOR AN ORDINANCE IM PL EMEN TING THE
LETTERS OF UNDERSTANDING FOR 1975. Upon the call of the roll,
the vote r esulted as follows:
Ayes: Counc il Members Jones , Sovern, Mann , Brown,
Clayton, Taylor.
Nays: None
Absent: Council Member Blessing.
The Mayor declared the motion carried .
• • • • •
Cit y At orney Berardini reported that the court case
involving the Shop-N-Go Market had been decided in favor of the
City, but would probabl y be appealed by the National Convenience
Stores.
• • • • •
Councilman Mann stated that since the Mayor w~uld not
o attend th Houston National League of Cities meeting,
hat the Ci y Manager should be allowed to attend in order
nt the cancelling of one reservation.
be able
he felt
to prev
Councilman Brown s ated that 1f no other council member
could go th n the Ci y Manager should be allowed to go.
• • • • •
COUNCILMAN SOVER
A OTIO TO ADJOUR . Upon
as follows:
MOVED AND COUNCILMAN BROWN SECONDED
he call or he roll, the vote resul ed
Ayes: Council Mem rs Jon s, Sovern, Mann, Brown,
Clay on, Taylor.
Nays: Jon
A sen
Th M yor d clar d
12: 2 A ..
Council M m
h r.\ot1on c rr1
uin
adjourn d
Council
I' r
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ENGLEWOOD CHAMBER OF COMMERCE
180 West Girard Avenue· Englewood, Coloredo 80110
Phone C303J 781-7838
November 22, 1974
The Honorable Mayor of Englewood
and Members of the City Council
3400 South Elati Street
Englewood, Colorado 80110
Gentlemen :
The Englewood Chamber of Comnerce is now in the process
of winding up its year and budgeting for 1975, and we
would greatly appreciate from your body a definition on
the Chamber's request for City participation to the
extent of $10,000.00 of investment in the Chamber
activities. previously outlined to you in detail.
EC :vs
(
Cordially,
~ C.. ,._,-C ~1
Emmett Curr
President
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MEMORANDUM
Andy Mccown, City Manager DATE · November 11, 1974
FROM : Kells Waggoner
SUBJECT : STREET RIGHTS-OF-WAY
On previous occasions, we have indicated to Council that
there are several streets in the northwest portion of
Englewood that are dedicated 30 feet wide as compared to
our previous requirement of a 60-foot right-of-way in an
industrial area. We have had requests for paving of some
of these streets, but Council has said that we cannot pave
the stree s until we have sufficient right-of-way. The
general indication has been that Council feels that the
City should no have to purchase the rights-of-way, but
that the property owners should dedica e the rights-of-way
the same as developers have done in other parts of the City .
During the past year, there has been much discussion by the
Englewood Chamber of Commerce, and several presentations by
City staff, in attempts to arrive at:a proposed right-of-way
width and paving section that would be acceptable to the
industrial area owners and the City. Recently, the Chamber
did come to such a conclusion and h s made a recommendation
to th City tha we pave a 44-foot-wid street from flow-/
line o flowline, and h t the 60-foo right-of-way be utilized;
and th t he curb nd gutter that is inst lled be the continu-~
ous curb cu s ction as hewn on th t ach d drawing. S v-
ral y ars go, this curb nd gu er section was approv d by
council for two specific locations, nd those wer on South
Rari nd South Sho hon S ree s fro Wes Y le Avenu to
West
con-
n ra.
of Ch r nd
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P • d n
Council ., c.o.c., 0 -11-1•;
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October 18, 1974
The Honorable James L. Taylor, Hayor
and Members of the Englcuood City Council
City of Englewood
3400 South Elati Street
Englewood, Colorado 130110
Gentlemen:
The Bo nrd of Directors of the Englewood Chamber of Con::.1 erce,
Thurcday took action to urcc the City of Enzlewood to ;.dopt
"Ptwing Section A" as the desired Street Paving Section for
all of the streets in the industrial areas of the city.
The Chcmbcr Board, acting on the rcco'!Zlcndation of it1
Industrial Council, heeded by John Snow, Preaidcnt of
Natkin & Co mp lmy, recolllfl1cndcd that the City 1 under "Paving
Section A" s e t the \lidth of the street at 4c+ feet from flow
line to flow line end that the 60 foot ri&ht-of-way be ctond a rd .
EC:va
be : tr. K 111 Waggo ner
Dir c or of Pub l i c Wor ks
City of Engl woo d
Cordially,
<: 'CL~-"'--
Etr.m ctt Curry
Pres ident
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--.. -. ''"'"on DJ\VING SECTION
I
PROGREsscouNrRy ~-------~ r ENGLEWOOD CHAMBER OF COMMERCE
180 W est Girard Avenue· Englewood, Colorado 80110
Phone C303) 781-7838
------------
INDUSTRIAL COUNC IL
Chairman John Snow Fri day, October 11, 1974
12:00 P.M. -Wyat~'s
Kell
L
R ECOMMENDi\ TI ON
Tra ffic flow within the Englewood industrial areas is o f a diff ~re nt
nature than in the r esidentia l or commercial zones. This neces~\tate1
some special considerations in sett ing lhe street s tandards for t'ose area s.
Pav ing Section A as d scrib d in the City M ~mo randum of December 3, 1973 permi tu
Less maintenance costs
Elinination of curb cu t ~
8 ter use of land
lo~er construe ion costs
!fore fl xible l' e of str ct area1 Ci1.~.1ge in use of str e t
for the above re11 ons and oth rs, it is reques tee! th.:i t the Clty of
En lcwood a~opt Paving S cticn A as th e de ired Street Paving Section
for all of the str~ets i n tlle industrinl are~s .
The \Jldth of the str et shot•ld be 44 f ct fro:n now line to flow line.
The 60 foo t ri&ht-o f-w y shol!ld e sta· •• 1ard,
Directo r o f Public Work1
::n Sr.r--.,, No :l(ln ~ Co,
C0trp11ny
Sam Flohr, Metal Fa bricators, Inc.
T. A. Pelsue ~ Br d Pelaue, T. A. Pel sue
Co'T"'11ny JJm Albertson, Rocky Mountain Prestres1
" ru t I llpp I I ll'll"e u, n F. Ihly, lh!y fn,1u1tr!e1, Hi~o ~tri 1 'r1 rJlM td"
r..,t. Wallin, lleMheraeel Corp. of Arllnlca r. ., lloexr, l.'ili ftrson Corporation
Pob l.'elat , nob rt ~. W•l•t Aa ncy
lf "
Iuv •• 11 t
Vt rs 11 t.·1:1 ,
8!11 At~w t~org {
Iii, r Id
O c k Prltc~or~, Pritt ard' C
Ru 1 O n, Clnd r lla Jty H
I\
r ny
r c ant• a
oc h lon
c n £Jctn, e n Erlgin Pain tna Cocnp ny
11 tol<i R1•1t, ru lie Scrvlc Corip ny
St11n ~ o~-n ~ Andy 'heele r, Associated
C.roc ry S rvf ce, Inc.
C o rRe P r ln , Fr lance P otoar ph r
C:•uck l'f~li.~hon, fof'J Or R 11 ty
r te P t r1on , n 1 wood Ch m of
Co rce
• •
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I~· STANDA RD PAVING SECTION
4 .5' 44'
l to{.
3"ASPHAL.T e" BASECOURSE
,,,------
/ SPECIAL PAVING S'CTIQN
It ENGLEWOOD INDUSTRIAL PARK
I 44'
lto
~
,
8 ' BASECOURSE ...--
I PO
~
--VARIES -
l to l I
8 " BASE C
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INTElt-OFflCE
MEMORANDUM
Andy Mccown, City Manager
I •
DATI : November 13, 1974
FllOM: Kells Waggoner
SuallCT: R.O.W. ACQUISITION COSTS
If the City of Englewood were to purchase the rights-of-way
in the industrial areas of Scenic View, as needed to improve
the streets, the following estimated costs would be incurred:
SHOSHONE ST.
Bates to Cornell:
18,900 sq. ft. @ $1/sq. ft. $18,900
UMATILLA ST.
Bates to Cornell:
18,900 sq. ft. @ $1/sq . f t. 18,900
Cornell to Dartmouth:
17,960 sq. ft. @ $1/aq. ft. 17,960
VALLEJO ST .
Bates to Cornell:
14, 49 0 aq. ft. @ $1/aq. ft . 14,490
Cornell to Dartmouth:
17 ,960 s q. ft. @ $1 /aq. ft. 17,960
WYANDOT ST.
Bate• to Cornell:
18,900 aq. ft. t $1/aq. ft. 18,900
17 ,960 aq. ft. @ $1/aq. ft. 17 ,9 6 0
TOTAL EST. COST -----------------------·-----$125 I 0'10
~?~--
119 ag9oner
Dir etor of Public orka
ICW/la
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
October 22, 1974
I. CALL TO ORDER.
'lbe Regular Meeting of the City Planning and Zoning Commission
was called to order by Chairman Martin at 8:00 P.M.
Members present: Martin; Jorgenson; Jones ; &nith; Lentsch;
Tanguma;
Supinger, Ex-officio
Members absent: Brown; Weist; Wade
Also present: Assistant Director Romans ; Planning Assistants
Young and House ; Assistant City Attorney Lee.
II . APPROVAL OF MINUTES.
Chairman Martin stated the Minutes of October 8, 1974, were to
be considered for approval .
Jorgenson moved :
Smith seconded: The Minutes of October 8, 1974, be approved
as written.
AYES: Jones ; Tanguma ; Smith ; Martin ; Lentsch ; Jorgenson
NAYS: None
ABSENT: Brown; Weist; Wad e
'lbe motion carried.
III. DESIGN REVIEW.
Mr. Martin tat d that th
di cu d at a pr viou work
discu ion at thi me ting.
(1)
"Dev
had be n
up for furtb r
lopaent Standards
pt of De i n R view and
par d in 1970; uggeation
R vi •" ratb r than
"' -
(2) Add #15 provi ion to b
to r qu r ubmi ion on an
on CONDITIONS OF APPROVAL
1 n layout.
thou ht po ibly th
d Ordinanc , with th
n xt step ould
aa nct. nta, for
Mr. 1 t nt r d th • tin , nd took hi• plac with tb
COllll ion •
• •
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Mr. Martin asked if this Ord i nance, as proposed, was patterned
after an ordinance that was adopted and used in any other
jurisdiction? Mr. Supinger stated that th e proposed ordinance
was patterned after an ordinance he worked with in Southern
California; he noted that the use of the ordinance in Southern
California was quite suc c essful. Mr. Martin asked Mr. Supinger
if he felt the proposed ordinance was an i nclusive draft that
would take care of most situations? He asked if there was any-
thing that might c ome up that would not be covered? Mr . Supinger
stated that he did feel the proposed Ordin ance is all inclusive.
Mr. Supinger st ated he would like to po i nt out that the pro-
posed Ordinan ce would not apply to single-family residences; it
would apply to all other structures. Mr. Supinger noted that
one exception to the si ngl e -family dwelling unit approval
might be if a structure were to be moved into the neighborhood ;
in that event, it wo uld b subject to the revi ew of the Design
Rev iew Commit t ee.
Mr. Smith asked what recour e a developer would have in the
event h is project were turned down by the Design Review Committee?
Mr. Supinger stated that the appeal process is to the City
Council.
Mr. Tanguma asked why the relocation of a single-family unit
would be ubje c t to con ideration by the Design Review Committee
but a new single-family tru ture would not be? Discu sion
foll o wed. 1be legality of d ign review wa briefly discussed
by Mr. Le ; he pointed out if the project is denied based on
the type mat rial , po itioning on the site, or 0111e similar
r e a on, it mi ht constitut a violation of the due proces of
law. Mr. Jone pointed out that other factors could e nter into
the po ibl d nial of a project by the De ign Review C011ai ttee,
such as failur to meet th building code, the pecification
of th Comprehen ive Zoning Ordinance. tc. Mr. Jone .pointed
out that anoth r thing to b c on id r d i wh ther th units
to mov d in "fit th lot ". Furth r di cu ion followed.
Mr. Tan uaa tat d h f lt th con id ration of "ccmae r ial"
tructur wa a differ nt matt r frOlll the ingle-faaily unit;
h tat d that he would cla ify multi-family stru tur a a
u e in thi n tanc .
0
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Mr. Supinger could cite the number of U.S. cities that do use
a form of architectural review. Mr. Supinger stated that he
did not have the figures on the number of cities using architectural
or design review ; he stated that many communities have seen the
need to come to some form of review process similar to, but not
exactly as what is before the Commiss i on. Mr. Supinger stated
that a design review process will not do anything for existing
uses, nor will it guarantee maintenance of property; it does,
however, attempt to prevent "monstrosities " from going into a
neighborhood ; it does attempt to prevent buildings from imposing
on their neighbors ; it also attempts to see that such things
as trash bins are properly placed ; encourages use of landscaping,
not only to beautify the development, but to screen areas that
might be obnoxious to the neighbors ; it attempts to prevent the
use of materials that might cause an imposition upon the neighbors,
such as sheet metal which could cause glare. Mr. Supinger
pointed out that this would not dictate a design or finish, etc.
Mr. Smith noted that the appeal procedure would be to Council;
but, he felt that possibly th e Council might be the wro ng
appeal body should a design review be unfavorable. He pointed
out that Counc il does not have the time to go into the merits
of good vs. bad design ; but, ne ither does he want to see the
design review committee have the fi nal determinat i on. He urged
there be some point of arbitration before the ma tter would
reach the Council.
Mr. Supinger emphasized the importance of choosing persons to
serve on the committee who will understand ther can be different
op i nions relative to good design. He s tated that the worth of
the committee is in convincing the architect, developer , or
other designers involved of the validity of the suggestions of
the committee . He sta t ed that the s taff should be in the
position to check the technical aspects of the proposed plan,
and to make r ecommendations for improvement.
Mr. Smith asked if there was any design criteria established --
somethi n g that could be followe d by the architect and developer?
Mr. Supinger noted that the only guideline that would be in-
cluded are li ted on pages thr e and four of Draf t I. Mr.
Supinger tated that you cannot legi lat good design; nor would
it be wise to lim it d ign po ibilities. Mr. Supin r u ge t d
that th committe ould a ly d tet'11lin examples of ood and
bad de ign, and hav photo o th xampl that could
di pl y d to d velop rs applyin for permit , tc.
Mr. Brown ntered and took hi plac 1th the Comai••ion.
Mr . L ntsch
California,
d v loping,
r vi w." H
m nt didn't
r vert d to hi viou di cu ion of South rn
and not d that "th old r part of TU tin ien't
nd in th ounty nobody follo a th d 1 n
again poin d out that th Irvin Ran b d v lop•
u ar h it c tural r vi w.
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Mr, Supinger stated that design review procedure does not serve
as a "roadblock" to the developer, and he now believes that
developers are recognizing the need for such a process.
llr. Smith referred to the ''small landowner and .. all builder"
who migh be limited in funds and therefore limited in the type
of architecture they can c ome up with. He noted that possibly
they might have dif ficulty getting past the review committee.
Mr. Supinger stated that he did not feel the proposed ordinance
was drafted with only the large developments in mind,
Mr. Martin commented on poor design of so•e structures in
Englewood. He sta ted there is no reason a committee of ex-
perts who know about design review cannot be established; he
stated be felt there were residents o f Englewood who are ex-
pert and knowledgeable in this f ield .
Discussion followed. 1be Larwin development was discussed in
reference to a de sign review committee; Mr. Lentsch noted that
at the time the Larw in proje t wa before the COllllllission, persons
were concerned with drainage, traffic fl ow , etc., and not with
the visual aspect of the development. Mr. Brown co .. ented he
felt "we accepted the ir pictures from California and this is
what we ended up with." Further discussion followed.
Mr. Tanguma stated that the ordinance should be amended to
specifically state that single-family dwelling units are ex-
cluded from consideration under the design review procedure.
Composition of the proposed review committee was dis cussed.
Mr. Lentsch asked if these people would be citizens of Englewood?
Mr. Supinger stated that this would be at the discretion of the
Co unc il. Mr. Lents ch stated that he felt meaber of any Ci ty
Committee should definit ly be resident of Englewood .• llr.
Tanguma suggested that thi tipulation be made a part of the
draft ordinance, also.
llr. Lent sch asked why th matter of exterior color should be
of concern to this committee? llr. Supinger stated that by
including the stipulation on exterior color, thi does not
stat that the committ e will dictate colors; it doe state
that color need to b tak n into account.
Mr. L ntsch ask d who th committ
und r? Mr. Suping r tat d
partm nt of Community D v lopia nt;
plan a th y do now and r vi
a d ign.
would r quir ? Mr. Supin r
ould r quir any additional
Ord nan ha a dat of 1970 on
n no pur uit of this proJ ct until
th propo d ordinanc
Comaie•ion, but n v r
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Mr. Martin stated that for a design review procedure to be
effective, he felt everyone should be as objective as possible.
He stated that the immediate area for which a development is
proposed must be considered, andnot just that specific building.
Discussion followed.
Mr. Jones stated he felt there should be a joint City Council -
Planning C<>1111ission meeting prior to subnitting this to public
hearing; he stated he felt the Council and Commission should
be in basic agreement on this procedure before taking it any
further. Mr. Brown stated he would have to agree with Mr. Jones
that it should be reviewed with Council prior to any further
bearings, etc.
Mr. Martin cautioned that this should not be tied to the Core
Area plan; he stated that there would be change in the city
regardless of whether or not there is a Core Area Plan. He
felt an educational process was perhaps needed for the Design
Review procedure.
Mr. Lentsch stated he didn't think there had to be changes; he
stated he didn't think the city was "as bad as soae people try
to make it out ". He cited some chain establishaents in the
downtown area as being very successful.
Mr. Martin stated that he felt some atteapt could be aade to
regulate even the chain operations. He felt they could be aade
to confora to the community. Mr. Supinger stated that chain
operations can cause problems with the design review process.
However, they can and will aodify some of their designs, use
different aaterials and install landscaping when required to
do so. Mr. Supinger pointed out that service stations are
another special problem in design review. Discussion followed,
Mr. Lentsch suggested that Council be asked to set a date when
it would be convenient for the. to aeet with the Planning Coll-
aission to discus e the Design Review proposal. He suggested
that a letter be written to the Mayor. It was detenained that
this would be the best way to proce d. Mr. Martin stated that
he would hope the meeting coul d b fairly soon to avoid a long
tiae span bet• n thi di cu sion and th discussion with
Council.
IV. BICYCLE PAntS.
Mr. Supin r stat d that Mrs. Roaans and Mr • You bav
p r d a aynop i of th propo d bicycl trail r port, •
forth a hi tory of pa t con id ration and setting forth,
propos d 1ch dulin for d v lopm nt,
pr -
tting
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Trails are proposed along (1) the City Ditch from Belleview
Park to Jason Park; (2) Little Dry Creek from South Clarkson
Street to West Girard Avenue and South Bannock Street; (3) con-
tinue the trails along the Northwest Greenbelt Drainage area
(a portion of this trail is now under construction); (4) along
South Sherman Street between East Yale Avenue and East Chenango
Avenue.
Mr. Weist asked what was the purpose in defining bicycles as
vehicles? Mr. Lee stated that there had been occasions of
bicycle/automobile collisions with bicyclists injured. Mr. Lee
stated that motorists, in making left-turns, pulling away from
curbs, etc., are required to yield to on-coming vehicles; by
defining a bicycle as a vehicle, the motorist is required to
yield to the bicyclist.
The us of trail bikes in the City was discussed. Mr. Lee
stated that they would b classified a vehicles, and if they
were licen ed, they ould b used on city streets and alleys.
Mr. Jorgen d if paving as a requisite for bicycle
trails? ff that the e timate for paving is $5,000 per
mile. Mr. on tated that he felt the right-of-way for
the trail be cu red no , and they be paved later.
Mr. Suping r tat d that paving is not a prerequi ite; the staff
sugge t pavin i n an effort to get maximwn u e, particularly
COlllJllUt r u Unpav d trail would uffic for recraitional
use, tempor arily . Mr. Supinger noted that it i difficult to
ride th n w r model bicycl on unpav d roads.
Mr. Jone tat d that he under tood Mr. Jorgen on's point ;
it i more important to establish th trail route as a b ginning
point, than to have none at all. Mr. Jor en on coiaaented that
we ould los mo t of the propos d right-o!-wa if it isn't
tied down.
Di cu ion follow d.
would want to a k th
th r port a nd g t th ir r commendation prior
r c OlllJll nd t1on to City Council? Mr.
bicycl trail r port ha b n di
Dir ctor Roman , but not with th
Mr . Martin
R e r ation C
on th B1 cy l
that a l tt r b
Chai rman a kin
R port.
n to th Park
revi of and c nt
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on-street trails, but the bicyclist may use any street they so
desire . Mr. Lentsch stated that he didn't feel the specific
lane would be used by the bicyclists.
V. MASTER STREET PLAN
Traffic Patterns
Mr. Supinger stated that Mrs. Romans would make the presentation
on the Master Street Plan. He reminded the Commission that
City Council did accept the Commission recommendation of no
action until further study on the matter of one-way vs. two-
way traffic flow on Bannock-Sherman, West Hampden Avenue, and
the extension of West Hampden Place.
Mrs. Romans noted that the Commission had been given, this
evening, information fran the Director of Public Works and the
Traffic Engineer addressing the question on one-way streets.
Mrs. Romans stated that she would like to go into the background
of the Master Street Plan.
The Comprehensive Plan, or Master Plan, is a long range plan
to guide the growth of the City. The detail to be included in
a Comprehensive Plan can vary.
Mr•. Romans stated that the Englewood Comprehensive Plan was
prepared by three Planning Directors under the direction of
three different City Attorni ea. Mrs. Romans stated that the
authority for the Master Plan is contained in State Statute
139-59-6; the Statute gives the Planning Commission the
responsibility of writing and adopting a Master Plan. A
requirement of the Master Plan is that adequate provision be
made for traffic. When the Commission has adopted a Master
Street Plan there are certain restrictions placed on further
development in the City. No building permits aay be issued for
or construction take place on lands that are needed for street
purpose , or where additional street dedication i needed to
give frontage.
Mrs. Romans stated that the Comprehen ive Zonin Ordinance,
Subdivi ion R gulation , tc. carry out th int nt of the
Comp rehen ive Plan.
Th City Charter , which r at th
ay it i th r pon ib lity of th
Coepr h nsiv Plan, and that it mu t
t Plan
Ma st r
Plan,
District,
Comai sion, also
COlllli ion to pr pa a
k pt cur r nt. • •
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Mrs. Romans stated that the first Master Street Plan was drawn
by former Cjty Engineer Neil Barde; this was referred to City
Council, but no re c ord can be found that the Plan was adopted
and recorded. The Plan was directed largely to street widths.
Under Planning Director Joe Lacy, work was begun on the Compre-
hensive Plan known as "Englewood Tomorrow". Planning Director
Munns directed work on the Plan, which was known as "Guide for
Growth " during his tenure. The Plan was finally adopted in
1969, during the period when Mrs. Romans was Planning Director.
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Pictoral displays of the growth of the City from 1940 to 1950,
to 1960 -1965 to present day were shown. The street designations,
arterial, collector, freeway, etc, were also shown.
Mrs. Romans then reviewed several drafts of the Master Street
Plan section of the Comprehensive Plan. These drafts went
from great detail to a very general statement. The Comprehen-
sive Plan, as prepared and adopted, is rather general.
Mrs. Romans then discussed the north/south streets through
Englewood that would tie into continuing streets in other
municipalities. West of Broadway, there is no street that
runs from Yale to Belleview without some impediment other
than South Santa Fe Drive. East of Broadway , there is Logan
and Clarkson. Clarkson does not extend north of Yale, nor does
it go anywhere south of Belleview. North/south streets that
extend and tie in with streets in other municipalities, then,
are University Boulevard, South Broadway, South Santa Fe Drive,
and Federal Boulevard.
Mrs. Romans discussed street designations, such as local,
collector, arterial, freeway, etc. The primary function of
a local street is to provide acces to the property that abut
upon th tre t. Anoth r function for local streets i• to
provid ea ement areas for utilitie , and open space. 'nle
local str t carri th traf fic to the collector streets, which
i n turn, c arry th traffi c to th art rial streets. Th
arterial tr t mov lar vol\111 s of traffic through th
city into adjac n muni cipaliti and juri diction • Th f r way
ca rry high volum of tra fie at r onably high sp ed ; th
fre way i r lativ ly a c al o.
tat d that
ar as h r addi ional
it ; (2) and (3) Two
of Union t o outh
F t n Oxtord and
Pro po
Plan :
and Qu
d in th
at .s.
tr t
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Mrs. Romans stated that by Resolution #50, Series of 1973, City
Council did designate certain streets on which additional right-
of-way was needed.
Mrs. Romans then cited the Englewood Municipal Code, §14-3-9,
which section sets forth the duties of the Traffic Engineer.
Among those duties listed is: (5) Designate one-way streets
and roadways. Mrs. Romans emphasized that designation of
one-way streets, traffic control, etc., are all administrative
responsitilities of the Traffic Engineer. The Master Street
Plan does not address the matter of one-way streets whatsoever .
Mrs. Romans noted that an election in 1968 did address the
matter of one-way streets, most particularly South Bannock
Street between West Dartmouth Avenue and West Quincy Avenue.
Mrs. Romans urged members to become more familiar with the
Plan. Mrs, Romans noted that it has been five years since
the Plan was prepared and adopted, and that periodic up-
dating is advisable.
Mrs. Romans referred to the petitions that have been presented
asking that South Bannock Street be designated for two-way
traffic, She stated that persons have urged that the Master
Street Plan be changed to permit two-way traffic on South
Bannock ; she stated that she has attempted to show that the
Master Street Plan does not designate two-way traffic or any
form of traffic control. This authority is given to the
Traffic Engineer by the Englewood Municipal Code,
Mr. Martin asked if the Traffic Engineer in fact did have the
authority to designate traffic control and traffic flo ? Mr.
Supinger noted that the Traffic Engineer is not a d partment
head.
Mr • Karen Ratz
3748 South Bannock-stat d that th property own r
Bannock had r qu t d that th
d signated for t o-way traffi c.
alon South
tr t be
Mr • Ratz
and it i
bound and
aarki
r it rated th fact th r was an el ction p rtainin
traffic on South Bannock Str t, and th r ult of
t rmin d the hould b ay traffic on outb
rom W t Dartmouth Av at Quin y Av nu
point d out that th too narrow to
ay traffic prop rly,
tat d that th traf ic too fa t on outh Bannock,
poorly mark d; p opl turn onto Banno k to o north-
don' r aliz it' o n -a aouth cau o th poor • •
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Discussion followed. Mr. Jones stated that he felt other
items such as storm drainage had taken priority over widening
of streets to carry the traffic volumes. Mr. Jones stated
that South Broadway is carrying an undue amount of traffic.
Mr. Jones noted that Englewood is required to provide for
large volumes of "through" traffic, and that arterial streets
should be improved. Further brief discussion followed.
VI. DIRECTOR'S CHOICE
Mr. Supinger stated that members of the staff will be attending
the American Institute of Planners Conference in Denver October
27 thru 30th.
VII. COllMISSION'S CHOICE
Assistant City Attorney Lee stated that the C<>1111ission had
asked for an opinion from him regarding the referendua on
traffic flow on South Bannock; he stated that if the traffic
flow were to revert to two-way, the matter would first have
to be put to a vote of the people, inasmuch as the one-way
traffic flow was voted in in 1968.
Brief discussion ensued.
'nle meeting adjourned at 10:55 P.M •
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ENGLEWOOD PARKS & RECREATION COMMISSION
Minutes of November 14, 1974
The regular monthly meeting of the Englewood Parks & Recreation
Commission was called to order at 7 :30 p. m. by jack Poole, vice chairman, in
the Parks & Recreation Office.
Members present: Cushing, Poole, Mann, Howard and Romans, ex
officio
Me mbers absent: Allen, Hewitt, Blessing
Also present: Jerry Royther, Asst. Dir. Parks & Recreation
George Pearson, Asst. Dir. Parks & Recreation
Howard moved, Cushing seconded, that the October 10, 197 4 minutes be
approved as mailed. Motion carried.
The October financial report wa s presented for information. (No September
report prepar d by Fi nance Department) Mr. Royther predicted there would be
a $6, 000 deficit at the end of the year due to the salary increase necessary because
of th new labor law s.
Mr. Romans informed the Commission that t he Recreation Fund budget for
197 wa tncrea ed by $27, 000 and the School District has included a $10, 000 con -
tribution to th Recr ation Fund in its 1975 budget. This will bring the budget up
sufficiently to cover increa d wages but nothing for new or expanded programs.
Mr. Cu hlng told th Commts ion that Mr . Galen Spencer ha given the
E n ood Li n er ub l, 209 to u d for a memorial to her late husband which
h would like to placed in lleview Park. T Lion Club Board a lc.ed Mr.
Cu hin to g t ome t omm ndations from th Commission and report back to
th m. ft r con id rabl di the C mmi ion offered the following r com-
m cho c : ouncll Fir Place,
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Min irt"' of ovc mber l 4, 19-·t
Pa 'c -1 -
\1r. Cu ·hillf, n..ported that h .. would mt t short!. with the Awards Committee
to ta b l!sh some guid ·line s for the Recr ation Honor and Service Award'<. Th
o l• · m <.111 •r :-. o f th c o t,, ii t <.:e ,ire Hnnert Pr tor nd Don Cushing:.
n t!r prokc t rtpnrt s , !'. r. Homdn n :ported that the work on the tcnm~
("I ul m J 1i.111 J l all court Ix h ind .... •ll t;duk and not satisfactory on th hanJhall
cil'J l'h • dt p.1rtrn<.nt h.b 1i .1d nwt:rin s with h ·contra ·tor and n)?:tllL'L'r tnin • to
Iv t 1 ir u·tt !l)n. I \\ c1 ... de idcd co let thL'lll co11t111u with the weir~ t n l 1
m r l(l t h work that 1s not ·att:,fa wry. Th court ' 'houlJ rt ad,
pri
urt.1 111 1 t h • llh!h 11 l nm 1 rt s tx•e n c < rnpk t I act -
\ d r nn ol ch i: I J" 1 wav 1 ,•inn h win' th t\ • of plant-propo. d to Ix>
1 'n or 1111orn twn. n
Dlll on ti Rt\!l r I
11 l 1 t Ip
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Minutes of November 14, 1974
Page -3-
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( as far as the staff is conce rned. It was suggested that a committee of Senior
Citizens be organized to promote this project. After further discussi. on, Cushing
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moved, Howard seconded, that the chairman appoint a committee of three to work
as a core group to organize a Senior Citizen Advisory Committee for the purpose
of exploring the needs for this type of facility. Motion carried. Cushing, Howard
and Poole will serve on this committee.
For information, Mr. Romans reported that a letter has been received
from the Planning Department concerning a parking lot Mr. VonFrellick has asked
permission to locate west of Dartmouth Park. (Rouse Property) The Commission
ha s r ecommended to City Council seve ral times that this property be purchased for
use as park land.
Th oral examinations will be held on November 19 for the six finalists
chose n for th position of Women's Recreatim Supervisor. Mr. Royther hopes to
tre one of the six and that the y can tart work around the middle of December.
Mr. Royther aid that ome of t he Jr. Amert can coaches have been approached
b girls wanting to participate in th boys athletic programs. He said th e que s tion
is hould girl allowed to partlcipat with boy in football and ba ke tball or should
girl 11 program be dev lo which would mean in incr a e in budget.
c r program f r irl runnln t t am time boys foot 11)
ould 11 ft mmi ton a to which d ction
mmi ion comm nd that th girl
11 nd ba tball thi rand lnclud in
th am for lrl
t 10:00 p. m •
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MIMOUMMtM
Andy Mccown, City Manager
...., Kells Waggoner
....cl1 PROPOSED PAVING DISTRICT NO. 22
DATli November 21, 1974
Attached is a paving district schedule and a list of
proposed streets to be included in Paving District No.
22, along with the estimated Section A and Section B
costs, and a map showing the locations of the proposed
streets in relation to the City as a whole. In the
Public Improvement Fund, it was proposed that $150,000
be budgeted for the City's share of the Paving District;
and as you can see, the Section B total for this District,
if approved as is, would be $136,750.
We wi ll need an i ndication from Council at this time
whether other streets are to be added, but Council would
the n have unt i l February 3, 1975 to remove streets from
the District.
Sincere ly,
~.~-n.:::r-----
Oi r ctor o f Public Works
JCW /la
Attacha.
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PROPOSED PAVING DISTRICT NO. 22
1975
Streets
Sec. A Sec. B Total
1) 4500 s. Acoma 21,000 1,700 22,700
2) 1800-1900 w. Baltic 43,600 400 44,000
3) 2200-2300 w. Baltic 28,900 1,000 29,900
4) 4600 s. Bannock 35,200 1,250 36,450
5) 1900 W. Cornell 21,900 2,900 24,800
6) 2700-2800 S. Elati 96,700 6,300 103,000
7) 3400 s. Emerson 29,200 350 29,550
8) 4000 s. Galapago 13,100 2,100 15,200
9) 1600-1700 W. Harvard 46,200 1,050 47,250
10) 2000-2300 W. Iliff 63,000 9,200 72 ,200
11) 000-300 w. Le how 81,200 4,650 85,850
12) 2700 s. Pearl 17 ,900 6,200 24,100
13) 4 60 0 s. Pearl 25,650 1,750 27,400
14) 2200 s. Raritan 39,600 11, 000 50,600
15) 2500-2600 s. Raritan 77,100 16,000 93,100
16) 2100-2200 S. Vallejo 65,600 16,700 82,300
17) 2000-2300 w. Vassar 33,900 37,200 ' 71,100
18) 1800-1900 W. Warren 43,600 550 44,150
19) 4500 s. Washington 21,300 850 22,150
• 20) 1600-1700 w. Wesley 46,300 3,700 50,000
STREET TOTALS ------------$ 850,950 $124,850 $ 975,8Nl
Alle:ts
*l) E. of 3700 s. Acoma 20,200 1,600 21,800
2) E. of 3900 s. Acoma 20,200 1,600 21,800
3) E. of 460 0 s. Acoma 20,200 1,600 21, 800
4) E. of 4700 s. Acoma 20,200 1,600 21,800
5) E. of 3800 s. Broadway 20,200 1,600 21,800
*6) E. of 35-3600 s. Galapago l3,4PO 700 14,100
*7) E. of 3300 s. Washi.ngton 21,000 1,600 22,600
*8) E. of 4300 s. Washington 20,200 1,600 21,800
• ALLEY TOTALS -------------$ 15St600 $ 111900 s 167,500
DISTRICT TOTALS ----------$1,006 ,550 $136,750 $1,143,300
*Unaucc saf ul All y P i. ions
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11-20-74
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tlTY Of ENG LE WOOD
47° .. ". T ,._,
STREETS
ALLEY S
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PROPOSED PAVING DISTRICT NO. 22
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CITY Of E NGL[WOOO
STREETS
A LEYS
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Andy Mccown, City Manager
MOiii Kells Waggoner
...cft SIDEWALK IMPROVEMENT DISTRICT 74
DA•
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November 18, 1974
Attached is a copy of the Time Schedule for Completion of
Sidewalk Improvement District 74.
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Director of Public Works
ls
Attach.
cs: Karl Nollenberger, Finance Director
Gene Sagrillo, City Engineer
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TIME SCHEDULE FOR COMPLETION
OF
SIDEWALK IMPROVEMENT DISTRICT 74
Monday, January 6, 1975
Thursday, January 9, 1975
Friday, January 10, 1975
Thursday, January 16, 1975
Thursday, January 23, 1975
Thursday, January 30, 1975
Monday, February 3, 1975
Monday, February 17, 1975
Thursday, February 20, 1975
Monday, March 3, 1975
Thursday, March 6, 1975
Saturday, April 5, 1975
Monday, April 7, 1975
10-25-7 4
QJS/lda
Resolution authorizing publica-
tion of Notice of Completion
and calling for Public Hearing
Notice of Completion and list of
assessments published first
time
Mail notices of aaaeaamenta and
public hearing
Second publication
Third publication
Last day for written protest•
Public hearing on aaaeaamenta
Bill for ordinance aaaeaaing coats
Publish aa a bill.
Consider Bill for Ordinance on
second reading.
Publish aa an Ordinance.
Ordinance in full force • effect
Last day for payment in full
without interest
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a1foa
1973 -74
OFFICER S
Presiden t
R O B E R T E . B R OO M
Fi nen c e D ire cto r
1 4 70 Em pori •
A u r or•, Cn lorado 800 10
Vice Pres ident
IR V I N l:. C HRI STNE R
Fin •nce D ire clor
P. 0. B oa S90
Sterlan1. Coloredo 80751
ecretory
J OHN MAIW ELL
D ir ec t or Ad minie lr•t1•e enice e
1~80 Yarro •
L ak e wood, Colo ra ~o 10215
Trea s urer
R I HARD J U C
Fin a n<'.e D v ector
P .O. B oa 4 19
Lou•land, Colora do 80$37
• . . .
r.xr.c TI VE RO RD
CHARL IE D . CAI ft•••c:• D ueclM
P. 0. Bo a 510
fort Call1ae, ColwaJe 80521
lAllL OLLE B RC R
f'u11 a 1u·a Duetlar
1400 out El a u
..,, ....... 41, C••••4• 10110
l:D I. FVA "••t•l••t l''•••t• Dvactor
&t a LU. .. •1lr. rrut
I ••a .. u . C •l•t•4 • 80$01
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COLORRDO ffiUnlCIPRL flnRnCE OFFICERS RSSOCIRTIOR
Mr . Andy HcCown
City Manager
City of Englewood
3400 So. Elati
Englewood, CO 80110
Dear Mr. HcCown :
November 21, 1974
Encloaed is a Reaolution adopted by the Colorado Chapter of
the MFOA at our annual -•ting in Denver laat week c~ding
Karl Nollenberger and hi• ataff. The Certificate of Conforwiance
is an honor that all cities atrive for.
Aa i.mediate Paet Preaident, I would like to c~d your City
for encouraging your ataff ... bera to participate in profe1-
aional organization• like the KFOA. JCarl'• participation thia
paat year ha• helped make our organization mch more effective.
Thanlta for your aupport and cooperation.
Cordially,
(/ff'A' (2, .. .__
aOBnr I. BIO<lt
Paat Pruident, Colorado MPOA
Enclo1ur e
cc: Karl No1'.enber1er
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R E S 0 L U T I 0 N
A RESOLUTION RECOGNIZI NG THE CONTRIBUTIONS CT HIGH STANDARDS AND OUTSTAND-
ING JOB PERFORMANCE av Mrl. KArlL NOLLEN8ERGER, DIRECTOR Of FINANCE, CITY OF
ENGLEWOOD, COLORADO, AND HIS STAFF.
WHEREAS, Mr. Karl No llenberger has loyally served the City of
Englewood in his capacity as Director of Finance, end
WHEREAS, Mr. Karl Nollenberger hes been a member of the
Municipal Finance Officers Association of the United States end Canada,
and has been a memb e r of the Colorado Municipal Finance Officers Associe-
tion, and
WHEREAS, the Municipal finance Officers Association of the United
States and Canada has awarded Certificates of Conformance since 1968,
which certificates embody the high standards established by the Municipal
f i nance Officers Association as set out in the publication of the
Notional Committee on Governmental Accou nting and Certificates of Confor-
mance oo honored by the Municipal finance Officers Aeaociation in the
State of Colorado, and
THEREFORE, BE IT RESOLVED av THE MUNICIPAL FINANCE OFFICERS
ASSDCIATIO AS FOLLOWS:
Thnt through th fin r. efforts of Mr. Kerl Nollenbarg r nd hie
staff that th 197 3 Annual Financial RRport of th City or Engla111Jod hes
succ aefully m t th etanderdn or th publication •Governmental Accountinq,
Audi ing nrt finencin Reporting," end ia entitled t ot C rtlficsta of
C nrorm nc awe rd fro this ~b rahip •
PASSED A 0 ADOPTED on thil urit' day of' r, A. D. 1971. •
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ENGLEWOOD WATER AND SEWER BOARD
REGULAR MEETING
NOVEMBER 19, 1974
The meeting was called to order at 5 :01 p.m. by Chairman Fullerton.
Member s present: Bab coc k, Fullerton Jones , Knight, Schnackenberg and Taylor.
Memb ers absent: Haye s and Sovern
Al so present: C.B. Carroll , Jr., Director of Utilities
I . ONE YEAR EXTENSION OF CITY DITCH AGREEMENT WI TH DENVER WATER BOARD.
Mr. Carroll ex p lained that Denver has not ye t found an alternate source of
water that i s acceptable to the Denver Country Club. Under the terms of the
on year extension, Denver would reimburse Englewood for pumping costs that
would hav been avoided by bringing gravity wat r from the Ditch . Also that
Denver would reduc its n eed from 9 CFS to 7 CFS. The pumping cost that Denver
would reimburse would b approximately $5,500.
Mr . Schnackenberg moved;
Mr. Babcock s cond d: That the on e yea r extension of the City Ditch Agreement
with th Denver Water Board, relativ to the conditions
xpressed, b approved and forwarded to th May or for
hi s si gna tur
Th motion pass d un animo u sly .
II WATER DISTRIBUTOR'S AGREEMENT TO PROVIDE SERVICE TO THE GAS-A-HAT STATION
AND PROPERTY AT U.S. 2 5 AND SOUTH BRYANT STREET, I SHERIDAN.
Hr. Carroll xpla i n d that thi s self-s rvice station and prop rty ar 11
w 11 is oin bad. To conn ct to Denv r water would b e
r available is across th
i n an Agr m nt with th Us rs
m onto th a va i lable Engle
Hr. Sov rn ntered at 5 : 0 p .m. and was s at d.
Mr. Taylor mov d;
Hr. S hn k nb r cond d: at th H pd n Wat er Users As• iatJon
b pprov d and th May or b aut orl d to
Tb t i as d un nl u1 l "
l ll.
d out th t
rv Ir for
111r ,
us
nt wl h t
train{
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Hr. Carroll stated that he was still gathering data and figuring the costing
out to make it feasible for Englewood to und ertake the project. He feels he
can make a reconmendation to the Board some time after the first of the year.
The meeting adjourned at 5:55 p.m.
Re spectf ully submitted,
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Ruth Uncapher
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R cording S cretary
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ENGLEWOOD WATER AND SEWER BOARD
REGULAR MEETING
NOVEMBER 19, 1974
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J.jJJ 11
The meeting was called to order at 5:01 p.m. by Chairman Fullerton.
Members present: Babcock, Fullerton Jones, Knight, Schnackenberg and Taylor.
Members absent: Haye s and Sovern
Also pres e nt: C.B. Carroll, Jr ., Director of Utilities
I. ONE YEAR EXTENSION OF CITY DITCH AGREEMENT WITH DENVER WATER BOARD.
Mr. Carroll expla ined that Denver has not yet found an alternate source of
water that i s acceptable to the Denver Country Club. Under the terms of the
one year extension, Denver would reimbur se Englewood for pumping costs that
would hav be n avoided by bringing gravity water from the Ditch. Also that
Denver would reduce its need from 9 CFS to 7 CFS. The pumping cost that Denver
would reimburs would be approximately $5,500.
Mr. Schnackenberg moved;
Mr. Babcock s conded: That th on year xtension of th City Ditch Agr eement
with th Denv r Water Board, r lative to th conditions
xpr ss d , b approved and forward d to th May or for
his si natur
Th motion pas d un nimou ly .
II WATER DISTRIBUTOR'S AGREEME T TO PROVIDE SERVICE TO THE GAS-A-KAT STATIO
AND PROPERTY AT U.S . 2 5 AND SOUT H BRYANT STREET , IN SHERIDAN .
Mr. Carroll
wat r and th
lmpossibl a
Th own rs r
A so i lion"
xplain d that thl s lf-s rvice station and prop er ty ar on 11
w 11 i oing bad. To conn ct to Denver water would b almost
th ater availabl is across th highway inters ction .
od si n an Agre m nt with th "Hampd n Water Us rs
tap onto th availabl Englewood water line.
Mr. Sov rn nt r d at S : 0 p . nd was a at d.
Mr. Taylor ruov
Hr. Schn ck nb r cond d: hat th H mpd n Wat r Users
b pprov d nd th Mayor b
so iation re m nt
authoriz d to si gn •
Th t l n Pu a d unanlmou I)'.
111. COL RADO DlV 'S WORLD TO US H LELLAN VOi FO SCUIA
Mr. C rroll point d out that~ doh v
u ML• II n Ra rvolr for th ir fin
u with r l e wh n n 1 ry, without. cos
nt with th A·l Div rs school
tralnln , wh r by th y supply
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It was the consensus of th Board, that to allow any additional schools to
u se McLellan Reservoir, would obligate Englewood to allow any that apply, and
that Englewood could not utilize the service of more than one diving school.
Mr. Babc ock moved;
Mr. Sc hn ackenberg seconded : That the Board refuse the use of McL ellan Reservoir
to any diver's schools for scuba training , excepting
th present arrangement with A-1 Diver's School,
which is reviewed annu ally.
The motion pas se d unanimously.
IV . CITY DITCH CROSS lNG AGREEMEN T FOR SANITAR Y SEWER NEAR WEST EUCLID IN
LITTLETON.
Mr. Carroll explain d that this crossing is in the same area as the crossing
previou sly allowed for storm drainage. There was consid rabl discu ssion of
the danger of pollution to City Ditch water and the danger to the s wer line
from infiltration.
Mr. Schnackenb rg mov d ;
Mr. Sov rn s conded : That the City Ditch crossing Agreem nt with th B.B.
Anderson Dev lopment Co. b approv d , r fleeting th
protective measur s outlin d, and th Chairman b
authorized to sign .
Th motion pass d unanimously.
V. LETTER OF RESIGNATIO FROM MS. JEANN PERRY.
av a sy nop sis of M
nnm s to th~
Mr. Carroll invit d all Board m mb
Bl-City W sl w t r Tr a nt plant
th Cormiun!ty Room at City H 11.
r.
S c r
pr
rs
on
r of r
b
ignation.
in b
ns int
It wa the cons
Board and
int r st d
tin
to att nd th bid op nine !or th
hursday, ov mb t 21, t 2 I •
had had ali
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Hr. Carroll stated that he was still gathering data and figuring the costing
out to make it feasible for Englewood to undertake the project, He feels he
can make a recorrmendation to the Board sometime after the first of the year.
The meeting adjourned at 5:55 p.m.
Respectfully submitted ,
Ruth Uncaph er /
Recording Secretary
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
November 19, 19 74
Subject: One year extension of City Ditch Agreement with the Denver Water Board.
Recol'll!lendation: That the one year extension of the City Ditch Agreement with
the Denv r Water Board be approved by Council and that the Mayor
and City Clerk be authorized and directed to sign and seal the
Agreement on behalf of the City.
R s p ctfully submitted,
E GLEWOOD WATER AND SEWER BOARD
By:....,,.~.,,,...~~~~,,,....."":"-~~~-'--
Don Fulle rton, Chairman
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD
Dat e: November 19, 1974
Subject: Wat er Distributor's Agreement to provide water the the Gas-A-Mat
Station and prop rty at U.S. 285 and South Bryant Street, in Sheridan.
Recorran endation: That the Hampden Water Us rs Association Agreement be approv d
by Co uncil and that the Mayor and City Clerk be authorized and
dir cted to sign the Agreement on behalf of th City.
R spectfully s ubmitte d,
ENGLEWOOD WATER AND SEWER BOARD
By:
~Do~n-Fu::-1~1;--r~t~o-n-,~Ch::-a~i-l'llUl __ n ___ ,~
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SWlOHleUM
Andy Mccown, City Manager
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DA11i November 21, 1974
..atllr Kells Waggoner
-..cT1 FEDERAL AID-URBAN SYSTEM
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The City of Englewood recently requested several work
projects be included under the Federal Aid-Urban System
Funding, and it would appear now that one o! those projects,
namely, the intersection of S. Santa Fe Drive and Dartmouth
Avenue, will be funded during fiscal year 1975.
Attached is an agreement and a transmittal letter from the
State Department of Highways. Thia agreement is an overall
agreement covering most of the terms and conditions of the
Urban System in general; and in addition to this, separate
project agreements would be provided for each individual
project approved. The State is asking for our Council to
authorize execution of the documents, which appear to be the
usual ones that the State submits; and I can't see that they
would cause us any problems insofar as any work project is
concerned.
Sincerely,
/~~~~
Kell s Waggoner
Director of Public Works
KW/ls
Attach.
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STATE DEPARTMENT OF HIGHWAYS
CHAS. E . SHUMATE EXECUTIVE DIRECTOR
Englewood,
Colorado
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\' DIVISION OF HIGHWAY S !J ISTRICT 6
E . N HAASE
CHIEF ENc:;INEER
20 00 50UTl1 H OLL..Y
Hr. Kelle W&ggooer
Director of Public Work•
3400 S. Elatl Street
Englewood, Colorado 80110
Dear Mr. wagoner:
OlN V£A CO LORADO 00122
Nove.ber 12, 1974
R E HEATHCOTE
DISTRICT ENGINEER
Ref. 06-00
• 10 ). 757 0252
Encloeed herevlth for your rniev and appro.al are four coplH of our pro•
po•ed Maeter Agreement for Project• on the Pederal•Ald Urban Syetem. 'Ible
l• an over-all asre.-ent covering moet of t1ae~ter.e and coodltlona of the
Urban Syet-ln general, vith lndlYlclual Urban Projecta to be COYered by
eeparate Project Agreement• ln the future.
If thl• agre ... nt le .. tlafactory la all reapecta, pl .. ee ha.a lt executed
by the appropriate Clty offlcl.ah and return tlarH aipaed coplH to tbla
office, retalnf.a& om copy for your fll••• Aa aoon aa all partlH haYe
•i rn~d the agr .... nt, a fully executed copy will ba nturaed to you.
Al:10, 1f thla asre-nt ••t• vlth JOUr ..,rowl, pl .... obtain the proper
ordinance or reaolutlon autborlalna execution of the aare ... nt frOll the
Clty r.ouncll aacl attach a copy to .. cb CCIPJ. of the •are-at aa llBillT "A."
Should there be any deelred addltloaa, deletiou, or nYl.alou to the •aree•
.. nt ln it• preaent fora, pl ... e draft tbe c:halla•• ... return the draft and .
!.!.!. coplu of th• aar-t, latact. to tlal• office for: hrthar ren-.
1£ ve can be of further Hllata~, do -t healtate to call our Orbaa
Sy•te ineer • Rarey Sabin, at 7S7•t210.
Cc : HUH
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Vary U\aly yove,
l. I. mln<X1'11
atrl.ct Dlai ... r
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING SECTJO 4 ANDS, CHAPTER I, TITLE XIII,
OF THE 1969 E.M.C., BY I CREASI G THE AMOUNT OF THE LIQUOR
OCCUPATIONAL FEE, FOR ALL CLASSES OF OPERATORS, AND AUTHOR -
IZING PROPORTIONAL CHARGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD,
COLORADO , as follows:
Section 1.
That sections 4 and 5, Chapter 1, Title XIII, of the
'69 E.M.C. are hereby amended to read as follows:
13 -1-4 AMOU T OF FEE
There is hereby levied and asses ed for each calendar
year, OR FRACTIONAL YEAR, an occupational fee upon the busi -
ness of selling 3.2\ beer, malt, vinous or spirituous liquors,
except medicinal liquors, with in the City, as said occupation
has been classif ied as follow :
For All Class tt ti Operators the sum of $800.00
For All Class "B" Operators the sum of $400.00
For All Cla s "C" Opera ors the sum of $500.00
For All Cl SS "D" Op r or the sum of $500.00
For 11 Cl s 1t " Opera or he sum of $500.00
For All Cl SS "F" Oper tor the Ulll of $400.00
13-1-5 PAYM T OF FE
) Such fee hall be due and p able to he Dir c tor of
Finance a follows:
2) For all
of
th
s "A .. ,•• .. , "C" • ''0°,
nd h 11 b
nd " " op rator ,
d 11nqu n Feb ru ry l,
h y ar on th d t
nt thir y (30) day
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c) If such occupation is newly undertaken or commenced
subsequent to January 1 of any year (except for class "F"
operators): or the TAXING ORDINANCE SHALL BECOME EFFECTIVE
SUBSEQUENT TO JANUARY 1, OF ANY YEAR, the fee shall be pro -
rated for the rema i ning portion of the year or the REMAINING
PORTION OF ANY CLASS "F" OPERATOR'S LICENSE. However, if
such business is actually in existence and only temporarily
closed, no such proration shall be made, and no refund shall
be made to any person who discontinues said business during
the year.
All prorated fees herein provided, shall be due and payable
upon the beginning of business, OR UPON WRITTEN NOTICE BY
THE DIRECTOR, and shall be delinquent ten (10) days there -
after . Interest shall accrue on all delinquent fees from
the date of delinquency until paid or collected at the rate
of 1 \ per month.
Introduced, read in full and passed on first reading
the Znd day of December, 1974.
Published as a Bill for an Ordinance on the Sth day
of December, 1974.
Mayor
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M E M 0 R A N D U M
To: Andy Mc cown, City Manager
From: Kar l No llenberger, Director of Finance
Subject: Liquor Oc cupational Fee
Date: November 12, 1974
We have made a survey of liquor occupational fees in the metro
area in an effort to analyze the level of those in Englewood.
I t would appear from the e n closed survey that ours are low in
overall comparison. Indeed, if you look at the list of police
c all s made to liqu or establishments on the memorandum fr om
Ch ief Cl asby concerning renewal of these licenses, the r e venues
are out paced significantly by the resultant coats to the City
ot having the establishments located here.
I fee l that an increase in the charges made tor liquor occupational
fees is in order. I would suggest the following schedule.
Fo r all Class "A" Operators the sum of $800
For all Clasa "B" Operators the sum or $400
Fo r all Cl ass "C" Operators the aum of $500
Fo r a ll Clau "D" Ope ra tor a the s um o r $5 0 0
Fo r all Claaa "!" Ope r ato r a t he sum or $50 0
For all Clau "F " Operator• the aum or $400
Tb• r e venu a rea l ized from thi1 in c re a •• am ount to $1 1 ,450 •
Thia cou ld 1 0 a 1on wa7 toward• fin a ncin1 a propert7 t az r eba te
p r o1ra f o r 1975 if the Co un c il c o n inuea to con11d•r tha t p r ocra
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INTRODUCED AS A BILL BY COUNCILMAN
A BILL FOR
AN ORDINANCE AMENDING SECTION 4 AND 5, CHAPTER I, TITLE XIII,
OF THE 1969 E.M.C., BY INCREASING THE AMOUNT OF THE LIQUOR
OCCUPATIONAL FEE, FOR ALL CLASSES OF OPERATORS, AND AUTHOR-
IZING PROPORTIONAL CHARGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO, as follows:
Section 1.
That sections 4 and 5, Chapter 1, Title XIII, of the
1 69 E.M.C. are hereby amended to read as follows:
13 -1 -4 AMOUNT OF FEE
There is hereby levied and assessed for each calendar
year, OR FRACTIONAL YEAR, an occupational fee upon the busi -
ness of selling 3.2\ beer, malt, vinous or spirituous liquors,
except medicinal liquors, within the City, as said occupation
has been classified as follows:
For All Class "A" Operators the sum of $800 .00
For All Class "B" Operators the sum of $400.00
For All Class "C" Operators the sum of $500.00
For All Class "D" Op rators the sum of $500 .00
For All Clas "E" Operators the sum of $500.00
For All Class "F" Operators the sum of $400.00
13 -1 -5 PAYME T OF FEE
a)
Fi n
Suc h fee s hall b e du e a nd payable to the Dire c tor of
nee a follows:
cla "A 0 , ''B" • °C", "D 11
, and "E " o pe ra t o r s,
eac h y ar a nd h a ll be d li nquent F b ru ry
ear.
Z) For all
o f i u an c ,
ther aft e r .
o p r a t o r , e ach y a r on th d te
h 11 be d l i nqu n thirty (30) da
1,
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c) If such occupation is newly undertaken or commenced
subsequent to January 1 of any year (except for class "F"
operators): or the TAXING ORDINANCE SHALL BECOME EFFECTIVE
SUBSEQUENT TO JANUARY 1, OF ANY YEAR, the fee shall be pro-
rated for the remaining portion of the year or the REMAINING
PORTION OF ANY CLASS "F" OPERATOR'S LICENSE. However, if
such business is actually in existence and only temporarily
closed, no such proration shall be made, and no refund shall
be made to any person who discontinues said business during
the year.
All prorated fees herein provided, shall be due and payable
upon the beginning of business, OR UPON WRITTEN NOTICE BY
THE DIRECTOR, and shall be delinquent ten (10) days there-
after. Interest shall accrue on all delinquent fees from
the date of delinquency until paid or collected at the rate
of 1\ per month.
Introduced, read in full and passed on first reading
the 2nd day of December, 1974.
Published as a Bill for an Ordinance on the Sth day
of December, 1974.
Mayor
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IN THE DISTltlCT COURT IN AND FOR
THE COUHTT OF ARAPAHOE
STATE OF COLORADO
Civil Action Mo. 28585
Division l
RORMAlf E. SAMPLE, at al • , )
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Plaintiffs, )
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TRE CIT! COUNCIL OP THE CIT! )
OF EMGLEWOOD, COLORADO, et al., )
)
Defendant•. )
APP!AIARCES :
ARREXATIOtf K£ARirG
BE!'ORE TI:E EttGLEWOOD
CITY COUNCIL
VII.LUM IL Hn.ICK, At:toruey at: Lew, froct
the Law Pirm of Myrick and Fricby, 1439 Court Plr c ,
D:mwr, Colorado, app .. rit\g on beh lf of tho Plaintif,.e.
G!OllC! I. LIE, Attorney at Law, ftC!!l th
office of the Aa•l•tant City Attorney, 2401 !a•t 2
Avenue, Denver, Colorado, appearing on behalf of th
Defendant•.
Alftl!XATIO KJWUIG l!!ORE TRI !1'r.LEVOOD
CITT COUllClL at 3400 South !lati Street, Denver, Color do,
token OD Septeabar 30, 1974 at 7 :00 p.a., be!ore Eileen
CbarlH Hyatt, Certified Shorthand Reporter wt.thin
Colorado .
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INDEX • 2 EXHmITS Presented
3 lnterpleader Exhibits 1-A, 1-B, 1-C Paee 20
• City Exhibit No. 1 Paee S4
5 Objectors' Exhibit No. 1 Pe r e 24
" " No • 2 Pc~c 26 • It " No. 3 Paee 32
It If No. 4 Pe~e 45
7 II II No. 5 Fe~e 70
It " No. 6 PL'ee 75
I It " No. 7 Paee 80
It If No. 8 Page 75 • " " No. 9, 10 Page 78
" If No. 11 Page 79
lO It If No. 12 P8 8C 78
" " No . 13 Pa ge 80
ll It " No. 14 PaRc 83
" " No. 15 Pegc 85
l2 " " No. 16 Page 98
13
14
15 Win ESSES
18 I.ELLS WAGNER Page 32
17 DOl.CEY HALL Page 10
11 BRADLEY H. CUM Page 81
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WHEREUPON, the following proceedings we re had
2 at 7 p.m. on the 30th day of September , 19741
3 (WHEREUPON, roll call was taken of council
• member• preeent. All ware preeent except Councilman Taylor
5 and Councilman Mann. Mr. Mann arrived ten minutes after the
I beginning of the •etin9.)
7 MR. CLAY'l'OM1 I move that Councilman Bleesing
I be voted upon by the Council to act •• Chairman of this
I aaetin9 toni9ht.
10 MR. BROlfth Second.
11 KR. CLAYTOll 1 Bxcue• -, to act a a Mayo r , I
12 beli~, the motion ehould reed.
13 MR. BLBS8IllG1 It hae been moTed a nd e e conded
It that the aiotion ia that your• truly, Paul a1 .. ei09, act ••
15 Mayor toniC)ht. Queation.
• II (WBBUUPON, a YOt• waa called fo r a ni' tbe
17 q ueation wae unanimouely paeaed.)
II MR. SOVB M 1 Tour Ho nor, I _,,, that th
19 continuation o f the PUblic Boarinq on the Santa Pe-Union
IO Annexation be opened.
21 MJl. CLAYTON a Second•
22 MAYOR PRO ftMt It bu been 8IOYed and e9<:0n4ed
that the Public Hearing
U anybody?
opened. An there a ny reauu froe
u HR. JAHE81 Qoeatioo.
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MR. LEE: May I, Mr. Mayor?
MAYOR PRO TEM1 You may.
MR. I.EB 1 Thia is the aecond remand by the
Honorable Judge Marvin Foote, District Judge of the
Seventeenth Judicial Diatrict.
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The fir•t remand occurred beoause he indicated
that there •hould be •pecif ic findings as to facts by the City
Council, pursuant to the •tat• atatute 1"99arding that matter,
after public hearing• ha,,. taken place. Thia presumably vaa
done.
In any event, tbe aatter caae again before th•
eo.&rt, and at that ti11e certain exhibit• and so forth were
•ubaittect by Mr. Myrick, ~ 1a an attorney repre•entin9 the
Plaintiff•, and a• he baa indicated, Ila.a other people vbo are
wm&Md at thi• point, in the area.
An4 after diacuasion and ata~ts by the
Court, and I think all the OCNnOi1-n ban reoeiftd copi•• of
the tranecript of th• Court'• •te~nt at that tt.e, a• wiell
u the fir•t •tetemenu aada by tranacript, the Court
indicatect that thi• vu to be, I quote, • fall-aoale bearift9,
co-unquote, vbich vae to 9he anron-vbo ba4 any obj9Ctiona
to the annexation the opportunity of pr .. 9Atin9 either
ta or written aaterial or exhibit• or what• r you
wish to call t.hea, to the Council for t.be Council'•
conaid ration, vh41ther or not •\ICh exhibit• had tMMtn a itt9d
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or not been admitted over objection by me as counsel for the
city.
The Court further indicated that this vas to
be a hearing conducted by adainistrative lav1 that is, there
wu to be, as I understood the Court, a relaxed rulinq
concerning the type of evidence to be presented. Tbo Court
indicated you are not a court of law, that you are an
adllinistrative tribunal, and that your duty is to make
detenainations of fact, that any decisions of law that were
to be aade would ultiaately be !Ude by the Court upon a proper
cballen9e in tbe court itself.
And with that in llind, I then at a later tt.e
en989ed J\ad99 Foote in a oonverAtion, Vbiah I reported to
oppodn9 c::ouuel by letter, and th• further bf a telephone
conftreation with Mr. Gollub when be called -upon receipt of
• the letter, in ...U.ch it had been 1ndioat94 to • by J\ad99
Foote that be would remand the entire exhibU file beloft9inCJ
to the Court, Vbieb Mr. 1'ollenbarCJU baa now in hie po s .. aion
in t OrAft99 box at hi• d ek, wh e re i t wu to be Wied i f
d dred by anyone who is aakift9 objectio or ot.barviM t thh
Be fu r t r t n •tnleted • that it woa ld be a
CJOOd 1 a if 1 notified counHl that I bad thie aaurial ill II)'
po• ••ion, ich I id q•t froa t Court , that it •
ava la.bl• f or •ir inapection a t anr ti•, oouiatent wi th
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some ability of counsel to meet. I did write this in a
2 letter.
3 Be alao indicated to • that if Mr. Myrick or
• any of hi• associate• viahed to baYe any city employee
teatify, Which be felt it vaa the riqht for Mr. Myrick or
6 asaiatant counsel to do, that if they would notify
7 Mr. Nollenbar9er or 80ll80ne in hi• place which city eaployeea
8 he would like to have present at thi• •etin9. And the city
I abould aake ev.ry effort to aee that tho•• employee• vore
10 preaent. I also indicated this in the letter to Mr. Myrick.
11 Within a day or two thereafter, I received a
12 call from Mr. Gollub, who ha• been uaiating Mr. Myrick in
13 bandlin9 the caae, and be indicated to • that be bad
" receiftd the letter. I alao feel that be indicated to 11e that
15 be vu not happy with llY bavint bed a converaation with
• J\1499 Foote in re9ard to the procedural aapacts relatift to
17 this bearinq. And I indicated to hia that be vu ~rfectly
II free to aee or talk to Jud9e Foote at any timo outai4e my
19 preaencca, if there vu any probl-in that connection.
I do not know at tbi• point vheth r or not
21 any effort waa ..Se on the part of eitbar llr. Myrick or
22 Mr. Gollub to look at the exhibita in that oranqe box there
13 at Mr. Nollenbarc)er'• dealt, althouqh I certainly did indicaai
to Mr. Gollub that they were a•ailable to hia.
And I alao do not know Whether or DO any
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request was made for any particular city employee to be
present at this hearinq.
That ia the status of the situation as of the
preaent tiM. I understand Mr. Myrick was out of town until
Saturday, so that Mr. Gollub wu callinq becauso Mr. Myrick
was not present or at least was not available.
And I would like to, at thia point, prior to
rq proceedinq, to have the Council inquire of counsel for the
Plaintiffs, and whomever elae they .. Y be representing, u
they baV'e indicated they do represent other people in the
area, but they are unnamed--•• far aa I -concerned they are
wuaa-41 I do not know who they are--if any request was llade
for city -ploy-• to be present and to vbaa that request vu
made and Vhen, if auch request vu llade.
Also, I think it probably ia proper ta baft a
statement in the reoord by Mr. Myrick or hi• associate, if
some request vas made to ... the exhibits that I recei.-d
upon ~ by order of tho district co..irt. I did not myself
reoeiV'e any such, but I was not within the city confift<'s duri
th wholo period of ti.lie. So it'• poasible someone e h .. y
have recei~ that request.
That'• vhere we stand riCJbt now, Yoar llonor.
MYOR PRO TDh Thank you, Mr. Lee. Does the
Council have any questions of Mr. Loe?
It'• rq underatandi09 that Ju.499 roote baa
ti 1 Cbt k Hyau
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asked that additional public hearin9 be held in En9lewood.
MR. LEE: Yes. Aa a .. tter of fact, I'a
sorry, I didn't COlllpletei my statei.nt, Mr. Mayor. Tbank you.
He au99eated that not only should a ccrtif ied
letter be written to Mr. Myrick'• firm, with a return receipt
requested, as I had indicated I voUld do, but also that we
parallel the notice by publication of the ori9inal hearinq.
And aa a result of that, Mr. Hollenbarqer, I
think, ia probably able to state the exact dates of the
publications and ao forth that did take placo in the
Englewood Herald, as thou9h this vare an initial or original
hearin9.
That notice waa published, I believe, four or
five ti.Ilea, ia that correct? Five tiJlea in tho En9lewood
Herald, with the date of September 30, 1974, 7 p.a., at that .
particular location as indicated u beinq the place for th•
public bearinCJ.
MAYOR PRO TEMt .. fore you leaft, do any of
your council n bave a question?
MR. CLAYTONt CowlcUJIAn Clayton. Mr. Lee,
did I und ratand you to aay that J\14(Je Foot.a ba4 instructed
that this bo b ndled in an adainbtratift aanner and not in a
judicial aanner?
MR. LEE• I think in ••• nae that i• oorrect,
• Clayton. Be indicated that adainietratbe law VOQld
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govern your proceedings1 that you are a fact-finding bodyr
2 that this was to qive anyone the opportunity of presentin9 any
3 matter or statement before the Council that they wish to, for
the Council's consideration. And that you would consider
5 these .. tters. That'• an order, that you would, you were
6 ordered, sir, to consider these matters.
7 And after your oonaideration, if there waa any
I legal question involved, the Court would make that deterainati n
9 at a later date, upon proper application to the Court.
10 MR. CLAY'l'ON1 Thank you, air.
II MR. LBE : Any other questions.
12 MAYOR PRO TEM1 Thank you, Mr. Lee.
13 Mil. HANlf 1 I have one. Do you feel as thouCJh
14 the City of Englewood baa .. t all of ita o b li9ationa in this
15 anne xation p roceedin9?
16 • Mil. LBE1 A.a the Aaaiatant City Attorney,
17 Mr. Mann, tha t l &a been t he position of the city throu9bout
II th~ court proceedings.
19 MR. KANNI Do you •till fMl that
IO MJl. U:Et y •• I do, but I cSon't think
21 actually that ay raonal opinioA 1• anythin<J to con ider ln
22 this .. tt r. I think that th• Council 1a now under an or r
23 of th• Court to OOMid r th• od9inal h9arin<J, whic you ~ .. • •
a copy of and haft read, and a ll e abibiU
IS aub it.ted to you at ari.ft9, f a l a ,.
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the court. And any statements and exhibits that may be
presented to you tonight by anyone in connection with the
matter.
And my peraonal feeling in re9ard to the
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matter is of no concern, is not relevant in the considerations
of Council at this point.
I do not ever expect Council necessarily to
agree with ma or not agree. Your funcUon, as I understend
the Court's order, is to llake fact-finding deterainationa
from all of the testinony and all of the eYi4ence and exhibits
that are presented to you. And it's a matter of your own
individual concern and determination as oouncii...n that you
are under a duty to funcUon in tonight •
Are there any other questions?
MAYOR PRO 'l'EMl Baa this ocme before the
Planning Board before it a ... back t.o ua?
MR. LBEs No, this i• not a aatter for t.be
Planning Board, as it concerns the annexation itself,
Mr. Mayor. There haw been certain utters that h ve been
involved in connection with the aoninc} of the ar a, which is
pursuant to state statute.
But the Planning COlllaiasion ha• absolutely no,
and I repeat and underline, no jurisdiction ooncernin9 'Whet.her ,,
or not a particular area h annexed or not and aruwaae4 t.o the
IS city. That ia th sole funcUon of the Council, consiaten
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with the laws of the state of Colorado.
2 MAYOR PRO TEMz Thank you. Any other
3 que•tion•?
' Thank you, Mr. Lee. Could I call upon
s Hr. Myrick to react to--
6 MR. MYRICltz You -y. Basically from the
7 ti-of the initial hearirMJ befon thia body, which ha•
I aaaewbat chanted f t time .. bad a.ar original hearing,
I there haft beell t
10 f 1.r st one I a• I under•tand u~ I th• Court
11 found that there wen not •ufficient fincSift9• to •upport the
12 annexation, and ordered lt back to thi• Council to aaJte findi •
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ooncluaion• and decidincJ that thi• ... 90iD9 to be annexed.
15 ... didn't giet to the point -to whether or
16 • not I had an opportunity to cro••-uaaine 8oee of tbe
17 vitne•H• and acme of the other thing• that I ocmplained about
11 that particular nening.
11 .. did on the aeoond bea.riD9 9et to that
particular point, and w wnt throu9b a mmber of thift9•, a
21 nUllber of the uhibiu that w introduced tbere, a buaber of
22 thoH that v.re •ubpoenaed from the city that oould not be
23 pcoduced. • •
15 wun • t another hearin 1• And l aai.4, • , T~ Bont'r, I
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haven't had an opportunity to pra•ent that before the Council.
2 And he came off the bench and. he told Mr. Lee, be said, •r.et• s
3 have a bearinq. Go back and tell that council that we want a
• hearinq and we want tbelll to listen to evidence and make
5 determination•1 and froa the evidence to be presented, and to
6 allow everybody to pre-nt the evidence neceosary to do so.•
7 And then to maJte f indlnqa on every objection that we made in
I our initial resolution or initial oc.plalnt that wae made
• before thh council by the people 4eeirlnq not to be annexed,
10 and to llake a findlnq on each one of those and to aake your
II findin9• and conclusion• of law 110 that the Court bas
12 •omethinq to rule upon.
13 Be aaid in effect, qo beak and •tart ewer.
1' Bend out new notio.• and at thh U-ll•ten and attellpt to 4o
15 it under the Adalnbtrati.,. Proce4ue Act. And then if there
• 18 la an i••u• ral•e4, you are to aake a cSeol•lon on that iaeue,
17 whether it be le9al or factual .
11 And the Court , if it'• a l99al l ••ue, the
19 Court will decide whether yov wen r19bt or wron9. You bawe
a ri9ht to make your factval 4eteralnat1ona, and of oourae
21 they baYe to be ba..S on eYldence. ht. if you Mk• a vronq
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22 le9a l 4•ci•ion, wh ich .l'OV are not. rea pontible for, th CO.U-t.
U will be the one to deteraine tha t one w y or the ot.Mlr •
Jut any oonolo.eiona you t.h r faot:ul
IS or le9al, ehoul4 ted. And
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could not qet before the Council. I wish to present every
2 evidence, and I wish Council to con•ider it. That'• all.
3 MAYOR PRO TEMi I think you have this riqht,
• but I would hope that--
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MR. MYRIClti I don't Jcnow bow lonq it will
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MAYOR PRO 'l'EMi This •tep by •tep, foot by
foot on the thing, if I feel that you are out of line in your
detail•, then I will call a rece•• and ha.. an executive
.. etinq again on your pre•entation.
II MR. MYRICKi You are entitled to conduct any
12 type of hearing that you wi•h. But that'• llY propo•al, 1• to
13 pre•ent all the evidence that I feel la nece••ArY·
1' MR. LEia Mr. Mayor, uy I uJte a •ta~t in
15 that reciard? It•• wt understandincJ froa JWS99 Foote that
11 really, if I can us• an old 1'ew <>rlean9 tana, that 1•
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That is, wbat.-..r they van~ to preHnt,
they •hould be entitled to preaent.
ll Now, obviously that doe•n' t .. an talk aboat
IO lleW York City or the Atlantic Ocean or Entland or 8099thJ.D9
21 like that, which baa totally no rele¥anoe at all to the
problea involved.
a I ••Y a •litht ... ck of relevancy, tbey are entitled t.o
pre• nt.
t don't know u.aot.ly Vbat 8Y haotiOft le hen
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tonight, other than the fact that I vaa appointed to thia
2 matter to handle it by Mr. Berardini. And I have been in
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court a couple of times.
But with that thought in aind, Mr. Mayor, I
don't expect to object to anything that they viah to present.
I expGCt to be entirely lenient, vhicb I .. not usually in a
courtroona • But here I expect to say very little, if anything,
in connection with objections to any matter they wish to
present, eo long u it baa any relevancy vhat909ver to the
hearing.
And I would uk the Council'• patience, and it
-Y have to be patient tonight. I don't know. That'• up to
Mr. Myrick, apparently •
But in any ev.nt, I aak, oouiatent with the
Court'• order, that th• Council be patient and bear it out,
vbateftl" it is. And perhaps there is ac.athiDCJ her• that will
away you one way or another. You -Y want to chanve your mind
about the annexation, I do not know. But I think you are
under duty to do that under court order at this point.
• UMRDDIIc Mr. Mayor, aay I aake this
I think tbe court order that w proceed d.id not
22 liait th• arin9 in aoo to thoae vbo wiere proteatinq u
23 npr a nted by Mr. Myrick and Mr. OOllub. I think the ~t' •
M intent waa clear that. any and all -ttera ehould be receiYed,
r it'• oral or OC\ment.aty. And I 1'0Uld •U99Mt to
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Your Honor to a•k if there are other• preaent who are not
2 represented by Mr. Myrick and Mr. Gollub, vho have any
3 co-nta, atatementa, any evidence vbateoever that they would
4 nov like to preaent to the Council. And I think that ahould
5 be done perhape nov, prior to the formal preeentation that
6 Mr. Myrick -Y have for you.
7 MAYOR PRO TEM1 I think thie ie a CJOOd
I auqC}e•tien. Do we have anyboc!y in the audience that would
9 like to •peak aqainet thie, that ie not repreaented by
10 Mr. Myrick?
11 MR. GOGGDh Mr. Go4)9in, Mr. BleHin9. I
12 don't have too auch to eay, but I do haft ecme paper• for the
13 City Attorney and for Mr. Myrick.
MR. MAllll 1 llhat ie yoar ..-?
15 MR. OOGGD I Richard •• OocJ9in, no Weet
• 11 Belle•i.., A.,..ae. tloald you prefer, ltr. lerardini, that I
17 qi,,. tbeee to you or to Mr. Lee?
11 MR. BERAJtDilfI I ltr. LM. 9Ut I would inquire
19 at thi• point, •inc• you are not a re•i4ent of the ar to be
20 annexed or a reaident of the City of Sn9lewooc!, what intere•t
21 you r preaent.
22 MJt. GOGGI•• I -a na14ent of the City Of
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MJt. GOOCtNs Ye•, •lr, l nn -·
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MR. BERARDJ:MI1 Do you have a copy of what he
z pre•ented, Mr. Lee?
3 MR. LZE1 Be ha• banded me, for the record, if
• I may, a Motion Por Declaratory Judci-nt. It'• •iCJDed by
5 Richard R. GocJgin, and it ha• th• headin9 of District court,
8 Civil Action No. 31,90, Noraan E. Sallpl• and all plaintiffs
7 ver•u• the City Council of tbe City of Bn9lewood.
8 MR. GOGGill 1 An4 a .._,randum and Petition to
• Intervene.
10 HR. ?£Ba Yea, if I -y finiab. A Mmorandua
11 and Motion to Intervene •• ~laintiff•. I think probably,
12 Mr. lerardini, apparently he 18 a lay perllOn repre•entln9
13 hi•elf pro ••, or 8cm9 otMra. An4 perbaP9 be doe• not
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15 pleadincJ• 1fbiob are petitiona for prayer• for relief to a
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18 court, which i• the ooart of tbe llaDOrabl• Jldte Poote,
17 Seventeenth Judicial Dlatrict.
18 MA"roll HO ftlh Pl .... be -.rked an4 identUi
19 Mlt. GOGGlllt Mr. x..e, if it pleaH the Coart
and the learned attorner• preeent, the" .cKiou wro filed in
21 court at ' p.a. t.bi• afternoon.
22 Mil. LD1 Ob •11, tbuk J"OG•
Mil. OOOGlll• 'lhi• is Ml"f'ioe upon the city an4 • •
upon Mr. Myrick. !'bat'• all I haft. 'l'baftk yoa.
o. taz1 Then• will ·~ tbea u ""ioe
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2 MR. MYRIC1C1 If we .. Y aak, I haven't had an
3 opportunity to CJO over them, but I would like to have th-
• marked as an exhibit before thia Cowlcil and aak them to
5 consider the content• of the•• motion•, no .. tter what the
6 title may be.
7 MR. LBE1 May I ••k that eaah peraon apeak in
I order.
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MAYOR PIO TZMt Mr. X..e bu the floor.
MR. Laa It'• juat that w ban a Coart
11 Reporter toni9ht, and •he'• only capable of taJdnq one peraon'
12 atatement at a t1-. An4 with that in ain4 an4 for ber own
13 .aouracy, perhapa .. oupt to do it tbia way.
i. But: .. y I then at tbi• point aak the coart
15 a.porter to mark tbeae •• exhibita for -.~ parpoee they
II aay be, an4 then Mr. 0o99in can aullait tbea to tfa. COW.ell.
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a. MYUC1t1 ror clarity, my w mark them u
Interplea4er BxhibU 1 in order that I--I don't mow t:he
oontenta of it, u4 I oertainly don't know vbether I want to
adopt it or not: adopt it at tbia poiDt:.
22 1-C.
MYOll PllO TDh Ia that all ript with you,
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Basically it's a motion for declaratory judCJD19nt of
constitutional riqht•.
(WHEREUPON, Interplellder Exhibits 1-A, 1-B
and 1-c were marked for identification by the Reporter.)
MR. LBJh Mr. Mayor, •ince Mr. Goq9in h not
here at thi• point at the podium, he'• •ittinq in the back, I
will pre•ent th••• in his behalf to the Council. They are
entitled Interplellder Exhibit 1-A, ..tliah is de•iqnated u the
Motion to Interv.ne a• Plaintiff•r Interplellder Exhibit 1-B,
Mamorandua in support of Motion Por Declaratory JadCJIMlntr and
Xnterpleader Bxhibit 1-C, Motion For Declaratory Judc;ment.
I'd a•Jt that the Ccunoil aacept the•• u exhibits.
MAYOR HO 'l'Db Thank you, Mr. GocJ9in.
An there any other people in tbe aGdience not
repreMDted by Mr. Myrick, vbo would like to •peak?
Mr. Myriok, -auld JOU lib to .~,
Mil. LBS 1 .. fore b8 •taru, Mr. Mayor--
MR. MYIUCJt1 I'd lcwe to, Jlr. Mayor.
MR. LBBI Thi• 18 a oourt prooeedinq all Offr
aqain, apparently. It .. y be len9t1ty, and I tf!OUld jU8t a•k
that the Council oonaider the CoQrt "8porter if it 99 too
lon9 and •h• need• a break, that perhaps it tf!OU14 be vise to
take that break.
MAYOR HO 'l'Dh I plan on tM poHibility, ..
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of the Council to determine whether Mr. Myrick is epeakinq to
the point while ve are here tonight.
MR. LBE1 She may need a rest before that tillle
MR. MYRICJC 1 May I'l
MAYOR PRO TDla Mr. Myrick.
MR. LEE1 Be ay CJUeet.
MR. MYJUCJta Actually I would attempt to make
thia a good deal aborter, becauae a number of ua have been
through it eeveral ti•• before. And I tblnk that through
some of the exhibit•, I'• sure we can stipulate upon, and I
can make ay point• without preeentin9 evidence, that perhapa
we can shorten the neceeaity of the hearilMJ, an4 I think we
can 4o a great deal of tbia throuCJh etipulation. Hopefully w
can. If not, wa will have to present -.idenoe on thoee
particular points. .
Baeioally the n , I would like to •tart with the
exhibit file, beaau•• apparently .. are in an entire l y new
haaring. And I would uk Co\anoil to fir•t ooneider tbe
initial objection• ~t we ...Se a t tho ti.. the first hea rinq
to on thh a.anexation vu held, U I can find th-out of thi•
21 particular--
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23 abould be 11&r: in order froa thie he&riftlJ, H oppo...S to
tS •rlle4 u ia entitled
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1 Objections to Unilateral Annexation of Santa Fe-Union Area
2 by the City of Englewood. And I'd ask to have that marked aa-
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(Discussion off the record wherein counsel
• conferred as to the title to be placed upon the exhibit•
following. The Mayor Pro Tem commented off the record, in
5 reference to the discussion between the attorncyo off the
record and remarked as to the relevance of their discussion.)
6
MR . MYRICK : YH, I do, Mr. Mayor. And I
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think it'• a little •arcaatic . •
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MAYOR PRO TEM : I hope it h.
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MR . Mnll<X : Why do you hope it hT
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MAYOR PRO TEM : Because va ,.nt to get to the
facts .
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We do not want attorneys &rgllin~ vith one another .
13 MR . MTlllCK : Mr . BlHdn~. I believe these
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objections ara fact . AIJ a matter of fact , it i• one of the
thing• that tba Court ori~inally ordered this Council to
conaider after the fir•t order that va c-back.. and when you
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wre 1upp oaed t o make a reco1U1ideratlon . They •aid you had
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not decided eve ry th i n~ that va1 presented •• an objection .
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1 think it '• comp l etely relevant. 1 do not
feel that w 1hould •tart out on a ba•h her• toni~bt that you
are ~oi to aiak e 1arcaa tic remarka to .. and t a lk about
relevancy vtwn I hav. introduced one exhibit that tha Court
ha• a lready TUled h coeple tely relevant. and that thi1
Council ha• not ruled upon .
MAYOR PRO 'l'!M : tp .. kt o f in 1arca1 tic ,
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what were you just now? And I aak that you ba relevant, and
2 that'• a fair question.
3 MR. MYltICJt1 I'm attempting to introduce an
' exhibit.
MAYOR PWJ TBM1 All right, but you are doin9
6 it with another attorney--
7 MR. LBB1 Mr. Mayor, all we are trying to do
8 at thia point ia try to determine bow the exhibit ahould be
9 identified for purposes of thia hearin9, becauae it'• already
10 been marked u an exhibit in a previoua OOGrt hearing. So if
ll there ia 80ll8 way that w can--
12 MR. MYRICK1 Let'a -rk it--
13 MR. LBBa --identify it aa auch, that'• fine
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vith -·
15 MR. MYRICK1 Let' a aark it aa Third Council
16 Bearinq for the Proteatora.
17 MR. BERARDilfia Why don't you uae the •-
18 markin9a u th• Court uaea, ao you wouldn't have to alter--
19 MR. MYRIC1t1 Well, the probl-ia that the
20 Court haa not •rked all of th••• uhibita. '!'hey heft been
21 aarked in Mlarin9a before Council, Mr ... rardini. And
22 pu:ticularly, thia 1a an Exhibit a, to aa11ethin9 that I have
23 no idea what it waa or aaybe to a pl .. dinq. I think it' a
probably Exhibit 8 to the plelldiRCJ•
Now, What I -atUllptin, to cSo before thil
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hearing, in order thnt we get everything before the Court a t
2 the next hearing, iA to have something marked and to be sure
3 that this Council ha s ha.d an opportunity to review it and make \
4 a determination, because that's boen the whole purpose o f the \
s Cour t '~ orders to thiA point.
6
7
MR. LEE: That is, if there is a next hearing.
1
MR. MYRICK: Woll, yea, that's true . At any
8 rate, I want the record in order .
9 MR. BFRARD I Nit A~ to tho~~ that a ren 't mar ked I
10 why don't you mark t ;1 1 n ow so yon can identify them.
11 MR. MYRICK: We c~ c 11 o s Ob j e cto~'a or
12 wha t e v e r, but I would like them done i n a consiste nt ord er .
13 MR. LEE 1 That'• fine with me, if h e vants to
14 put it as Objector'• E::h i b it No . l .
IS MR. MYRI CJC t That will be fine . And why d o n't
16 we the n aake it Ob jector '• Ex hibi No . l.
17
(Wl lE RIXPO , Obj ct~r'o Fxhibit No . l wa mark~
18 for idAntificati on by t · por t • )
MR. MYl .ICKa At this U , with etipulation of I
20 coun el, and with cc pt nc of tho mayor and Council, I will
19
21 of r th• Objection to Unilateral Annexation of s t• T Ar a
22 by th City of EnqlewoO\l , which has ba n rk d fo . r~ .. po!
" of th • aring ••Obj otor'• Exhibit No . 1, dat d 9-30-74.
And in ord r no t to prolon9 th h a rin , if
coun l will sti pulat that the ori9inal of this tition wa
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presented at-the eveninq of the first hearing, and that this
2 i s a copy tt.<..t was pro •1ided to the Court, I will submit it to
3 thia without further ado and ask Council to act\1l!lly consider
' those objections at this hearin~.
5 MR. LE J--:1 We so s tipulate.
6 MR. MYRICJCt I ASllWlla, Mr. Mayor, that will be
7 accepted in evidence and will be eonaidered •
• MR. BERARDINI1 Mr. Mayor, naay I make a
9 C0111aent? Since apparn ntly ther~ are qoinq to be ~ number of
10 exhibits, may I su9r,··:-': then to .1 0.l that the Court Reporter
11 keep them in order, because I doubt whether you are CJOinq to
12 be able to consider them this evenin9.
13 They are quite voluminous, and perhaps she can
14 keep all of them with her until the ooncluaion of the hearinq
15 and Council can condder all of them at one tbie. If they are
16 paaeed around, some could be miaplaoed and lost.
.
17 MR. MYRICJC1 I think that'a a nry 900d
18 procedure. And there are certain iaauea that vill present
19 teatilftOny o n as far ae the--
20 Ml . LEE• And one other .. tter. Unleaa I
21 object for, I quess, total irrel.,,ancy to any exhibit, aft!! I
22 o n•t think I will if it'• in the court file, th n I would
23 waiv e any ob j ection.
MR . IERARDINI 1 Why don't. we ta th 0 at
• t
Hy It ..
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MR. LEEi Just to get it on ita way.
2 (WHEREUPON, Objector's Exhibit No. 2 was mark
3 for identification by the Reporter. )
• MR. MYRICJti At thia time I offer Objector's
6
Exhibit No. 2, dated 9-30-74, which ia a certified copy of
the official Arapahoe County, Colorado aap.
7
MR. CLAYTON1 Excuae •, jeiat a minute. I
8
made thia request once before, if we would •peak up ao that
9
everyone in Un room could hear, bacauae I can aee the people
10
in the back of the rooa •training and they can't hear .
11
MR. MYRICJt1 You're very right, Mr. Clayton.
12 My voice doesn't carry very well anyway, I'm aorry.
13 I offer at thia ti• Objector'• Exhibit No. 2,
14 which ia a c op y of the certified oopy of the official
IS Arapahoe Coun t y, Colorado aap, ahowin9 the boundariea of the
16 • Ci ty of Bn9 )o•ood . And thia ia dated the 25th of .JUne, 1974.
17
MR. LE B1 I have no objection to Exh i bit No. 2
18 as auch. I do not know abou t ita a ccura cy, and an I cannot
19 agree to tho accuracy of the aatter. But •• far aa having it
20 to bo conaidored by Council, I have no objection.
21
MR. MYRICJti Well, I aa o f ferin9 it for all
22 purpoaoa. I n off rin9 it a a the official aap ~f Ar•P'lhoe
23 County, both as to accuracy and wracity, and cortif! by
24 that county aa the official boon4uy .. P of th City ot
1\91 wood. If Yon have any objection, I fl l t • •Jd nc on,
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MR. LEEz Well, I don't know whether it ia or
2 not. And I am not objecting to it u an exhibit for
3 consideration by Council pursuant to court order.
4 But whatever it ia, I don't know. '!'hat's a
5 statement by counsel and that I cannot take reapons !.l" ility for
6
MR. MYRICJIC1 Counsel, will you aqree that the
7 certification that appear• on thia map ia good enouqh to qet
8 into a oourt of law?
9
MR-. LEB1 It appear• to be in Ord "t'.
10
MR. MYRICJt1 Well, u far as the--
11 MR. LEB1 Whether tbe 4rawinq it•elf ia
12 acaurate, I do not know. Th ia is a piece of paper that is
13 attached to a map by two ataplea. And I .. certainly willing
14 to not object to the aubnaieaion of it for whateYer purpose it
15 is, for the Council to proceed in it• order.
16 .
MR. MYRICK I CounHl, it baa been introduced
17 into c ourt under lbchib i t No.--
18
MR. U:!!1 It wun • t i ntrocSuced. It v u denied,
19 if you will rec 11 , Mr. Myrick. 1 recall ~at •peoifically.
20
H.ll. Mn.IC1t1 It vu Mrlred u Plaintiff's
21 Exhibit L in CH nUlllber 1100, 7-10-7'. '"'9ther it Ya8
22 adaitted or donied, I do not know. What l'• Hkinq-
23 MR. I.8!1 It vaa denied .
24
MR. MY1UCS1 Yea, and if it wre 4onied, it
25 •• becauH it vaa not preaen~ before thi• Council.
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MR. LEEa Well, I don't know whether it ia or
2 not. And I am not objecting to it u an exhibit for
3 con•ideration by Council pur•uant to court order.
' But whatever it ia, I don't know. That'• a
s statement by counsel and that I cannot take reapontl :.l ility for
6
MR. MYRICK& Counael, will you aqree that the
7 certification that appear• on thia .. P ia 900d enou9h to qet
8 into a oourt of law?
9 MR.. LElh It appear• to be in Ord• •
10
MR. MYRICJts Well, u far aa t:be--
11 MR. LEBs Whether U.. cSravinq itaelf ia
12 acaurate, I do not know. Thia ia a piece of paper that ia
13 attached to a .. P by two atapl••· And I .. certainly willinq
I• to not object to the aubld.Hion of it for vhateYer purpoM it
IS ia, for the Council to proceed in it• order.
IS • MR. MYRICJts COUnael, it ba• been introduced
1
7 into court under Bxhi.bit No.--
II
MR. LEEs It vun•t introduced. It vu denied,
19 if you will rec4ll , Mr. Myrick. l reoall t.hat •peoifically.
KR. MYltlCk1 It vu marked u Plaintiff'•
t l Exhibit L .n caae nUl!lb4tr 31490, 7-10-74. Wlwther it vaa
22 ada.ittec! or d nied, J do not know. WNat I'• aakin -
MR. Laza It wa• deaied.
NP.. MVlUCKt TH, and if it r denied, it
• beoauae it vu no Pl'••• Mfore t.bi• Council.
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• MR. !.RE: T!ult'c right, llO the Court ha•
2 ordered t h ;,•; it be p.:1:t.J.:i r.ted. But if you are 9oin9 to •ay
3
that this is accur~t ~ :ui.d that the Council muat take ita
• boundaries and so forth as being accurate, that's another
5 • .,.hole :natt~r .
6
MR. :-1 :.·:lICK: I 'm aayin9 that thia ia a
7
certified doc •1-oo nt, J:igned by J.:mea w. I •enhart, who doos in
I tact certif .-t hat L :1•~ "att~chad 111ap ia a true and accurate
• copy of thtJ c ::iqin<il .-·p in tha 11appin9 Depart:ment ahcndnq
10
boundar..;.ea of the I ' .... of Enql«· . ">d, prior to the paaaa9e of
II the atoreaaid City of Englewood, ColorlMSo annexation ordinance
12 Ordinanc ~o •. ;2, ;· •ri as of 1973. • Dated the 25th day of • 13 June, A.O., 1974.
14
And I'• aakin9 you, will 10U approve of the
15
veracity of ~ lis docwlent, inaotar ae the county reaorda are
II concernod?
17
MR. LElh I'na not objecUD9 to the exhibit,
II
but aa to i n veracity, I am not reaponeible for that.
19
MR. BEMRDINit I ban no •tAt-nt.
:~r.. ltY. ICXt You are •ayihlJ that you Will not
21 accept th nt of Isenhart that thia la a true oopy of
22 th ir r cor •• ?
23 rm. LE.Ba I will do thia, Mr. Myrick. I will • • • not obj o to a p i c of paper with • IMnhart'• ~ on it,
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Now that 's a:l ! ca~ r~ •
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If vou want som~thin9 else, you are not goinq
to get it. But I have. ·10 objection to it for what it: Ftands
for as such. Bi.:t a .., to its .::cc··.::-.:i.cy, I will not do,
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•: •. ~Y ~!C K: Will you a groe, Eir , that it is
in fact wha t-t h e certific:ite Jays, or i!re you saying 1·ri at :;::
have--
M~. LL::: I at no tille aqo d to that. I don't
9 know.
10
11 ~IR • .w::.: You a....: not here on a hearing on my
12 personal kno•-fleC.g c I e t 'lia matter o
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Hr • MY :,:":C K: I know you aro not here--
NP. LEE : And I .:im not CJOinq to do it •
t :n . ;yr.1c1:: Do you have an objection to t.hb
docume nt or lt3 v ~r ~i ty, or are you attacking my veracity aa
to wh r e I got it?
m. LEE : no.
HR. MYRICK: Than I want to know why you Will
20 not stipulate--
21
22 to havo
23 about?
HR. LEE1 Aro you trying to attack y er&city
nayi n9 t!ln it'3 a thing I don't know anythin9
2• HR. MYn1a1 1•111 •nly ••king you to a gro •
IS H • Lt .1 I Vill no •
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MR . M :i~ICK: That this document is an
2 officia l c opy as to wha t it purports to be, and that I
3 didn't fo ~~e ~• .•
4
MR. LL E : I d e n • t know whether you forged it
s or uot . I Joubt yc.u C. ld it. In any event, 1 will repeat it
6 one mo r e time and thst' s all I m qoing to repeat. I hl!vc no
7 objoction to thi s on its face as it ia. There ia a statement
8 hare by Mr . I nenhart with a c ertification by hi~, stapled by
9 two stap l es re a M~p w~th drawings on it. An that's all r
10 will a g ree to .
11 MR. MYRICltr You won't agree that Mr. Ise nh ar t
12 has not per j ured hiuo l f in aiqning that certificate?
13
MR. LEEr Mr. h e nhart I know ro thinq about.
I don't aas4ma that anybo-:!y perjures themcolvea.
IS
M..'l . MYRIClt r 1'ould you ag-r ee that I coald
16 introduce th i11 i nto a court of law?
17
18 J do i t .
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MR. IZZ t "911, JudCJe Poote wo ·ldn't let you
MR. MYRlClt i
20 wouldn't l e t r do it vaa beca use it hadn 't been bef or
21 City of Enqle od. And you !.r at~t in 9 to keep it from
22 th ••
23
MR. LE!1 Th.at' a a debatable 1a u I I don't
gree to it.
H • MYJUCY. 1 Y jue t •tr to 1 •
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C to '...!10 cour t c :·Jer. '1 at ·~ a l l ,
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MR. "'IYRICK: All ri9ht. !·:c ... this t :.r,, offer
I for all purpoaas, Ob ~~tor'• .CX hi bit 2.
9 MAYO ~ t>RQ TE.~1 1u> I understa n-i it, th•
10 exhi bit preao.,tad ~ >u--
II
XR. itYAICKs Aa t h.a offj cial c unty .,~P ot the
12 City of En9l o wood bou11duiea prior t o t he annex t i on ordinance
13 No. 42.
14 HA~OR Pao TEHs But •• a• • council •till do
IS not know1 we have no t lookod at it. We haven't obMrved it
16
and we aren 't t .a t po· itive that ia tlWI of!JcJ al--
l?
IU, •• RICJta 11 right, do y ou not accept it
II at this u .. 1
19 MA YO PRO TE.Ha It ia the exhib t tha t ycu are
20 pr\l a ntin9 .
21 MR. MY iU CJt1 I ot .. ari it n I ·.1 nt to
22 know wh tb r it' , to "·'•t r to pu t o n t ati&ony
" • LEJ!1 I 0 r 1 you ••
24 oc pt i t !or whatever cone h .
u YO PRO h9 th exhi bit.
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MR. i-h'RICK: Yl"u are not acceptinq it aa the
officia l ma ; of the ~~unty?
MAYOR PRO 'l'EMi Aa an exhibit.
MR. MYRICK& Al.i. right. Mark this dOCUlllent,
please.
32
(WBE l:r.UPON, ObJOCtor•. ExMhit No. 3 was mark
for identification l:y the Repo _ ~r.)
HF.. l, "RICK: I "'"ll Mr. !Cells Wagn r.
tl':. NCILLENBARG ... tts Do 1•ou \/ant llim :w rn in at
this particular ht . 1.g?
:-m. Ll!E: I thl.nk it' a proper.
t.1n::~UPON,
ICELLS WAGNE P.
called as a witness for exAJ11ination, havinq been duly sworn to
state th> whole truth, testified on his oath aa followas
A.
En9levood.
DY HR. MYRICK:
().
MR. NOT.LENBJ\RGERa State your nu and address.
Kells Waqner, 3301 South Race Stree t,
EXAMINATION
Hr. W&C]ller, I hand you vhat'a been " rked ••
Obj ctor•a Exhibit No. 2.
A.
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'I' I'!, I have ... n it.
And ia that, in your opinlcn, t • official
IS county .. P ot the County of Arapahoe, ehowtnci th bou~dorie•
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of the City of Englewood, according to the county of Arapahoe
County?
A. This is a map that was prepared by the County
of Arapahoe, I would assume the Draftinq Department. It does
not accurate ly describe the City of EnqleVOOd.
0. I didn't ask you whether it accurately dcscri
it. I asked you if that's the official map of the county, in
your own knowledge, as it is, as of June of '7'.
A. I can't say t~at it really is.
() All right, I hand you what's been marked as
Ob j ector's Exh i b it No. 3, and I turn you to paqe--there is no
paqe n umber, but it 's e ntitled Departi.nt of Connunity
Dove lopmen ~; Sa nta Fe-Union Annexation, and ask you who that
wa s p r e pared ~y.
I would •••WIG the Departllent of COllllWlity
Do velopment .
dr wn un der?
A. Probably Jim SUpinter•a. Be's d ir ~c tor of
COm\Unity d velo nt.
Ar you fa•Uiar with tlult aap?
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in on several hearinqs where this map has been used1 is that
2 correct?
I have seen this map.
34 I
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Q Isn't that exactly consistent with the map of
S the offic i 'l I ~.r ~·,1'1oe County map that I have handed you as
6 Objector'=> r:::w.:hil·it 2?
7 A. I !'l <ivc not CO!llpared it . Thero is a location--
8 p }.'hy don' t you do so and tell me.
9 "-T'lere is a locatic.n on this map that is
10 in&CCJ:'!l t•.), ll!. ~.:': i1 J _ne Cit.y ot Enqlewood.
II ('. 1 · 1ld you t 1H me it it's correct, insofar ••
12 the of ficial c'u ·' map i R c o ncerned ?
13
Le ok t '1c ':w1:> m3 os, take all the ir-.c> you
14 want, a nd tell "lie wh ther ~r not t.~ey are correct o r not or
IS they are exactly th SIUll<l.
16
17
18
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·:ri, these l"'l<l!:>S are not exactly th •a.ma.
All right, wlotcr o do they diftor?
T~ ma p that's in the book i• on a auch emall•
19 •cale and l ~ ,.. V"' a a Much l rq r arc •
to !\ \J h any ifferenc in th En9lewood
21 boun ari s ace, nd for9ettin9 the •cale?
22 y •• cyuito a f differ nee•.
23 ti '?Uld Y'3U ooin ou tf ploa o, tajcirq a r
24 pencil and po in in9 t on Sant Fe-Union Ann xation
u p, • to di ft ne a ar.? J • drav h
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difference .> •
A. Accto..r .. tely?
Yes.
r can't: ,!o it.
::o i:. th~ b•.?st you can. Just draw tnc
diffe rences where t'1"j' differ Jl.0 stantially in any re .ipect.
(The ~it.ness c~~~liGd.)
ti.ll ;:ight, no:;1 will you nwnbor the red markin9
that you have put t he? cliff~r<.!w _; o n and numlmr an initial
after C?ach one?
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' " ~c ancl in ., y o:J.r initi al, Hr. Wa.q nar.
(Th<.! witnoss c on lied.)
All right, now ~1ill you also show m·~ what• s
13 different l>..it wean t!1at map O:l the p ·.,ints Y 'u ha.v'-111arko::!, so
14
we can tos t.i. ry about t:1c;n and we both know what we are talkin9
15 about.
16
A. Do what now?
17
0. Why don 't you put a red lftArk--now just a
II mo nt, H.r. Waqner. You have circlo>d, 11adc c rt in circles,
19
and you have indicated that t !1 era ar tiv <litf r nces, insofa
s this map, whic~ h4a b • ~••i9nated the official county .. P
21
n<l th s~nta Fo-Union 11.nn x tion, wnich comes out of an
22
xhibit Which was first intro l.IC d bo!or th Counci aa
23 Exhibit 4 in t l1G initial h arin9 for this nn xation.
How, will you tell wha th di!t ronc in
u th t P r ?
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N~, :r::.i u have marked No. l. Now show the
2 Council 11 -.!re, anti l et' F go back here, show us on this No. l
3 where it's wrong.
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Yr:u war.t me to show You where it's different?
"-'<le<'r Lhi a 1'114t-i'
.'c!J, I w.:int to fintt out tho d iffer r.ce . You'v
8 got No . 1 marked as <'" area.
9 Have 11..u got 1101119 Scotch tape?
10
MAYo :i :· RO TE!1: v u 've got •om ~ p r e t • good
II holders t here, Bill.
12
I sc~ one otl r. I see a couple other
13 differencds also.
14
MR. MYRICJlti Let tbe record •how Mr. WaCJfter
IS first found five diffQrencea and now he's found how ma ny more?
16 A. '!Vo ll!lt')ro.
17 MR. HYl<!CK: •d.) 110r •
11 (BY :4R . MYRICK) All ri9ht, now, Mr. Wagner,
19 may <JO to d iffcronc • l, which appears to bo, l'l'J 1001tin9
20 at it, right er . \k:>ul• that be corr...,ct?
21 A. no, Oi.r, riq t aro .
Z2 0. J'iqht h re? Ar you uro?
n A. Yea.
24 0. Now, What ia th differen04a bet\ n what you
u av urud with an initial l •nd thh • p?
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A. Batween this map here •hows that the line
2 comes into ti1e section corner. T!lis shows cominq in north of
3 the section corner.
' iJcll now, just a lllOrnent, Mr. Waqner. In the
S Englewood :n-.p it do e ::.;,' t show ic. coming into t he !.icction
6 corner on ti ~.i map, J.oes it?
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that roach
A.
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~;.1\.. d .•-k li n~.
T:1at u oe sn 't raac ~1 the section c o rner , does
T:1at line you'rE' 1,,oking a .. there?
You t'"' .. l Me. Th!tt's in Enql r!llOO<l. :-:ow does
t 1erc no1 or not? It doesn't, doe A it?
That's the soction cornor thor ~.
That' o wh at I assume is the "Jecti en c ,...n ~~r
14 :right ther11 and riqh t hero. Th<.1 re' a nothinq wronq with that
15 line, is t ;1ure?
16 Doea : 't that dark line coma into tna t one
17 corner?
18 \.\ I 0'. t think ao. Doea it to you?
19 :I. It uoos to
20
it
(). All ri9i1t, 0 you think there h dif terence?
21 You O:l't t!1ink t .at thi lin h runnin9 the a me way on thia
22 p?
23 ulrl you . l ri9ht ~ere •• p ut
2• • if!er nc • and put your ini i la aft r it, pl >?
(Th lied.)
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Then circle it there ao it's easy to see.
2
(The witness car.plied.)
3
Now, on No. 2 you have marked right up here.
• You have circled all of this and marked it as No. 2.
s i . Okay.
6
Now, what's different between t hose two aps?
7 A. This appoar3 to r~ on more of a slant than
8 this one is.
9
That a ppe ars to be on narc of a slant. l 'ould
10
you juat c icle thie .. md put that appears to bo on more of u.
11 slant?
12
Put No. 2 and write in here, •appears to be on
13 more of a slant."
(Thu witneas ca.plied.)
IS
Nov, you've qot No. l and yau have circled all
16 of thi• area riqht here, all riqht. What'• different about
17 that?
This map shows alonq the north aide of what
18
A.
19
appe ra to be a roadway and that shows it down protty close to
• 20 the middle •
21 0. Oh, I •ea. So what you're talkinq about,
22
ccordin9 to you, this lin ouqht to U. riqht alon9 t 'li• line
• 23 th n? • •
24 I'~ not aayin9 where it should bo. But
U ccordin9--
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1 W~ll, this map has it insofar as the scale is
2 concerned, i :1 stead of in the middle of the street, it would be
3 up here closer to h~re?
' I'd say that's a difference.
5
All right , put the difference right along this
6 lino in re..i.
7 No, no, put it right along the line in red.
8 Let's put i t in blue , because you've got it lle3sed up n:>w.
9 Put it right alonq in blue and show where the
10 di fferanc c i ~.
11 What arn I drawing?
12 ,.. -· The difforence from this map.
13
I'ra not .Ja ·i :1 g what's accurate. .,
No, no, y ou're just 11Mlkin9 tho difference
15 between--
16 A. I'll mark this as the differonc~ then.
17 Q. No, pl3ase do it my way, Mr. Wa9nar. Nov,
II Mr. Wa9n r, can you put tho line in blue where you think it
19 would appear rm this map?
20 (The witness complied.) •
21 All right, 80 are talking about th n t at
22 you f 1 on t n i map i '• not in the middle of the road, but
• • 23 ri9h 0 r .1 r i that COL'l ' ot? •
24 A. T t'a what it &!)poara to
l5 Ok . y , li t. . .J~ I woul you rk No. 3 -n red,
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please?
r,
that wher e?
A.
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(The witness complied.)
So we know what we are talkinq about.
Now, okay then, we've qot No. 4 and you've qot
It's riryht here. This map shows the cul de
6
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sac typo arranqement. T~is one doesn't.
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{\ Whero, write where.
(The witness complied.)
No. 4.
MR. Lim : Uay I ask that they be directed to
12 speak up 30 t.hat evorybody can hear? I think it's beqinninq
13
14
to do gcnoratf'.
16
17
MAYOR PRO ~h You two are havinq a CJood
15 conversation over there . Let's let the audience in.
(BY MR. MYRICK) Writo the cul d~ .. c in
where it appearu on this map, please, on Ex.~ibit J.
18 on Exhibit 2. Draw it
19
(The witnoaa COlllplied.)
20 0 You th nlt it's rally that larq in scale to 21 th t aap?
22 A. r have no id a.
" 0. t:o id You •r re9iat red n9in r?
2• A. 't ••
(\ r • • y ry Pu your n r d re,
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please •
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Q.
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6 you found one?
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Q.
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No. 4.
Where is the next one?
MAYOR PRO TEM: Little louder.
(BY MR. MYRICK) Where is the next one where
Right here.
All riqht, •how it.
(The witness complied.)
Now, would you try to draw a line o f f of
n II
II Exhib it 3 o nto Exhibit 2 that would niake it accurate a s t a r a s
12 mak inq Exh i b it 2 comoly with Exhibit 3?
13 A. I'd h ave to eraae a lot.
l• ~ Do n't erase one, juat draw a new o ne in whe r e
15 i t ouqht t o be.
16 A. The r e • a one there.
17 I} Where is it?
18 A. But there• s a lso two lines th a t shows on
19 qoin9 this w y and one qoin9 that way. I don• t know how you
20 split •
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22
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2• th r •
All right, nov which one doeen't bolonq there?
Thh on here.
Juat draw it out, the one that ooan't belon9
IS (The Witnees COllPlied.)
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please •
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6 you found one?
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No. 4.
Where is the next one?
MAYOR PRO TEM: Little louder.
(BY MR. MYRICK) Khere is the next one where
Ri9~t here.
All ric)tlt, •how it.
(The witness com{'lied.)
Nov, would you try to draw a line off of
11 Exhibit 3 onto Exhibit 2 that would llWlke it accurate as far as
12 makinq Exhibit 2 comply ..,ith Exhibit 3?
13
14
15 it ouqht to be.
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18
I'd have to erase a lot.
Don't ero•e one, just draw a new one in where
There's one there.
Where h it?
But there'• al•o tvo line• that ahows on
11 qoing this w y and on 90in9 that way. I don't know ho"' you
10 aplit.
21
22
th re.
All right, now ..,hich one doe•n't bolonq there?
TIU• on ere.
Just draw it out, the one that oean't belong
witn •• COllPliecS.)
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~ Otherwi se this is fine?
A. Otherwise it appears to show what this does.
Now, what's th~ next one that's wrong?
·rnis r-oint here.
Now, • '' \t woul<. 1.,;e No.--out the nunhcr up hore
6 then.
7 (The witness cOlllp\ied.)
8 And ut in red, so ve have no problem reading
9 it, the onl y 1 l.ne you want to taka out on 5.
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(Thr ,.,itnoss cc i ed.)
And circle the lino you want to ~k3 cut.
(Tho witneas cOlllpl ieC:.)
13 And circlG that pretty d c~ •o it' s~~ller
l4 circle with .l:l tho bi9 circle so we bctii und~r::ta n •l wh11 are
IS talking a lY.:mt later.
II (The w1tnaas cOlllplied.)
17
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to
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dithrer.~01
A.
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r1 ht t r ?
A.
L
01'ay, tit: . No\I, whero is t ho n e xt a ~ of
Ri9nt there.
Riqh hero, a
. hun.
this w uld a this location
1at'a vron9 vi h this loc ion?
TIU.a p ah lin tr. •
he aid• of ant re Oriv •
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Q. And this shows it to be--
2 A. This one shows it to be at the west aide of
3 Santa Fe. Thia one shows it to be, I assume, about midpoint.
' Would you draw the red line in the way this
5 map shows i t ?
6 (The witneaa complied.)
7 Draw the red line in to •how the bend whero
8 it shows on thi• map.
9 (The witness ea11plied.)
10 0. Now , draw th• red line in to ahow where the
11 bend ia on this map. Doean' t it ever hit this line ?
12 A. No •
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15
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A.
It novor doea?
"°'
It juat hanCJ• out like this?
It CJOO• to a point dowll here .
Draw it all the way down.
That'• point llo. 7 . Thi• shows, wcnald be, t
suppo• alonq the outside.
IO o That'• point I then?
21 7.
22 O. 7, all ri9ht. Then let'• 9 t th t of th
23 And it'• 11 on line, and connect the two t09 er.
24 (The witn ••°""Plied.)
nov bad an opportunity o x .. 1
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both maps1 is that correct, Mr. Wagner?
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Yes.
And the maps, insofar as the two of them, tho
one bainq--which was Objector's Exhibit No. 3 for this hearing
which was Exhibit No. 4 for the city at the time of the first
hearing, the only differences you find in that map and
Objector's map No. 2 are the ones that we have demonstrated on
this exhibit tonightr i• that correct?
A. Those appoar to be the only differences, and
neither boundary is correct.
~ Neither boundary is correct. You mean that
all thB maps ar , wrong? Is that what you're telling me, both
of them?
A.
(\
Both ... pa are wrong.
I ... • Now this map does in fact appea.r in
16 the Official Annexation Information Digeat, doos it not, that
17 this annex t i o .1 waa baaed on?
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19
A.
Q.
That'• correct.
And basically there i• no difference between
'"" re thu railroad trac a are in the nortn •• corner
alo:'\ . er<.1 , .1 to •P roxi tely th• aiddle of thia,
nth .·~ •r•? .here's no diff r nee w at oev r, is
A Dotu maps show the exiatino ci y Uait Un ••
n " o.•R.c;. •h .':'. e .F. r il:ro d. line
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according to annexation--
Just a moment, that's all I aske d you. You
can straighten up whatever else y ou want to tentify to later.
But that's correct?
I thOU 'J ht th ~y w;;.nted the tru~h .
Q. I don't care what they wan t . They will ask
you whatever they want. I want tho answers to my questions.
8 Are the two maps the same?
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A. The two maps are the same as far as the lines
we juat--the line you just pointed out.
Thank you.
MR. MYRICR: I will now offer 9bjector'•
Exhibit 2, with that explanation •
MR. LEE1 I have no objection.
MR. MYRICK1 May we offer it?
MAYOR PRO 'l'EM1 Accepted.
MR . MYRICR 1 I will Offer Objecto r'.
Exh ibit 3, whi ch is tho total oontenu of th• official
Littleton booklet that was p ubli shed on vby i t'• o nice t o
be in En9lewood. Any objootion?
MR. L&Er I have no objection to the •tat ... nt
or the exhibit.
:R. MY ICJC1 All ri9ht, wi ll you pl as aark
is on •
<wnr:neu N, Objector '• IXhibit • 4 w • •rk
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for identification by the Reporter.)
2 MR . MYRICK: I will now offer Objector's--whos
3 got the tape?
' (Discussion off the record.)
~m . MYRICK: Exhibit No. 4, which .1as
6 previously been identifie1l as Petitioner 's Exhibit B and
7 accepted in t11e court case which was initially held on the
8 first hearinq on 3-6-74.
9 MR. LEE: I don't have any objection. It's
10 already been adr.1i tt(?C'!.
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MR. !U'RICK: All right.
:-1a . LEE: Pre viously .
(6'! :rn . MYRICK) How, thi!I is the original map
l• of the Enqin er's Department of tho City of Englewood, as it
15 states, sho\linq the boundary linGs of the City of Enqlowood,
16 and I should like you to point out the differenc6s between the
17 boundary lin ~ of the exhibit which appoars on Objector'o
18 Exhil>it 3. .."ld \K>Ulcl you colfte ov r aqain, Hr. Wac,nor, and
19 how us Where t~e diff;?rence is bot·.r e t • two ups, as far
20 a r il r o J track i concorn d? ou ld you r w th ar
21 wh re i sho..., on th r.o a s to wh re th railro d tr e ,
22 wher th Cl .y of ncl c 1o'Ood bound ry h on tnh p , plea
s o po ed o wher e 1 h on t 1i p ?
You an wh t's shown on h r 7
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I\. As we just explained--
I just want you to draw it on this map where
it appears '••here the two maps are different. Draw it on
Exhibit 4 a s it app·Jars on Exhibit 3.
\'lull, v .1 EX:1i!Jit 3 it shows--
Just .!.·aw it on there ao they can see.
(The witness cOl:IEJlied.)
f·1R. I.E..:: In red.
( Y ~-m . i.;yRICK) In rod, l'lease . Show the
boundary li n.:: l.n t .1. .:iap a s t.c '! .lre it appears o n P.Yh i bit J,
11 the railroad track bou1 d ary l i n e .
12 I\. I don't k now whether it aplita tho centerlina
13 or the two trac l~c o r not.
14
IS
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io
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n
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You can't tell. Than why don't you ta>ce it
on this big mao. A good engineer like you ought to be able to
figura it out on this o nu .
MAY :.>R I•r..o TE?h I think that reaark ia
uncalled for, counael.
(BY MR . MYRICK) Would you try it on this .. p ,
ich l.8 • l r1•r d naion , and • e if you can put it on
tll r l\O f.
T ho a on 't QV n appear to be quidiatan t.
0. Can l'OU pl • put i on th r , to th bea t
of your b il ty?
A. fo, I on 't ha•• a eca lo .
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~ I don't care about a scale. To the best of
2 your ability.
3 (The witness complied.)
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All right, now would you put your initials
alongsiuu L 1cro , Mr. U .1 n •r.
(Ti 1e Wit :lCS3 cc:::.,)lied.)
!'Ir. Waqnnr, then between the two r.u1ps, t.he
8 boundary line i~ n iff~rent1 is that correct? And which--
9
10
Butrn ..... 1 which?
No :. w ar ,. t doinq this t : ac~le. It
11 would appea!:' that the ooundary line of the City o! Enqlevood
12 would appear to be o ·:~-: a hundrod feet different botweGn the
13 of!icial ar.nexati.1.n ma p and the official county mar and tt:e
l• map thaL appears in your official annexation bookle 1 isn't
IS that curreot?
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AJ.l ric;h t, thctn you.
How w ·~ 1 cu nod nt aOlle period efore aa to
wh thel you evor ••rv y 1 any of the particul r ar a and
.... h th r or not you kn w er you w r a p ratinq property,
is that corr t?
id no un· y th proper y.
(). You ur non o! th y?
~ Tru •
(). Do )'O r o not••h ye 1 •v r
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looked at the prcperty?
/\. Yes.
Q. Do you l~ow whather this io anywhere close to
the boundary line of the river. since 1965, thi• map that you
h ave here?
The r i ,•ur ac dri-:-i ctad on there is not an
accura t ~ depi ction uf t he r ive ~.
JI..
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I t .:_.;n ' t?
No.
Wh y wc:.a tiuch a ll'i!p used in thi• annexatiofl?
11 This has n 't be ~n d J..:t ·iction of the river •ince 1965, has it,
12 Mr. Wc.gnc l."?
13 I ~ouldn't •ay. The river haa changed--., Since the flood?
lS Even since 1938 it'a changed considerably.
16 '\ t n 1 965 , t horo was a flood that 'changod
17 basically thi3 rive r, didn't it? Don't you know that as a
18 fact?
19 t J.-.now ~1 ra was flood in '65. To what
20 xtont it c 1a:"I~ d th-.> d v r, I do n t }.now.
21 Ye know t .1 .. .ia no
22 whor the ri var 1a .oJ y J i t! at corr ct?
23 t 1 not an accura ·
24 depiction of th r v r. I Jo 't know vhltre th• riv r h.
Wo lu you • y i t'• at l•••t '00 f • ott,
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wouldn't you?
A.
Q.
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I wouldn't say that, no.
But you haven't surveyed it and you wouldn't
' ar9ue with a surveyor that did?
I don't know th4e either.
You might arque?
Very possible.
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0. Do yo~ have any reason to arc;ue? Do you have
9 any Bciontific reason to arque about a •urvey?
10
No, Lut two surveyors can survey the same
II tract and come up diffe rent. I do know that.
12 0. Are you 9ivin9 that now aa aomothinq for
13 Council to consider, that two aurveyora could be wrong, but
14 you haw taken no aurvoy and he -Y be vron9?
IS
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I'm sayin9 that two •urveyora can 0099 up
differant1 that I have not aurveyed.
Q. And you have no idea where the tract of river
b on this map, other than that it'• on that aide, it'• on the
weat aide ot what you arc annexin9 aa.avhara?
A. It 'e botv n Santa Pe Drive and Peder al. I
do know th t.
0 All right. Now thia area right hare on thi•
23 map, marked Ball Land and Laaain9, do you knov hov that 9ot on
24 there?
.. No, w. didn't--8')' otfice vaa not reaponaible
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for putting t he owners~ip line• on there.
t).
city engineer.
A.
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done to the--
A.
T~is was done, signed and approved by K. w.,
That was the initial plat of the map.
But you did appr.:>11tt it. Now, was aomcthing
1 approved the base map. The Department of
Connunit/ ·ic velo pmant than put ~lo other ow 1.a rships on.
r t you approv,.~ t~e map and yo · didn't r •ut
any of the O\.ll\~rships 'n?
r .. Ccrract.
But •Oll"~body else i n the city did?
I approved thu ba ... 11ap.
51
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0. I aee. And you approved the river 9oin9 like
this and you approYed tho city boundary 90in9 like thia,
instead of over here?
On your laat COlll:\ent, I did a r-p rove of the
city boundar-1 u~or there, beeauae that one i• correct.
And you approved the river ovo r here, and you
kn wit w n 't correct?
ans r?
A. I did not knov the ri•er wa sn 't oorr et. It'• -
n Now, you to ld ... hat you--
MR. LEE• Could the vitn • b dlov to
1 o no know vh re it Sa. I canno •Y
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whether it's correct er i ncorrect. I do not know that that is
2 an accurat ~ depi ction of tha location of the river.
3
(BY MR. MYRICK) I thought you told me juat a
' little bit aqo that you knew that it wasn't correct.
A. I kno~ that it 1 c esn't run in a ~tr aiq ht line
6 right along t !u1t line as shown there.
7
8
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So you do know it'• not aorrect?
I •uppo•e, •ure.
All right. Now never~h cl•••, you approved an
10 incorrec t l>ouatl ary , insofar•• ·~~we re concer1ud . You -AY
11 this is corruc t--thi• is incorrectr is that right?
12
13
You said inco rrect boundaries.
Well, what I'• ••Ying first, I want t o get
l• your teatimony fir•t, Mr, Wa~r. First, you say th8t the red
15 line which a , pa ara on the official oounty .. p, and al90
16 appear• in the r xh!bit No. C of tho fi r st bea Jnq, ia not
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correct?
A.
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on ia corr ct.
That'• truo, that i• incorrect, acc ~·rding to--
This is a.n incorrect line?
The red one.
Incorrect?
Incorr c •
And this one is oorrect?
According tc our annexation ordinance, that
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~ And you also said that you know that the
river is not a straight line, eo you know this boundary line
is incorrect as it appears tharer ia that correct?
53
A. I did not say that. I said I did not know the
exact location of the river in that point. That line is a
line d cJ cri~e d on the Kiewit dded. That line is correct.
But t.\.:! line described o n the Kiewit deed with
the we:Jt boundary of the river, is it not, Mr. tlaqner?
A.
Q.
A.
No, it: is not.
H 'l J you please look?
T~e west line, the wast boundary of the river
12 ia not described in tho Kiewit deed.
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What is de•cribed there?
A. 'l'h o desc ri ption 9oea1 •thence s outh sixteen
de9rea3 fifty-f ivo minutes west a distance of ei9ht hundred
forty-five foet more or less to the south line of s aid
northea t on3-quarter of northeast one-quarter.•
Let's a ~• "of the northeast one-quarter,
th nc at ~long ai d south line a dietanc of eight hundred
iq ty-~L x fe t JDOr or leas to the point of beginning.•
~ Would you r ad the full description?
~ You want t full deacription?
()
A.
Yo •
•1 9 innin9 at the aoutheaat corn r o! the
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northeast on e-q u ~rt ~~M --
A.
Q.
Now where is that, air?
Yo ~ ~~nd there aoutheast corner.
You !'<>int it out.
"~
1·
l·:J ·. o ~RARDIHlt Mr. Mayor, let me interrupt.
If you are goinq to ~~k e rtife~ence to the exhibit, would you
make a mark on the <:U:11ibit ao the Council when lookin9 at that
can deternaine wh a t ynu're t&li.in9 about, because in a week'•
time, when th•:'i' r ~ ~ :.. .. :11 t ~h, they aay not be able to rec all
what you're point ' !\ •
HR. LEE a May I make a further request, that
a• long aa he ia r efc rrinq to another doou.nt, that that be
adlllittod alaoi that is, the Kievit deed that he i• reto rrinq
to.
Mr. M4yor .
MAYOR PRO TDh I will adait that.
tm:. MYRICJC : Do you want to hear anythin9--
MR . LEE1 .. will ban to 9et it aarked first,
MR. MYR I CJts Mou l d you l e t • aay 80methinq
befor --you raay find it ha• no rel eYanoe •
MAYOR PRO TEHa You are toi"9 into detail• and
I want you to have your oppor tunity to s peak .
(WU:t UPON, City lbehibit A ., .. •arked f or
identifica tio n by the Reportar.)
(D i acuaaion off the record.)
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~ (BY MR. MYRICK) All right, now would you
2 indicate where the ~~operty lines atart, and go ahead and drav
3 it in, please.
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Tne proporty line start• at this corner.
Is t h t t ho sout r.~~st corner sec tion?
•Southe ast corner of the northe a3 t one-quarter
7 of the northeast ono-quar t or of Saction 8, Townshi p S South,
8 Ranqe 68 West of the b~xth Principal Meridian."
9 Would yo u take in rod and p ut o u t thet quarter
10 section, p l e ase, ro1111hly ? I kno llf v,,u can't. do it a ccurately ,
11 but approxuua.te ly o n th.st ma p .
12 (The vitneH coaap lied .)
13 Thct t would be t hat quarter . In w:ii ch quarter
1' nction b that?
IS That 's the quarte r quarter. It's the
II northeast a mt-quarter of tho northeast ono -quarte r.
17 Quarter quarter aeotion of the no rtheast
18 one-quarter . Why don 't put that ri9h t i n there , r i qht u p
19 hero.
'° a coaplied. )
21 0 All ri.qht, a r. NoV , would you then in blue,
22 ao that on't--or ll&ko it black, because it'• alr ady blue.
23 You'v quarter a ction outlin basically in r , ia
H that cor ot7
IS A. Yea.
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2 northeast one-quarter of what section?
3 A. Section 8.
' (). Why don't you atick that in there, too,
5 because we will use this map ~ little later when I want to
6 show something else.
7 (The witneas complied.)
8 Q. Now, you determined the Kiewit property how?
II Ti. From tho deed.
10 Q. And vhat date is the deod?
II A. The date of the deed is July 2nd, it l ooks
12 like July 2nd , 1951.
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All right, now would you show and read and
then 90 ahead and in blue ahow the Council whero you put your
lines tor t he Kiowit property--or in black, excuse -·
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Q.
you put i t i n.
A.
th oaat Un
The lines for tho Kiewit property--
Just r e ad the description and •hov thea hov
From th t corn r it 9oes: •thence north a l o n9
of aid north aat one-quarter a distanco o f on
thousand and t n f t ••
(). Will you put th t line in U r st th n?
A. I'a not sayin9 v ill put th t line in Urst.
0. Well , I a nd you a re •Y v itnesa , so 1ill you
pl .. put i in .
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we've qot it.
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I thought you meant when we drew the map.
No, I mean just put it in now, please, ao
(The witneaa con:plied.)
Now , "'!1at' • t h., ~ext?
A. •thonc e aouth •ixty-fiva de9rees west a
d istance of three hundred fifty feet.•
All dqht.
(Tn ~itne•• i nuicated.)
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J •n-+: put it on th• outu.de ao that we can aee
your line .
Out•ide or ins ide?
ln•ide, I don't care. Juat •o it's alonq aide
ao we CAn t e ll •c.ethin9.
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(The vitneaa eo11plied.)
Go a he ad.
Ok a y . •thence aixty-ei9ht deqree• thirty
min ute• we at a d i a t a nce of thr .. hundred ten f .. t.•
(Th e witnoaa i ndic a ted .)
All right.
•theneo •outh •ixteen decJr .. • fifty-five
11.inut a \ •t a distance of 19 1t hundred f orty-fl•J f e t naore
Zl or loH to th tOUth line o f aaid northeaat one-quarter o f
north ••tone-quarter.•
G All ri9ht, put tha t in.
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(The wi~ness complied.)
Now, will you tell me how you determined the
Hall Land and Leasing land?
land.
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approve(] it?
I didn't determine the Hall Land and Loaainq
Who drew thia line on thia map you approved?
The Department of ec.munity Development.
You mean they stuck that on there after you
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I approved the t.a. u aap and a aepia, and they
put the O\ftlership in.
The baae .. p and sepia had thia line on it.
How did you determine it?
A. I didn't deteraine it.
0. Who did? Who in your department did and how
was it dotormined? I'a aaking you, Mr. Wa9ner.
I don't know whether the office an9ineer did
or vheth r it waa the Department of Colm\lnity Deftlopment.
0. Would you pl•••• qo to your oriqinal reoorda
and 11 juat like you clid n t.h Kievit?
A. I don't hav tho•• record• I re.
0. Why?
A. I jwit don't.
HR. MYRICJC s Thia 1a the a&llO probl• ran
IS into before, l'a aekincJ a very ai.llpl• ciue•tion. R can
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determine the K1.Ew it property. The p it rticular thing now I
2 want to know is the Ball L <l nd and Lea ing, and I would like to
3 ask for a recGss until Mr. WaC}ller car, get the docunent to put
' it on the map as to how he deterainef" to draw the line at the
5 Hall Land and Loasing prop :>rty.
6 A. I didn't determine the line.
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MR. MYRICK1 It vas ~~ne in nis department.
I con't th ink it vaa done in my departllcnt.
(Br MR. MYRICK) Mr. M CJllU, that !'O ">ia that
10 this was takon o ff of vu approved by you. Ien't that correct
11 please?
12 A. Tho base aap vu approved by -· The base
13 annexation ma p .
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16 on it.
Q.
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And it had that line on it, didn't it?
The base annexation aap did not have that line
O. Mr. Waqner, thie line ha• •inoe been r~ 17
11 f rom your sepia. You and I both know it, fraa other Mpe that
19 hav e been .. de s i nce tha t t ime.
20 Mow, I'a tryincJ to f in4 out--
21 That line vaa rw'Nd f roa ea.e of the .. .,.
22 that I h ave seen since then, but not a t ay direction.
23 o. All right. And l 'a tryin9 to find out baaic a l
2' only how you deterained to put tha t line i n there. And 1 thi
15 it'• a very ei le queetion tha t the SnfineerincJ Depart.ant--
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~ I don't know, because I did not determine it.
Woll, ia it accurate?
MR. LEE: Well, I've got to object to that •
If ho didn't determine it and he doesn't know how it was put
on that, how can he answer a question whether it'• accurate
or not. Objection. I'd like to have a rulin9.
MAYOR PRO TEM1 I would like to ll&ke a c~nt
MR. MrRICK1 Mr. Mayor, we have a city council
relyin9 on the information provided by the city en9ineer'•
office to aakc a le9itillate findin9 of fact and conclusion of
law in a very Hrioua proble11. Now ,,,. haw the city en9ineer
atandin9 before this Council~
A. You do not haw the city enqineer atandinq
before this Council.
you?
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(B1' MR. MYRICJt) Well, who an you7 Who are
I'• the director of public work8.
All ri9ht. ...11, who i• the oity en9ineer?
Gene 8ari9lo.
MR. t..Da Are we 90inq to haft more question•
or are w goin9 to ban a •ta~t toward• t.be objection l
aad 1
23 HR. MYJUCK I The only thift9 l know--
H MR. I.1!1 Mr. Mayor, •y I aak they uJte a
15 stat Mnt of llY objection before he cont.in-. .. with mre
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didn't, coun ::1 el.
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t t~. "fYRIClt: All right, he's butted in, I
MR. LEE: All riqht, well then let'• let--
?·: • M ~I CK: Will you allow me to do it--
MR. LE~: You are butting in now. I will ask
the mayor r> direct the witneea l.o romain quiet until
Mr. Myrick makas e statemont.
MR. MYRICKt Th't.'lk you.
MAY:" I RO 'l'EMt ~'-' ruled.
(BY MR. M\"RICK) How, i• thi• in fact--
Mn. LEE: He'• not doing it. Be'• a•klnq .ore
queetionll •
MR. MYRICJtt Moll, Mr. Waqner ba• in fact
t.•tifiad tnat the initial• K.W. au city enqlneor were hi•.
M.'-YOR P1'0 TEM1 on thia particular aap?
MR. MYRICK& That'• correct. Now I'ft 90t
hia on the etand. I want to know how he det.rained that line,
and I aa entltlod to know.
And I'M esyinq I did not d•terain• that line.
21 lR. LEJh Jwtt a ainut., plea... Ba'• •lready
22 i.ndic tad that ha C9nnot an11Wr the que•tion. And .a it
0099 an r~nt lve tter when etarte a•kin9 what
accuracy at thh point. Th4t • • What miy objection
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MAYC PRO TEM: This is my understandinq, that
2 Mr. Wagner felt tnat ne did not have that information, and to
3 continue tili ~ line of questioning I don't think i a relevant.
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~·~(. LT.:E: Well, I'm just asking f or a rulinq
by the C'.lu .1c.1.l on the onP. ques c,.on as to its accur ~c~·, baaod
upon the lack of foundation that's been presented so far.
That'• all I'm aski n~, not as to the relevancy of the line of
questioning , Mr. 11A)'or.
MAYOR PRO ~£M: Wo are getting into a few
legal qu1~tiun s h~ c . I'd lik .o <lA·1e our--
M.·. MYRICKi we are tryinq to establish a fact.
MA~OR PRO TEKi That'~ all I'm after, counsel.
MR. Bt!RAIWINI : I &JI lldvhing tbe mayor, I
expect t .1at thore i• an objection on the question of evidence.
And we ai:e not proceeding by rules of evidence, ob•iously,
because ·::.hero ia no w.iy we can possibly, beirMJ here. So it'•
up to tho c ouncil to doter11ine whethor, whatever they receive
is reasonable and credible.
If Hr. WaCJller cannot answr the question, it
a fu t.i J. to ma to pre•• the point further, unl.••• he can
identify how tho line was established and Who established it,
22 because ~t s ems the question haa been ans that he does
23 not know how the lin•--ho did not establish th• line. And I
24 don't know whether it'• been eatabli•!Mtd if know• NMI the
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A. I coul<' probably shed some light on it, if
2 you just want me to ~p~ak.
3 MAYOR HtO TEM: Go ahead. We are trying to
' get to the facts.
5 A. Thia m~~ was daldd in 1970. I did approve the
6 base map, which ahowe~ the annexation are;: and the deecription
7 of the city limits and boW\dar~ea of the City of !~lewood .
I n1e ownerships, as I reniember, were put on by
I the Departme~t of C -runity 0.~•lopment. I would assume at
10 that twe that they ""t&ined drf"da in order to 1how the
11 ownerships. I think thoee deed• are 1till on file. t don't
12 know that they ar , 11n ther tb y are or not .
13 At on. ti it t :u thou3ht--and this 1a only
l• on hearsay on 11y par becauee I didn · t iMpect the deed--
15 Ha. MY RICK : I would object to hearsay on his
11 part, bec.ause I ..ould like to know if he knowe 1fbo drew thil
17 line on this map he approved.
11 A. I was just trying to tell Council the
11 background that I have .
to Mil . MYRICK : Well, may I a imply Hk-·
21 MR . MANN : Excuse 11 , I'd like Mr. W&KUr to
22 go ahead and explain . Can you let the man talk for a fev
a minutes?
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MR . MYRICK : Certainly .
MR . HANN : Thank you .
.l1H1 Chi• Hyeu
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A. A.i.: c.;::.(? time I think it was the thou9ht that
2 ffall Land and Leas .nry Company owned some land that side of
3 the river. That wou.ld bo in this area shown by the curved
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line and west of t hi. Kiewit pror·erty.
On the final annex nti~n plat, and I think on
the final vwnershi p mc:.p, it wa• llUlde then by the Department
of communi ty Cwelo1rJll(.nt, I thinlr that line was erased and
l think the reason for it was t 11at we had an indication from
Rose Week :; that a1P. owned evar.1l.h in9 west of the river .
An 1 111.!la r as · • could determine, it was
probably a co..aon lino between Kiewit and Rose Vc o ks, We did
not qo out in the fie ld and survey it to find out whether
there was •t•ll any land left between the river and Ro•• Weeka
or to wh a t extent t he re was land left in there.
We have had, s ince then, a aurvey that
actually •hows Rose Wecka'• land cutting into the Kievit
property, throu9h thi s area.
Again, that m.ap llUppoaedly shows the--or at
least shows on tho aap wh t i• tho flow line of the river, or
I ould aH tho thr ad of the riv r. Md it doH cut into
th Xi wit land.
If in fact that ia true, then hav split
23 Rose Meek•'• land, ,,
(Br KR. MYUClt) Thank yo.a, That' a pr ciHly
» What I wanted you to say •
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~ It was a heck of a lot easier to qet around
that way.
No, I'd atiU like to know who put that on the
map when you wore changing it.
A. I do not know.
MR. MYRICKt What I'• pointing out, Hr. Mayor,
I think he doesn't know. But I think it'• terrible for a
council to rely on a 1-r..ap which is supposed to be an official
map, and to take peo~le'• property at~tin9 to follow a
statute and flat say he doesn't ~now, and you presented it in
your first hearinq a• your Exhibit a, and he testified it was
ccnpletely accurate--and you can look at bis sworn teatillony
on it--
MR. LE&1 .. 11, I'a eve that Mr. Myrick la
90inq to be qiven aapla opportunity to a-.rise at th• proper
time. But I don't think it la the proper time now and I ask
that the Council direct bia to oontimae with the quemtiona,
whatenr they aay be.
MR. MYRICK a TMnk you, Mr. lfacJner.
MR. WAGHEJh I'd like to aho--
KR. MYRICICa Thank you, Mr. W.cpaer.
MAYOR HO TDh Are you thrOUC)h with
Z3 Hr. Navnar then u a witness?
IOl. MYUCJta Por t.he -.t.
Nit. LI I I'd like to a bla a oouple
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questions.
2 MAYOR 'PRO TEM1 Mr. Wagner?
3 MR. LEE1 Yea, if I .. y.
t EXAMINATION
5 BY MR. LEE1
6 Q. As I underatancl it then, Mr. Waqner, the line•
7 as drawn on the armexation map, froa which you took your--or
I the meaaurement• were taken--were drawn in aaoordanoe with the
I JCJ.ewit deed t!lat you ~"v• in ye•?: handJ i• that correct?
10 I Jc.,n 't know wt ~ther it vaa apecifiaally that
II copy of the deed or not.
12 0. Well, doea this particular--
13 .\. ffe did take it froa the JCJ.evit 4..S.
14 0. And doea this cSee4 depict thoM line•?
15 L Yea.
11 0. And that'• .. rked •• City Sxhlblt A?
17 A. Yea.
11 HR. LEEa All ri9ht, then I would offer that
19 at thia ti.lie. Do you want to aake objection to it?
• 20 Mil. MYRICJta No •
21 KR. L&Ea Tb re ia no objection, I un4erat.aft4,
22 fro• t~. Myrick.
23 • KR. MYRIClta I take no poaition on it. • •
HR. LECa Ba take• no poaition on it.
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EXAMINA'Y'ION
2 BV MR. MYRICK:
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Q. Mr. Wa9ner, I de-think ve are in complete
aqreement that you have never •~r.veyed the area and have no
id3a where the river really runs or what property is really
owned by any particular individuals in that particular arear
is that correct?
MAYOR P!U> 'l'EM1 Counsel, we will receive the
deed, Mr. Myrick.
A. 1fe d~d not survev the boun4ary as depicted on
the annexation map. We compiled the boundary fro11 annexation
ordinances and deeds in the area.
O. (BY MR. MYRICK) Did you hear my question? I
don't think you heard me. I saids Ianit it a fact that you
don't know where Dall Land and Leasin9 property is as far as
tllia map is concerned.
A.
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True.
And you don't know where Rose Weeks' property
is a• far aa that raap le concerned?
True.
And you don't know where Peter Kiewit'•
property is as far as this aap 1" concerned, except for the
deed that you have just introduced?
A. I know that that parcel le owned by Kiewit.
You Jcnow, you've 90t a deed in ••idence?
Hyatt
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A. True.
Q.
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And you also--
And aurvey--
And you alao know that, and you have relied
S upon not splittinq the Hall and Lttaainq propert~· bec~uae Rose
6 Weeks owns it1 isn't that correct?
7 A. I don't believe that I ever te•tified before
8 as to ownerahip of the property.
9 0. I didn't aay that you did. I Hid you have--
10 A. You did ao a while a90. 1'ou aaid that I--
11 Q. You said you alao relied upon--
12 A. You aaid that I teatified a• to the accuracy
13 of this -P·
You moat oertainly d.14, and you te•tified
lS under oath.
A. llot to the ownerabip on the .. p.
You teatified under oath.
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MAYOR PRO 'l'Dh Bo~ of you are apeakint at
tho same t1-. I wiah you would 9et the queation and answer.
20 Each will have tbeir opportunity to 'JG9•tion.
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MR. MYRIC1t1 The record wUl •peak for itHlf,
ao it's in the record •• to what he teetified to. Thank you,
Mr. Waqner •
We wculd offer Objector'• Bxhibit 4 at thi•
U point, H drawn upon and teetified to by Mr. W-.ner.
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MR. LEE1 May I approach the bench?
2 MAYOR PRO 'l'BMt t'a not a jud.99 0
3 (Discussion off tbe record.~
' MAYOR PN> TEMt Would you object to • •hon.
s recess?
6 (WHEREUPON, at the hollr of 9
7 taken, after which the proceedinci• continued
I a quorum was again established.)
9 (WBEREtJPOM, Objec~r• a Exhiblta 5 through 15
10 were aarked for identification by the Reporter.)
11 MAYOR PN> TIUh Mr. Myrick?
12 MR. MYRICKS At t:bi• t.iae I will offer
13 Objector'• Exhibit No. 4, ba1D9 a aap prepared by the City of
14 En9lewood, Colorado, through their •"91.neer and ~ity
15 relations depart:mant, ahowing tb• ownerabipe and thca property
16 lines of th• City of DMJlewood for t.bi• particular annmcatlon.
17 'l'h• original was dealCJfted on 7-J0-70, with the cbanfee aa put
11 on by ttr. Wagner.
19 HR. LE!! 1 I don't. bav. any objection to the
IO exhibit for wbatev.r, for the oonai4erat1on of Co\lneil.
21 MAYOR PRO Tl!Mt Tb9 exhibit. then 1a receiYed,
22 accepted.
23 Mil. MYUCJt1 Now, bulioally at t.hh point I'd
'' like to call Mr. Kall •
I 1 Cbrw Hyatl
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WHEREUPON,
2 DORCBY RALL
3 called •• a witness for ex .. ination, havin9 been duly svorn to
• state the whole truth, te•tified on hi• oath •• follove1
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MR. NvLLBllBA.RGEkr Pleaae •tate your n ... and
Dorcoy Hall, Jr.
8 EXAMIN~~IOR
I BY MR. MYRICJt1
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Wh.it 1 •· your u-and addr•••-
Dc t' .:cf Hall, Jr., and r lift at 4400 South
12 Clay Street, .. ili r addrcsa, Bn ~lM«\Od.
13 o. Mr. 11.1111, I hand you w!lat.'• been marked aa
It Objector'• Exhibit Ne-. 5 and a•k if yr:u can identify a oopy of
IS that cSocu.ent for JlG 1 ple 1ae.
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intereat in.
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Do ycu kn<"·t vha t ' at 4~nt: b?
It'• s ·it?Cd to aor property that I bold an
Ia it d•ted or J 1 it a consent to--
It ' e co'\aent Pl per, really, but I •• toi"9
to look at it for l · al d •c=iptJon.
(Du " tai .. n t•!f the record.)
0 Wh : lid you f1rat • a oopy of that
partiaular oopy? •11 . -w r i • d Uvu~ to you and how 4i4
IS you COIM into PoH•• 4on o! i , Mr. 11-ll?
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~ This was brought to ma by, I believe--it'•
2 been a lonq time ago and I wa• looking for a date here and I
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haven't found that--1968, Noveiaber 13th.
It was brou9ht to ae at the home of my 110ther,
s and she resides at 4063 South Delaware. And I have two
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brot.'lers and a sister, and this was laid in our hands by
Dorothy Roman, and I beliow Mr. Berardini, and it s .... th
was a third pereon there, but my aiater •aid no •
~ Nevertheless, it vu tbe people frca th• City
of En9lewood that brouqht it to you?
Yea, air.
What did they reque•t that you do with it?
SiCJll this paper.
And this paper vu a OOnMnt, 18 entitled a
IS Conaent to Ann ... tion of Portion of ... 1 Batate Held in
11 Identical 0Wnerahip1 b that oorreoU
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0.
That'• ri9bt.
And it'• got certain le9al deacriptiona of
that particular p rope&"ty1 i• that oorreot?
A. Yes.
0. Did that COftr the 199a l deeoript.ion o f the
22 property, Hr. Ball, beinq the Ball pcoperty, beinq thie area
" ri9h her ?
No •
And thia ar a be re 7
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A. No. • 2 0. Which one did it--
3 A. It'a up there. Can you find Oxford Street? • 0. Yes, I think I can.
s A. Can :rou find the river?
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Q. Herl' s the ri•er. Oxford Street ia up here.
7 A. All right, one, two, three parcel• in front • of you from Oxford Street, down.
9
.'1\d What waa the purpoae of t.hat document then
10 .., •• to--
11 A. That would give tb-enoa9h cont19Uity t:o work
12 thia annexation deal with no objection wbat•C>eftr. And I
f 13 refused to aiqn for tbe •Ula na80Ga, on acoowat of I -quite
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•• friendly vith all of my neiC)'hbora.
IS
And haw you ever a1,ne4 any oouent t:o annex
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any of your prop3rty that ia conti9QOU8 with your other
17 property, into ~ho City of En9lewood?
18
N~, air.
19
HR. M1'RJC'lta We offer Objector' a lbcbil>it: 5.
MR. LE&a I have no objection t:o tbia. Thia
2
1 matter vaa off red in the District COurt, and I think part of
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Judge Foote•• ru lin9 inclu4ed that this llbould be •llOW.S. lo
I have no objctet1~n •
Mil. IUUDIHl1 la t:bat: documat dated?
A. Tea, ~ U, UH. lhow it to bia.
llH• Cb.tie H1 « c......... ......
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MR. kY :~ICK: It' c; dated the blank day of
2 August, 19·;,.
3 MR. &ERARDINI c Does that appear on the
' docu•nt?
s MR. MYRICKc Yea, it. wasn't &iCJlled or filled
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in, but it does in fa~t a.bow that.
MAYOR PRO TEM: We will receive, accept the
(BY MR. MYRICK) P'ow, ~. Ball, a • a matter
of !act, did you aiqn peti t!o:• a cov.: of Which has been
11 presented to Council, atatin9 in fact that your land was in
12 fact bein9 aeparated and that you ob1ected to that beiDCJ done?
13 Yea, I think I did. I'm not real sure of that
IC but I think •o.
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If yoar UM appear on the petition that 18
before Cowicil, that ia your ucrnat.ure o:i it?
' Riqbt.
Q. llov, in order &180, Mr. Ball, to ..ice it
. rfectly clear that the property lhted here ia Ball Land
and LeHin9 Conpany, and the property lhted aa Ball, Dorcey,
t al, w.re in the •-ownerahip, did yoa file a oorrected
d d to be aun that there vu no ci-•tion, inaofar as that
property beilMJ owned by the •-people?
L Ho. 1 didn't nally Wldar•tand you there.
0 11, let • ulc you tbia, *'· 111 You b ...
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property that was ir. ~ e name c f: R.-!ll Land and Leasing Company
2 is that cot'rect?
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A. Th.at'!; right.
And y o " also haJ property in the na11e of four-
Ot h : -..
Now, •· l l Land _,.j Leasing Company i• owned
one-fourth, one-fo..1r nd ona-.1.u11rth of certain parts; i•
8 that correc t?
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A. Th • '~ right, fl ~v Ck certificates.
0. An 1 'b OWJ\f Dorcey Ball, Jr., Alonzo
c. Hall, 1 O W rd H. .. l a r.d Zlll<.r.or Hoagland?
A. Th . '11 r rh t.
'). Al al! o tl& h d that' u llall Land and Loa•inq
Company. Ar. &1110 th l nd that ill 011n~cl by Ball, Darcey, et
al,ilaleo .1ndl rt.. •a f.:>ur pocpl ?
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I\ A .t.r.,, h a portlcn oC it ii carried in
corporat nu n ., l' rlio of it i l carried in the individua
n •1 la that r1 lt?
Th• I 8 •;ht.
0. 0 July 5 , 1973, 1d you in fact file a
d to cl 'I l. 0 t •>r vould be no
th&l it \11 • • C>WMnhip?
A.
0. I . t. •• n aarked H
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Objector's Exhibit 8, which is a certified copy of that
2 particular deed, and ask you if that is a copy of that deed
3 which was filed in order to clarify that ownership.
' ~ Truatinq, not havinq read it, I will say so.
5 I know by the signature that I eiqned it.
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MR. MYRICK1 We offer Objector's Exhibit 8,
MR. LEE1 I have no objection, but I'd like
to question him on it a little bit later.
MAYOR PRO TEMr Proceed.
MR. LEEt Is it llCl"'epted?
MAYOR PRO TBM1 It is accepted .
MR. LEE: Thank you.
(DY MR. MYRICJt) Mr. Hall, hav you in the
year 1973, and all prior years, paid taxes on the property,
which h delineated here as the Ball Land and Leasing Company
property?
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Yea, up to '7' they are paid riCJht now.
And is thh in fact copies of your tax
c~rtificat.s or certifiad copies of the tax c rt i ficatea
shoving that that property baa in fact, tax • haw been paid
upon by you on all of the proportb• that are list d on there,
which includes that property?
Yea.
KR.. MYIUCJtr All r19bt, we offered c rtified
ts copi • of those tax ncorda •• Objector•• Exhibit • 6.
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MR. LEE: No objection. These were admitted • 2 at an earlier time in a court hearinq.
3 A. I can probably find you 26 more of those.
• (BY MR. MYRICJt) It's not neceeaary. And have
s you paid taxes on that property for how many years prior to
6 1973?
7 A. I think prior to about 1965 I had 18 tax
1 certificate•, and I didn't count after that.
9 That particular piece of property , do you know !
10 how ma.ny years you p~id property t1Utea prior to 1973? More
11 than ten?
12 I'd say nearer 20.
13 All riqht, fine.
14 MR. MYllIClti I ha•• no further queetiona of
lS rtr. Ball.
16 MR. LEE• Just a ooaole.
17 A. That's all ricJISt.
II EXAl4IllATION
19 BY im. LEEa ., 0. • What connection did you haYe or do you ha••
21 with Hall Land and LeHinq Coapany, Incorporated?
22 A. I'a th president.
n 0. A.Id th o h rs, Alonto c. Hall, Hovard B. • u 1l 11 and Eleanor Hoagland are •tockhold ra?
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2$ L Yea. My aieter u .. nor ie ·--
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Q. Hoaqland?
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A. Hoaqland is our secretary and trea•urer, too.
How, Mr. Ball, was any portion of thi• land
• that'• de•cribed in thi• deed •ubject to a lawsuit with Rose
5 Weeks?
6 A. Yes, sir.
7 At any time?
I A. Yes, sir.
fl And did that matter qo up to the Supreme
10 Court?
11 A. That'• riqht.
12 And do you recall the title of that ca .. ? Wa•
13 it Ball Land and Loaainq, Inc. v. Rose Week• or--
l• A. No, it wa• JI'/ .,tber.
15 It wu your mot:.ber?
16 Yea.
17 (). What was her n.me, air?
11 A.
19 so it vu Elisabeth Ball •. Rose Meek•?
20 A. I th nk you'd find that the auit wH Slhabeth
21 n.ll v. Brannan Sand an Gra• l.
22 All ri9ht, air. aoe. Week•'• n did net
titl of it at all?
It probably did in the lmu.it.
T • • all I wanted to know. And there wu a
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decision by the Supreme Court?
~ That'• true.
MR. LEE1 I have no further questions.
(Witness excused.)
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MA. MYRICJC1 At this time we would offer
Objector's Exhibit 1 0 , which is a cortified copy of the deed
from Leater Hunt~r to the BAlla1 and alao Ojbector'a
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Exhibit No. 9, which ia a deed fraa Morman 8-ple and
Elizaboth Sam lo t o OClrcey Hall, or to the Ball e, aeveral
Halla, and Hoa ~ -~
HR. LEE: The city ha• no objection to
12 Obj c tor' s Exhl. its 9 and 10. Tbeao haft been preri<N•ly
13 submitted anC: accepted by the CO\a"t.
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MAYOR HO TEM1 R.ceiYed.
MR. 11YllICX1 w. now offer Ob1ector' •
Exhii:>it 12, Which purport• to be tbe--I' jut pointinq oat
what the deed• did and I'll point it out to thea.
MR. LD• Me ba"N no objection to Objector'•
19 Exhibit No. 12, which wu covered and accepted in court aa
IO Plai n i!f'• Exhibit No. J.
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H.R. KYRICK1 Baaically-•
1 YOR PltO TIMI a.ceind.
MR. M!RICJC: The purpoH of thh ex.hibit, and
24 I think I ahould aak a atai:-nt to the co.art, or to t.M
u Council on it. It ow• the pro rty, and thi• pro rty
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being split . And I will do it on a larqer map here in a
2 lllOlllent, insofar as if the Hall ownership is the same in this
3 particular lllAp.
' It also ahows the two deeds from Mr. Sample
S and Hunter to Hall, these two extensions coming down here in
6 red, which are the two certified deeds which have just been
7 in. And as a result, there is a splitting of property in
this location, which ie in disagreement with the statute.
And with the additional amount• o f grour.d
here owned by Mr . B1!.ll there i s no contiguity. And we will
put testimony on to that, but it'• merely d8110natrative of
what the de d• in fact do show.
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Now, I aa going to offer Objector'• Exhibit
Ho. 11, the ce.rtified copy of the tu receipt frO!I the
treasurer's office for the year U72, whiab ebowe the ad
valorem taxes pai d by the D.•R.G. railro.d in Arapahoe Co\anty
t o be $220 ,790.
Mn. LEEs Ho o b jectio n. A.gain, this vu
submitted to the Court a a Plaintiff'• Exhibit Mon July 10,
to and the Court cc pt.ad it. I haft no objection.
21 HR . KYJUCJC s T purpoee for 1 t is beoauM
21 th re ttaa toati ny by Mr.
2l they didn't show what the
• at the laet
2' railro de paid in Arap
••para tin9 th railro d rro rty.
tax v
arin9 that
that th • •
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MAYOR PRO TEM1 Receive the Exhibit M.
MR. LEE1 Objector'• Exhibit 11.
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MR. MYRICK: And I have Objector's Exhibit
No. 7, which is the 1972 taxes paid by Mr. Ball on the parcel
of land which ia the year that was in which the statute talks
about as far as that particular land. And the leqal
description of that land appear• on thi• tax certificate.
MR. LEE1 No objection. That was pr<:wioualy
submitted to the district court.
M.:\'!OR PRO TEM: • ;)Ceived, Exhibit No. 7.
MR. MYRIClr:1 And we submit O!>j cctor's Exhibit.
No. 13.
MR. LEE• I have no objection t Objector's
14 Exhibit No. 13. Aqain, this wu a matter that wa• subait.ted
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for the Court's consideration on July the 10th, and the order
was to preoent it bofore Council.
KR. MYllICJt1 This v .. a copy of the original
Petition For Annexation Election in Unincorporated Territory
in tha County of Arapahoe, State of Colorado.
It waa presented to city clerk and th
City council of the City of Englewood on or about the 11th of
April, 1973. It •hovs i was et&llped in on April 13, 1973 by
the City of En qlewood.
Thi• copy wH prodded to us on a Subpoena
u Duce• Tecu. • And thh p rticular ann .. at.ion petition, it••
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never been acted upon. And that there i• no authority in the
2 City of Englewood to act on any other annexation that cover•
3 this particular area.
• The statute i• clear that until that'• acted
S on, you have no jurisdiction to act on any other type of
6 annaxatio~. That has nover been acted upon by the city to
7 this date.
8 Brad Clow please come forward.
9 MAYOR PRO 'l'EMa Please be sworn in by the
10 clerk.
11 WHEREUPON I
12 BRADLEY B. CLOW
13 called aa a witne•• for exaaination, having been fir•t duly
l• sworn to etate the whole truth, t••tified on bi oath H
15 follows:
11 .
MR. NOLLERMJtGDa Pleaae atata your nae and
17 addr•••·
18 araa loy a. Clow, lll• ... t 17 th •lace,
19 La kewood.
EXAMIJIATION
21 BY K.R. HTIUC a
22 Ple • stat • your ....-, Mr. Clov .
Bradley Clow. • • 2• Mr. Cl ow, have you recently Md a ·~ o f
25 th are along the South Pl att e v r, 9 n r a lly in
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9hovinq on this map beinq owned by Rose Weeks, Peter Kievit
2 and Hall Land and Leaainq Company?
3 A. Yea.
• And what was the reaaon that you made such a
s survey, sir?
6 A. That was a boundary aurvey request by
7 Mrs. Weeks to survey her total boundarie• so that abe could
8 sell it, total parcel.
9 Was this as a reault of a lawsuit or do you
10 know anything abo .. ie laweuit that counsel asked Mr. Hall
11 about?
12 This did affect Mra. Week•' boundary, yea •
13 What were you exactly told to aeasure at that
14 time, air?
15 Mell, a• far as the--
16
Boundary line, a• far •• the ... lt• property
17 was concerned. Hov were you told to determine What that vu?
11 A. The boundary line in tho northeast one-quarter
19 of north ast one-quarter of S.Otion I vaa alonq thia
to a ubdiviaion line, with a • ction of it alon9 the riYer. And
21 tha • to the thr of th •tre-.
22 0. To t thr ad of the •tr••· and h that what
13 yo u r told to M&au.re at that point?
H "( ..
2$ 0. Did you in fact Mk• •uch • •urvey?
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A. Yes.
I hand you what's been marked as Objector'•
Exhibit No. 14 and a•k you if you can identify that document
for me, •ir.
'I 83
s h. Yes, this is a copy of the survey I made thi~ I
6 past January.
7 All right, in January of 19747
I Ye•.
9 (\ And to your own knovled99, air, has there been !
10 any significant ct e n~ in the thre&d of the stream from 1970
11 until that d'lte?
12 Significant chan9e, no.
13
Do you know when the biq chanq wu made,
14 insofar as the atraight boundary line a• appear• here, and
15 what appear• on your aap?
16
Well, thh flood of 1965 did condderable
17 daJ1&qe, but there vu aleo 8c.e chanqe afterward•. And thh
11 s what re•ulted in the lawauit.
II 0 I aak you firet, Mr. Clow, how wide "Ould that
IO riv r , according to thi• .. p, thi• official aap of the City
, approxi•tely.
n Well, the •cale le t, one inch equah 200
t. And it'• about half an inch, that ul be about a
undr feet in width.
Bow vi ht • , no in th location,
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because the steam isn't there1 is that et>rrect?
A.
Q.
A.
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That's corroct.
How wide is the streaa where it exists?
Thirty to thirty-five feet on an average.
Now, I will have you, at my requeat--no, first
this map is to what scale, sir?
A.
Q.
One inch equal• a hundroe feet, I believe.
Would thia be--can you ah.ow the Council there
where the area would ba, approximately? We will qo into a
little more detail , but on this map, that crooked line that
you've qot as the thread of the streaa, can you show the
Council where that would be on thi• aap?
Yea, air.
Q. Don't put it in there, ~au•• we've 90t other
adjustments, baaically.
A. Woll, it COM• aero•• thill way ICAd then up and
curving back in thi• aanner here.
Q. Now, uave you at my requeot tak n auch a -P
and aupcrt.posed whore the thread of t..be •tr ... actually ia on
20 anot r oxhibit?
y •• 2 1
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• MYRlClCa Okay, at t.his point in tiM
would off r Objecto '• EXhibit 14, llhich i• th
by Hr. Clow on a tvo-to-o b 11• aa tar aa th.a
ts cone rned.
au.my done
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MR. LEE : Is that the one--
MR. MYRICK : The one aubmitted in co.lrt.
MR. LEE: Sutaitted in court. I haV3 no
objection. This is one of the map• that waa submitted to
Judqe Foote in the diatrict court. I believe it was not
accepted at that point, but as I understand his order, it was
to be considered by Council. So no objection.
0. (BY MR. MYRICK) Mr. Clow, would you be
s e ated a qain , and I'm 9oin9 t o hand you wh at'a been marked a s
Objector' a Exhibit Io . 15 and aak you if you have ir. fact put
the east bo undary line of the Rose Week• property aE it
exist• today and as it exi•ted in 1972, on this aap.
L Yea.
And where is that, plea .. ? 0.
L Thia b the red line that•• ini:ticatod by the--
it aaya th• thre8d of the South Platte tiwr.
O. Nov, I note that on the loath Platte• River
90in9 through here , there'• also a ... 11 piece of property in
the cor ner down ther that doo a not belon9 to Mr•. '.fee.It•. Who
does tha t bolon9 to?
L Mell, that bel on9 a to it.her the Ba ll Land and
Leasing or Dore y Hall, et al.
o. And la all o f the Dorcey Hall land within th•
City o f Englewood under ir annexatio n .. p, •• ahovn on this
rt.ioul r .. p, ich la the o ff1 o1al &nql rint ..,art:Mnt
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map approved 5-17-73?
2 A. Is all of it on there?
3 Yes.
4 A. No, it is not all on there.
s Does it aeparate a portion of the Hall
6 property at that. location?
1 A. Yea.
• Q. And this i• in thi• corner riqht here?
9 A. That'• correct.
10 (). Doea it alao aep arate Roae Weeks' property?
11 A. Definitely.
12 Where doe• it. ••parat.e that.? Would you show
13 whare t.~ Roae Week• property ia?
14 Aoae Week•' property line in thia ai-ea here
15 coDMUI t.o the red line, which ia the thread of the at.r.... And
16 . ao therefore, everyt.hinq bet-.n t.M red line and t.bia line ia
17 divided.
11 (). I .... And ao it ia ••parat:ed1 Roe• Week•'•
19 property ha• alao aepa.rated Dorcey Ball'• property •• far aa
• t.hia annexation .. P i• oonc rned?
31 That.'• correct.
And t.bie h done froe an accurate aurTeyJ i•
• 13 that. corr ct, •1r7 • •
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qualifications are, sir?
A. I'm a licensed land surveyor in the state of
Colorado and state of Wyominq.
0.
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How lonq have you been so licensed?
Three years in Colorado.
And what experience have you had, insofar ~•
surveyinq is concerned?
A.
Q.
your office?
A.
I have been surveyinq for the past 14 years.
And where do you presently work and where is
I work for Dexter &reeker, and our office is
87
12 2695 Alcott, Donver.
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How lonq have you worked for them?
Year and a half.
And do you testify under oath and certify
today that you are absolutely correct t.hat both 'Ro•• Weelta'
property and Dorcey Rall'• property are being ••~at:.d by
this annexation?
would l lko to
Yes.
KR. HYJlictta Off Ob' ctor'a !!xhibi o. 15.
Kil. L!.£1 Aqain, I haft no objection. I
•tion hill on it.
. • HYRICJt 1 Go ri9h ah9
MR. lZf!a Are you thr 9h?
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2 BY MR. LEE :
Q . You have been present, have you not, 3
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Mr. Clow, during the entire evening?
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A.
Q.
Yes.
And you heard some testimony in connection
7 with a deed on the Kiewit property by Mr. War,ner?
8 A. Yes.
88
9 All ri~ht, sir. r.ould you take this rn3 that
10 you have drawn, and which you have shown in red the t hre3d of
11 the South Platte, an·l take this deed on the Kiewit property ,
12 and just generally show where t~e Kiewit property would be
13 located if the deed is correct?
•• A . This is the sa'lle deed that he read bc4:orc. .
15 '1 · That's correct.
16 A . Well, he c!tJscribed it quite accur•tely. n1e
17 only problem is--
18 Q. Just minute, you're p,oing pretty fast,
19 Mr. Clow. Show ju t exactly wl r it is.
IO A . I 11 v th • point of th b ~innin~ 1a th
21 south st-~it would b this corn r h re.
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A.
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And ,.h r Jo(! it JZO froo th re?
To t i. north, scrou to her .
Wh r 7
Appr xim t ly JSO ! t.
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O. All riqht, fine. And where else?
A. 310 feet. 845 feet and back to the point of
beqinninq •
0. Well then, is it fair to say that this deed,
whatever it is, certainly conflicts with what yo u have
pro po sod as the Rose Weaks ownership?
A. No.
0. Well, does the Una here, the IU.ewit deed
overlap the Rose Weeks own e rship of the red line a s you show
it?
A. Thie is dated 1951. The Supre11e Court
decision w~s c o n s i dorably aft e r that.
Nov, j ua t a ainute , I 'm not aakin9 what the
Supr ... Court did . We will read that. But I'd like to know
if this deed as it h outlined with thia line cwerlapa what
you show •• Rose Weeks' property in red.
Thia doed dou, :re•.
That'• aM I wanted to know, okay.
When you aoa aured the thread of the river,
20 what does th thread an to you?
21 A. It 1a the c tar o f the flow line of th
22 riv r.
ZJ Q. 11--
2' A. The in channel, the center t th in
" chann l of tho riv r.
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~ Is it the middle of the stream?
2 A. No.
3 It is not?
A. No, because the thread may be over to one side
S depending on tho current. As the water qoes down in the
6 su111111er, it may all shift over to one •ido eo it would not
7 necessarily be the center.
8 Juet so I understand you then, ae a lay person !
9 like myself would observe a streaa, and eee bank to bank, let•
10 say, the middle of it ttould not neceasarily be the thread?
II ThAt's correct.
12 Whnt would be the thread?
13 A. Thu deopoat part or the main, deepest part of
14 the main channel.
IS
The deepest part of the aain channel, the main
16 cli~.nnel?
17
Woll, okay. You 99t the extr ... 4ry perio4 of
18 the yoar and it 9ota down eo that there's juat a trickle of
19 water. Thia would bo the thread.
20 0. I s HA Ye you ev r • n the South Platte in
21 thh area at that particular t. ?
22 A. ~-
" 0. Wh n "' 'J tirat tinai tha you ev.r look.eel
24 at the 8outh Platte Ri"r with a •1ew to d t raining th
U thr• 4 of th ri"-r u you bav it re tonic;ht?
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A. December t 1973.
Q.
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That's the first time?
When I--yea, to determine the thread, yea.
SO it'• fair to aay then that prior to that
date, you would not b e able to aay accurately whera the
thread of tho river waa1 ia that correct?
No, this can be a conatant chanqinq thinq.
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0. I understand that, air. But I'• ••kinq you :
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ia it not fair to say then that prior to that date in
Deceaber of 1973, you wo uld be unable to atate accuratel y
Where the thre ad of the riwr waa located?
A.
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'rha t' • corre ct.
Fine . Thank you. I ha ve no further qc.cs tiona
IC BVJUHATIOlf
IS BY MR. i4YRICJtr
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You can atate with accuracy it W.a nowhere
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near thia particular line of annexation, ia that correct, in
197 2 ?
Ye a, that i 1 doc umen t.a.
ID
And how tar "'Ould it actually be fraa tha t
21 location?
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Considerable distance.
Do you want to a•
and tell ua about how aany t t.?
A. 11--
i t o ff from you.r aap
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~ What's the closest it could have been in 1962,
2 the cloaoat point hare, the thread?
3 MR. LEE: When? 19627
• MR. MYRICK: '72, excuso ma.
A. Would a percentage figure answer your
6 question?
7
(BY MR. MYRICK) I want to know roughly in
• feet, what's the diatance from this point to this point in
9 feet.
10 A. That's approximately 225 feet.
11 0. And ia the old riverbed perfectly obvious
12 where it waa?
13 A. Mo.
l• 0. It's not obviOU8 at &117
IS A. Mo.
16 Q. . And it h .. n•t been aince '65, or do you know?
17 A. I couldn't teatify to that.
18 Q. But do you know Where it v .. and Where it baa
19 be :n frcm '72 on throu9b th• present elate, the approxiaat
location? I Jc.now the thr ad can cb&nfe a little bit, but that
21 aically Wbere it vaa?
L The approxiaate location, yea. I oan teatify
o '71 a• far aa t approxiaate location ia oone rned. • •
0 And that'• approximately re and novh re
o re?
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A. No, that river has never been straight.
2 Q. Insofar as this ground and the deed that you
3 just went over, and if the Jtievit deed is correct, then Jtievit
4 would own this property over to here, is that correct?
s A. If it was correct, yea.
6 0. And if that vu correct, then Kiewit doesn't
7 own it over to there?
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That's correct.
Now, it the lawsuit is incorroct, Mr. Ball
than owns all of this property over here, or the Ball Land and
Leasing, or Dorcey Ball?
A.
Q.
I haven't •••~ that total deed.
But aaawlin9 the raap of Englewood 1a correct,
14 prepared by this department in 1970.
IS
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Okay.
And aaamain9 that the leqal deacription on th•
tax•• paid by Kr. Rall of 1972, Vhich aaya to th• west bank of
the river, then that would be correct?
Yea.
10 0 All r19ht. Now. wtMan ¥0Uld Mr. Hall'.
21 property be, ven •••wain that tbe lawsuit ia now corr•~.
22 rather than incor~ ct, wh
23 it nt to~ at bank of
would Mr. Ball'• property be if
• ri..r •• oppoaed to the
24 thr ad of the atr '1 ldft 1 t it be •"1l furth r up?
y •• 1 ld farther cmar.
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Q. So that under this situation they are even
takinq more than Mr. Hall's property, if hie went to the west
bank of the river, rather than the thread of the stream?
A.
Q.
That's correct.
But e ven if it qoes only to t he thre ad of the
s tream, they are still separatinq his property ?
A.
0.
Yes.
And if Mr. Kiewit, if the lawsuit is correct,
and Mrs. Weaks owns all of it to the thread of the stre am,
then they a re obv iou sly splitting her property through there :
i a that correct?
Yes .
No w, I have alao asked you to put on this map
the two other doods which have been preaented to Council,
beinq d eeds nwnbered 1 and 2. And you have marked th-on
t.'l a t particular area1 is that correct?
A.
0.
Th at'• corre ct.
Now , takin9 those two Ball pieces of property,
which in f a ct havo also been split away f ro11 th••• other
properties, c n you tell what the continuity would be if they
in fact bad left Mr. B 11'• property out iu-..S of cuttin9
22 it off at these locationa, if the li"8 actoally wnt like
Z3 thh, in or er to no apli a ll'• property, what the
2• continuity would r icular .. p? Rave you co:rputed
t."\ t?
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A. Yes. Base<\ on the--you want it baaed on tho
2 thread of the South Platte River?
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No, not based on the thread •
Based on this other?
On the annexation line. But with the, on the
annexation line, but if the annexation line h~d been drawn
correctly around Mr. Hall's property, not aplitting hia
property, what would have been the continuity of that
annexation of the area that waa being annexed , a s oppoaed to
area that was a djoining the City o f Englewood, es oppoaed to
that t hat ~•a not?
A.
0.
A.
(.\
A.
It would be 65.607 per cent.
Of what, continuity?
Continuity.
Are you poaitiw of that fiqure?
Al l of ~ ticiur • are baaed on the nUlllbera
that are in the 109al deacription.
excluded
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where
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and two-t.hirda,
Excep t that you ha'n aleo included--
Included thH• three other d iat ancea a nd
they cut th• off.
And ao conaequently, it would be l••• an
it thy had not in fact iaola t.d or aplit
of the Ball property?
A. 'l"ba '• correct.
• wr.IC1t1 1 o ff r Objector '• hibi
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MR. LEE: No objection by the city •
MAYOR PRO TEM: Accept Exhibit 15.
MR. LEE: I have a couple more questions, it
MR. MYRICK: Yea, I'm through.
EXAMINATION
• Q. Do you know if Kiewit was a party to the suit
9 between Hall and We eks ?
10
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I do not know.
On this very Blll&ll little portion here that I
12 quoaa it'o inverted trian9lo, that that'• the beat way to
13 Jescribo that?
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Okay.
What would be the footaqe of that?
It'• difficult to say. But couple thousand
17 square feat, approx.U..tely.
II 0. From bore to her what would be the diatance,
19 th r line t• th corner?
20 ~ Oh , juat d atance?
21 0 Ye • a.rt r of an inch?
n Forty to f fty f t.
23 0 .. 1 und r•t it now, you neYer
H d t rain acc11rat ly of the •tr prior to
of 1973 y 9 re, i ludin9 tr i•
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that correct?
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That's correct.
MR. LEE: I have no further questions •
MAYOR PRO TEMi Councilman Sovern?
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MR. SOVERN: I have a couple questions I think
we ouqht to qot in the record. I iaagine it'e on the court
record.
EXAMINATION
BY HR. SOVERN:
o. I presWlll!I that you were the member of the
survey crew that surveyed the thread, is that correct?
L The thread of the stroaa?
Q. Yes.
l\. Yea.
O. And what capacity were you in on that crew?
A. Well, I vas the licensed land surveyor and
supervisGd the work.
Q. So you vere crew chief?
A. y ••
o. On th parcela 1 and 2 that JOU deecdbed, YoU
do not survey, you just took tho .. froa th•--
A. Took the legal description and applied thea
to th up.
MR. SOVBRNa Okay.
Mlt. MYRlCJta I think I h.. r.o further ci-ttio
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Yes, I do have one further question.
2 EXAMINATION
3 BY MR. MYRICK:
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5 Mrs, Weeks?
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Who retained you to make the aurvey? Was it
Mrs. Roae Weeks.
And waa her attorney Mr. Wham? Do you know
Robert Wham, yea.
Ml\YOR PRO TEK1 Couldn't quite hear.
(BY MR. MYRICK) I aaid, her attorney is
12 Mr. Robert Wham and you were -ployed through his office?
Yes,
MR. MYRIC1t1 I have no further question•.
MR, LEE: No further queationa.
(Witn••• exOU8ed.)
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MR. MYRICJta At thie ti•, Council, pleaae, I
wiah to preaent what'• been aarked a• Objector'• Exhibit
No. 16, which is a letter from Robert s. Wham, datod
Septellber 27, 1974, addr••• d to th• Honorable Mayor and City
Council of the City of Eft9l wood, ""1n1cipal Building,
22 Englewood, Colorado.
23 • Ladi • and 9entleJDen 1 lefer•nc• b ude to
2• ay earlier letter to yo~ dated s ptember 17, 1973, on half
IS of Mr•. Ro•• L. Week•, objecting to th• ann ation by the City
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of Enqlewood of a portion of her lands, if such were the case,
and objecting to any division of her land by virtue of such
annexation.
•x am told that further study indicates
clearly that the boundaries of the proposed annexation do in
fact include a portion of vhat vas then the Weeks property.
•Hrs. Week• has sold her property since the
date of my earli~r letter, but still retain• a security
interest therein. The present owner of the property is
4150 Joint Ventur ~. and the preeent lessee and operator of
the proporty is Colorado Disposal, Inc.
"I have been asked by the present property
owner, by the lesaee and operator, and by Mrs. Weeks, to advi•
you that the position of all of the• now ia the same as vas
stated on behalf of Mrs. Weeks in ay letter to you of
SOpteaber 17, 19731 that is, that they all atronqly object to
the annexation of any part of the fo~r Week• property into
tho City of En9lewood, and atron9ly object to any diviaion of
that property by virtue of such anneaation. Thi• letter is
vritt n so that tha podtion of the•• parties in interest .. Y
clearly known and so that if appropriate, a record thereof
uy be de at the hearin9 to be held on Sept.-ber 30, 1'74.
• or your inforaation, the for.er ka
property which would be dividecS by this annexation oonai•t• of
conti9uoua tnc of land ooap~i•inCJ aon than 70 acre•.
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Very truly yours, Roberts. Wham."
And I request and submit the oriqinal of that
letter as Objector's Exhibit No. 16.
MR. LEE: I have no objection.
MAYOR PRO TEM: Received.
HR. MYRICK: May I have a moment? I think
perhaps I am through.
(Discussion off the record.)
MR, MYRICK: Mr. Hayor, I have no further
cxhibita or evi...ie.H' .. t" p~eaent. I would like timo to sum up
what the purpose of aome of the exhibits and--
!-1' YOR PRO TEM: Would you speak a little
13 louder?
14 ~!R. MYRICK s I would like time to aum up the
IS
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purpose of what &Olla of the exhibit• were for and so forth,
after Mr. Lee present• whatever he wishes to pro8ent.
MR. LBEs I have nothin9 further to pres nt.
As I understand it by the court order, all of the material and
statements that were made before thi• Council at its first
h arin9, nd 11 th exhibit• that were •ubeequently au itted
to th Council after the court'• firat haarin9 and reaand, aa
11 as all matters here tonight, are to be conaid rad.
h v nothin9 furth r.
(Oiscuaaion off th• r cord.)
YO PRO TEMt Why don't you i• •
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MR. BERARDINI: Mr. Lee, is the city qoinq to
take a position with reference to the exhibits that have been
presented by the objectors tonight?
MR. LEE: Well, of course this is my--on some
of it it's the first time I have seen any of it. And it may
be a little difficult to just pick it up immediately and take
a position on it. I would want time to study that to a
certain extent, if I could have it, the exhibits and what has
been produc ed .
Do you want JDe to--
MR. BBRARDINi t Well, I assume that you have
12 some thouqn t s and coanents. I don't know, maybe you haven' t
13 f ormulated thom at this point • ..
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MR. LEEt some I have, but I haven't totally
f o rlmlated, because there have been acae new Mttera that have
been brou9ht out he re, and it'• become a rathe r .comple x case
as to line • ~nd a urve y a and ao forth.
MR . MYRI Cltt Th e only thin9 I know of any new
matter is a lett r froa Mr. W!laa. The a urv.y you had bef o r e.
It juat hadn't n projected onto a aap. But you could have
h d your ngine r &> that.
MR. BBRARDINI• Was th s urvey pre•ent.s at
the first hearin , H:r. Myrick?
MR. MYRICIC1 No, it aa presented in court,
an copy o b ck in th court file. I took this copy out of
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the court tile.
2 MR. BERARDINI: Well, this survey was actually
3 prepared after the hearinq.
' MR. MYRICJt: No, before the court hearinq.
s MR. DERARDINI: Before the court hearinq, but
6 after the hearinq before this Cocn c il in September o f '73.
' MR. MYRICJt: Yes, that's correct.
I MR. BERARDINI: Are you aakinq tor time to
9 prepare--
10 MR. LEE : I can ~,,k to the point~ toniqht.
11 MR. BERARDINI1 Do you want additio nal time?
12 MAYOR PRO TEM 1 Would you like e xtra time ,
13 Mr. Leo , to analyze it and then report to us?
14 MR. LEE r We l 1, I would like aome time tor
IS thi• reaaon r I know it'• a aerioua aatter. It'• a aerioua
16 matte r to tho Council aa we ll aa it ia to the peo p l e obviously
17 this e v o:iinq.
I I And the testi110ny of the aan who actua lly d i d
19 th survey is the t irat I haw h ard of it, and I think it'•
ao11ethin9 that really ahould be 9iv.n very aeriou•
21 con1ideration before any definite position ia taken.
22 ~A YOR PRO 1'EM1 I would a gree.
MR. LE!!a I think that'• a aatter of f a irneH. • • I don't viah to delay thi• thing any 110re than v. have to, but '
if you are askin9 to take a poaition tofti9ht, I vill do it.
Hy1 11
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But I would prefer to have the time. There will be a
2 transcript made of this, and I don't know how lonq it will
3 take, but I'm pretty aura aha can do it fairly rapidly.
• MR. BERARDINI1 Mr. Lee, I'a asltin91 Are you
5 prepared this evening to present to tbe Council the city' a
6 position with referon.::e to the survey, which purports to show
7 division of property?
8 MR. L£E1 That h th• one that I really would
9 like to study.
10 MA OR ~no TEM1 I think you need time to do.
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We have one witness hero that was new to both of us, you and
myself. And whot!\or his testimony is any aore accurate than
our en9ineor, I think you deaerve a little tiae to see wnether
his coapetency is as good as ours.
(Discussion off th• record.)
MAYOR PRO TEMI Mr. Myrick, wouid you aind if
we continued t:1h hearinq until w had a cbanoe to study this?
MR. KYRICICI I cSon't need to study it and I
don't aee any reason anyone •l•• need• to •tudy it. We ha••
been eayinq from the u .. of our first objection that there
•hould be a surYey done, partJ.cularly over in this ar a.
The survey was presented in court at the last
hearin9 in March of this )'9&r, the survey.
MR. Liia July.
MR. MYRICJt• Oh, July, JC.CU • -· The only
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thinq that •urvey was presented, a copy vaa qiven to Mr. Lee,
a copy was put in the file. The one that I took out was out
of the court file and had lll4rkad toniqht. That vas Mr. Lee's-
the only thinq different about it is that it's been superimpoa d
on onB of the City of Enqlewood'• maps, and the only o~her
thinq is tha letter of objection.
MR. LEE: I'd lik~ to--
MR. ~RICK: But there has been no evidence.
The evidence for has always been that both Weeks and Hall
objected to their ,i::operty beinq taken, and none of them
11 consented. It requires consont.
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Mn. LEEa The survey of the Week• property, a
copy was not given to mo.
MR. MYRICK• It wao certainly introduced in
court, and I took it right out of this file.
HR. LEEa But a copy was ne,,.r given to -·
The only tiae wo have had a oopy le when the Court ordered a
r~mand of the file.
19 MR. MYRIClta You were qi•• tM information H
10 to whore ,,,. qot our copy. There wu a oopy in tbe court file
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and you could have bad it at
• LECa I r
and you ••id, "You can't have
90 down and look at it at II)'
KR. MYnIClta
ny ti•.
...-ber I asked you for a copy
a copy, but you are wlcc.e to
offioe. •
I told you p&"edoudy that
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Mr. Clow--
2 MR. LEE1 All I'm sayinq is I did not qet a
3 copy frCllll you •
• MR. MYRI01 I think that ia your fault, not
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MR. LEES Well, I don't think so.
MR. MYRICK1 You had the information.
MR. LEE: I think it's your fault you didn't
qivo mo a copy . But that is noith~r here nor there.
MR . MYRICK: You \>' uldn't oven qive us a copy
of tho map today when Mr. Clow--
>lR. LEEs Today?
MAYOR PRO TEM: Let'• get back to what we were
di•au••inq. It is my feelinq that we are talkinq about one
and two-thirds per cent point here. Thi• is very crucial to
both sides here and I don't knov, I peraonally feel that
Mr. Lee needs, if he needs 110re ti.lie to be aura of the accurac ,
we ouqht to conaider that.
Mn. MYRICK: Well, I'd like to make my
sumution tonight and Mr. Lee can llaka hia any u. .. he wanta
to.
clo•
an
MR. LEE: That' 8 fine with M.
KR. MYRia1 If I .. y, if the hearin9 h
, and it he do.en' t intend to preeent anr .:>re evi nee,
ar only lkinq about e\lllll&tion, I ~d like to
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my summation.
MAYOR PRO TEM1 Any objection? Go ahead,
Mr. Myrick.
MR. MYRICK: All right, the hearinq is closed
and the only thinq--
MAYOR PRO TEM: The hearing i• not closed.
MR. BERARDINI: The hearinq is not closed.
You are malcinq summation.
MR. MYRICK: My understandinq is we were to
have a hearing tonight and to present whatever evidence we
wanted to present.
Now, there ia nothing new since the laat court
hearinq that haa been presented on behalf of Mr. Lee. Now I
want to know at thia time whether or not the hearin9 ia cloaed
MR. BERARDINis Well, let -adYiae the
Council on thia .. tter, if I uy. The atatute aays that the
hearin9 may be continued any ti.. after one hour of teatimony
ia taken. Now if the Council feels that for a fair preaentati n
of thia caa , conaiatent with the court order, Mr. Lee ia
aslcin9 for dditional ti.lie, thia he•r1"9 aay be adjourned to
another ti .. , at which time counael for the proteatant and
objector• uy appear if they desire. And Kr. Le ll'ay preaent
23 the city'• position to you.
2' If you want hi• to conclude t.hia .,,.nin9, you
IS uy do that. Aalc Mr. Leo to take a po•ition, if he deairH to
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do that on the part of the city.
But I think that a sumnation at this point, if
you are goinq to continue the hearinq, would be out of order •
The hearinq would be continued to a date certain, and it would
be concluded at that time.
MAYOR PRO 'l'BMI You mean swmation by
Mr. Myrick as well ••--
MR. BERARDINI1 Sumaation by anybody, because
the case isn't completed yet.
MR. MYRICK1 Well, I don't knov. I think the
II City Council or the City Attorney should state to Council
12 wh ether or not he intends to present any more evidence. I
13 think I &111 entitled to knov.
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MR. BERARDINI1 Well, I think t.h&t you are
o ntitled to knov also. Mr. Lee says he need• 110re tille.
MR. MYRICK: To do vhat?
MR. BERARDINI I To ftrify or prepare for his
s urvey. I• that correct, Mr. Lee?
MR. LEE • Well, there i • a Mrioua question
IO her relative to whether or not tbe aurv.y •• shown for Rose
21 by the engineer here toni9ht i • cut tinq into the Jt iev it
22 property, whether or not th deed o f Kievit oont.rola. There
23 is a qu ation aa to this ve ry .. u little pie ce. There i • a
t• question u to the thrtMMS of the au:.-&nd vhat that .. an•
U 1e9ally. I think th•r•' • acme--
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MR. BERARDIHI: Subetantial queatione.
2 MR. LEE: They are factual in part, becau••
3 I would like the city engineer to take a look at the way this
4 is drawn and overdrawn on the map to make that determination.
5 He may agree with this .
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If he doe• agree, of cour•e there is no
problem. I don't think you have any issue.
MR. MYRICK: We could have him do that right
9 now. I cert ainly have no objection to let him wait and
10 verify.
II MR. LEEs I do object to that. That'• been
12 one of the proble .. with thi• caae, ie eve rything ha• been
13 thrown out in a hurry, and then here let'• have an anewer
14 i~iately.
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MR. MYRICK1 Ttwtre baen't been anything thrown
ou t in a hurry . We have been in the city over a year.
MR. LE E I It'• happening toni9bt. I would
like t o have the time in order to let th .. look at it . I'•
not an engineer. I can't co1111ant on it •• a uch.
KR. BERAJU>INI I Council can tak• • vou on
21 whether to contin11e th• baarin9 or to go ah ad with th
22 twtarin9 thia evoninq, and r cei.-anytbint Mr. Le -Y ha
23 on beha lf of the city.
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MR. MrRICJt1 Nay I etata sy poeition on tha t?
MR. HJtAJU>INt 1 y I finhh?
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MR. MYRICK: I'm sorry.
2 MR. BERARDINis And it would be in Council's
3 jud9111ent to present this evenin9. If there ia anythinq
• Mr. Lee has to say in •~tion, we can conclude the hearin g
S or continue it to another date convenient to all partiea.
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MAYOR PRO 'l'EMs A motion could be in order,
but before that ia, I would like the youn9 man back there, the
aurv.yor--I don't know whether he'• an en9ineer--if he would
like to ll&ke a comment. If ao, I would like to hear it.
MR. CLOWs The line that he vu pointing out
11 on tho aap here that he vanta to diacuaa about had no bearinq
12 on thia oontinuity figure, becauae ve uaed your boundary there
13 and only added thoao other two parcel•. So that' a not a
14 question aa far u this percenta99 of oontinuity ia concerned.
15 MR. LEB s I'a not talkin9 about th• continu ity
11 I knov there is an absolute diaaC)r.-nt between the testimony
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of the city en9ineer .. raua b is on the oontinuity. One is--
MAYOR PRO ftth Sixty-five.
HR. LBEs Sixty-nine and B01111 tbing. So tha t'•
aoeethin9 els the Council is CJ01ft9 to have to detaraJ.ne.
That'• an absolute conflict th re.
I'• talkinq al>out t.be a plittinq of lands and
o f orth, ownership.
MR. MrRJC s In
ab olute conflict. The city nti
U.rat pla oe, t!Mlre 1a "°
r'• ta• 1-ony doe en' --
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leavea out. two parcels of land owned by Mr. Ball, and the
2 only--it'• a aplittinq aituation. We only had him testify
3 that if they in fact had drawn the line• properly, the
' continuity would not be there.
5 But we are talking eplittinq of properties
I all tho way throuqh. We are not talkinq continuity, because
7 you didn • t draw the lines riqht. So we are not talkin9, we
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are not faced with that at all.
Basically, if I underatand what the City
Attorney ie sayinq, that he would like--and the only t.hinq
that he needs to do ie to have somebody check and take the
~fO surveys and check and ••e if that red line is correct on
that 11&p.
Now, it doesn't • ._ to • that it would take
ltr. Wa9ft•r that lon9 to cSo it, and I certainly haYe no reason
not to wait for 15 ainutee and let hia cSo it noti and ... if he
doe• aqree.
MR. LBEa I would like the extra t1-. I
don't want to 99t puahed into the .. ttar ae it atanda.
MR. MYllICKa It'• not a .. tter of qettin9
21 pushed.
22 MR. LBE a That of oou-ee ie up to the Council.
23 MR. MYRICJta I \m4eratand. And I'11 not aekln9
H it fro. the thi09 of, standpoint of ciettiRCJ pwshed.
The •~y va• available to Council in July,
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or whenever the last haarin9 was. If he wished to make that
determination, it certainly could have been done, and I think
ha should have done it. We hava 9one on, this has been the
third hearin9 before thia Council in regard to that particular
thing.
TWice it ha• been sent back by the Court to
make proper findings and to hav. rehearings. These people
have remained in the city fran the time of whenever your last
annexation was. nut it'• almost a year at this point, I think
at least aix or eight 1110nths. And they at aa.e ti.J'lle would
like to have what we hope would be a final detera.ination of
t.hia Council in order to determine whether or not they should
take any further action in court.
And I don't aee that we have presented anythin
not in court. There baa been nothin9 presented here toni9ht
that was not available to counsel, other than the letter from
Mr. Whaa.
ftR. LB!:s May I make a ata~nt as aoon a•
he'• throu9h?
Okay, I think it behoc>Tes ua all at this point
as long •• t h 11&tt•r ha• gone this long, to be carefu l in
kinq a proper dtteiaion, whatever that .. y be.
, it .. Y very well turn out to be that you
2• f l that the annexation vae in fact invalid, bal-5 upon th•
U cl ditional t •timony a.nd ao forth tonifht. l point out fu.rthe
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that there ara new membera on this council Who have not seen
totally all of the exhibits Which are located in there, and
some of which have not been COllllDented on tonight, quite a few.
I further 111ake the atat ... n~ that the Court
has said a couple of timea that where the Council aaya that
there is a dispute, and that there ia a queation as to the
credibility of any document or any teatimony, that the Council
by law, under the Greenwood Village v. Johnaton caae, the way
the diatrict judge interpret• that caae, ia they muat aearch
out th<?maelves and make these deterainationa.
So regardleaa of what aumaation aay or may not
bo made toni9ht, I f .. l reaaonably PQ11itiV'9 in atating that
thia Council, aa ia conatituted here, baa got aome more review
work to do and aome 1SOre deciaiona to be made after the review
haa been done.
MR. MYRICJt I I aqr.. fully.
MR. LB&a So I don't know why there ia a biq
problem aa to an adjournment and a oontinuaaoe in the .. tter
until a later date, really, becauae you ha,,. to do that
youraelf no .. tter What ay &WllMltion ia •
MAYOR PAO TEMa I think l tf0\114 like to bear
tz from Council at this t1-.
Z3 MR. KYJU0t1 May I IMLke one ca..ent, Mr. Mayor~
t• I agree fully with What he aaya, that there ia no qu ation
IS that the ca e in t CO\Ll't baa aaid that thia Council'• duty
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is to seek it out. And I think Council can ask Mr. Waqner or
2 any other engineer to determine the right of thia, and make a
3 factual determination; whether ha doea or doean't •
• And if we just continua this, Council cannot
5 even start a consideration, because you have not caupleted a
6 hearinq.
7
Now, if you complete the hearinq and then
8 Council may do those thinqs, and Council certainly you can
9 take the two maps yourself and have an expert do it and make
10 a determination as to whether o ur evidence ia in fact correct.
11
And that i s c e rtainly within Council'• preroqative. It doesn '
12 have to bQ presented to you throu9h the city, throu9h the City
13 Attorney'• office.
14
If you llAke aucb a thing and find that it h
15 i ncorrect, you have to make a uch findin9a and show what they
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are . We .. y then attack tho•• if they are factual findinqa
17 oppoaite of v bat that teatilllony ia.
18
And I c an't a ee if they qat an ad j ournment, we
19
are talkin9 about -=>re evidence. I f he puta on 1KJ11ethinq 910re
• IO I .. Y vant to put on ao.ethinq m re , a nd eo.&ncil doe• not t\avo
21 a right to start conaiderinq aa to wha t v a a presented,
ine ludin9 a ll of the•• docwlenta and .. erythin9 that was
• • • 23 pre• nted toni9 t, until auch ti.lie aa they cloe e th public
hearin9.
MAYOR PRO ftM1 I a9ain "'Wld Uk to hear
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from Council.
2 HR. SOVERN: Your Honor, it seems to me, what
3 Mr. Myrick ia aakinq for is in contradiction to the reason
• why we had these ma9ters remanded to us. In fact, there
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waan't enough time taken, suppoeedly, for the submiesion of
evidence and tastimony on behalf of the objectors. And that's
why it came back to ua in the first place.
It doesn't se .. reasonable that ve continue a
hurried process in the development of this, of these
proceadinqs.
I think it behooves this Council, even if it
leads to i.>re evidence, i.>re teatt.ony, to hear it.
MAYOR Pao 'l'ZJh Are there any other councilmen
MR. JAMES: Counoilaan J-s. I han the
sa. probl-here in oonnection vith evidence, as beinq onfl of
the new .. .,.rs of COUnc:il, havin9 been sworn in office. I
have not bad an opportunity to hear the previous caae, except
for the aonin9 .. tters before Council, becauae of it, and I
certainly would like to have an opportunity to fully review
the infol"911ltion that I va• not privileqecS to prior to ay
becoain9 a Mllber of Council.
And in fact, I would .,,,. a continuance of
thi• n.arin9 for a ti .. certain, whatever r.quir ... nts .. bave
tor publication notic •, if other noticea are needed.
MR. HRAJU>t It I don't think any further
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legal notices are required, since all the parties are present.
2 Some date ought to be set this eveninq, if you are qoinq to
3 set one, set one d~finitely that i• aqreeable to both parties,
• including Mr. Myrick and Mr. Lee. And the city witnesses I'm
s s ure will be able to appear.
6 MR. JAMES: How 800n could we have the
7 information presented to Council by?
8 MR. BERAROINI1 How much time do you need?
9 MR. JAMES: How much time is needed to ver ify?
10 MAYOR PRO TEM: Wo are still in the process of
11 ma king a mo tion.
12 (Discua•ion off the record.)
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MR . LE E: TWo veaks.
MAYOR PRO TEM: Mr. Myrick, vill you have any
MR . J AME S : Oc tober 14th.
MR . MYRICK : I don't have any objection to t h e
18 <late. I'd p ref r to qet it over with ac:mett.e--
19 MAYOR PRO TEM1 I think we would, too. But I
10 think: our couns l ia tryin9 to be ju.t and we qet the beat
21 ans w r.
22 .tR. MYRIO:a I don't knov what h•'• trying to
23 cl o, but t ny r t I think it'• too lonq a 4ela y.
U AAYOR PRO 'fEMs Hr. J._s, if you start a
is ti on--
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MR. SAMESz I would like to move that this
hearing be continued until October 14th.
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MAYOR PRO TEMs What's the 14th, 15th? Do we
meet, is that a reql:.lar meeting date? The 21st. Could we
conclude this at a reqular meetin9?
(DiacuHion off the record.)
MAYOR PRO TEMI The 21st is a reqular meeting
ni9ht. The 14th is Columbus Day and it'• not a leqal holiday
for the city.
MR •• :A.MES• Well, I would move then that we
continue thi s meetinq to the 21st.
MR. MAMlla I will aecond that.
MAYOR PRO TEMa It ha• been ~ and aeconded
that thi• hearing be continued until October 21st. It ha•
been moved and aecond ed. Open for di•out1•ion.
MR . CLAT'l'Olh Could I aak the aaker of the
motion if he would specify the hearinq to be at s ewn o'c l ock
that niqht?
MR. JAH!St 1 v ill a ccept that •
MR. CLAY'l'01h b part of th• motion.
MR. JAMESt b part o f the mot.ion, yea. So we
could proc ad at. aeven o'clock •
MAYOR PRO TDh TM ~ntl.-.n in th a udienc
did h a ve his han4 up.
(Di•cu••ion o ff tbe reool'd.)
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MR. BROWN: Your Honor, may I object? I
2 would object to October 21st, for the aimple reason that we
3 are qoinq to have probably a long aqenda, and I don't think
' it'• fair to our citizons here tonight or to the citizens,
S other citizens of Enqlewood to stretch it out and have such a
6 long 1118etinq that Wd do not become effective after twelve
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o'clock at night. And I can see the meeting going on to one
or two o'clock in the morning.
So I strongly objact to that and would hope
that I coul.'1 make an amendment that we add October the 14th
to the publ i c hearing, and I think that qives ample time, I
would hope, to present our fact• in thia matter.
MR. SOVERN1 Sm. ti-?
MR. BROWN: Same t1-.
MR. llOLLBNBARGERa I• that • motion?
HR. BROWN a I would Mke an -ndment to the
1110 t ion to t hat effect.
MR. SOVE RN I I "°'1ld a e cond that .
Mil. Jl\HES1 I have no objection.
MAYO R PRO TEMI Diecuaaion?
MR. JhKES 1 I l\a ve no objection to that. That
MAYO PRO TEN• Not for th• city •
K.ll. JAMiia No for t.h• city.
MAYO HO
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The amendment we will vote on then, the meeti
2 be, the public hearinq will be October 14th at aeven o'clock.
3 The motion is to amend to October 14th at 7 p.111.
• (WHEREUPON, roll call waa taken of all
S councilmen praaent, who unani..:>ualy aqreed to the motion.)
I MR. NOLLENBARGERa Six ayaa, one abaent, Your
1 Honor.
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I dead now, but
public beUi!MJ .
K>.YOll PllO TDh The oriqinal 110tion 1a about
haw to 90 ahead. Thia 1a the 2lat, the
• N»JtDI•Is It' a Sllended to the Uth.
Mil. NOLLEMBARGER1 The ori9inal motion now
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13 r ad• to 80Ye the continuance of t:ha haarin9 to October 14th
" at 7 p.a. Ara you ready for the quaetion?
IS K>.YOll Pao TDh a..cty for the queetion.
11 (MllBRZUPOM, roll call waa taken of the
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oouncil-..n and all unani.llDualy agreed to th• motion.)
Honor.
o'clock.
Mil. NOLLZNBAaGElh lix ayee, one &bMnt, rour
AAYOR PaO 'l'Elh Motion carried, October Uth,
I will entertain a 11e>tion to oloee th hearin9
(Di cuHion off the record.)
AAYOR PRO TEHa will continue the ar1n •
QUPON, th• within noo inp r
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adjourned at the approximate hour of 10:15 p.m. on the 30th
day of September, 1974.)
CERTIFICATION
I, CILEF.N CHARLES HYATI, Certified Shorthand
Report e r within Color<1do, duly appointed to take the within
proceedings before the Englewood City COUncil, do hereby
certify that the said Hearing was taken by me at 3400 south
Elati, Englewood, Colorad , on Sepcember 30, 1974, at
7:00 p .m.; Lh at the proceedings were then reduced to type•
written form by 1 .. ys d f, the same consisting of 119 pagee
herein contal.ned; tha t the foregoing is a true traNcript
of the proce dings h 11 d.
IN WITNESS WHEREOF, I have hereunto set_.,
hand this 10th day of July, 1974.
/ ~~ ~n:,~1#
Certified Shorthand Reporter
817 17th Street, Suit• S05
D nver, Colorado 80202
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ANNEXATION HEARING
Before Tha
ENGLEWOOD CITY COUNCIL
Mayor :
Councilllen Pr•••nt :
Attorneya :
3400 South Elati
Englewood, Colorado
October 14, 1974
7:00 p.a.
J. Taylor
L . Jona1
D. Sovern
D. Clayton
v. Maim
H. lrow
P. lleHi.ng
Bernard V. Berardini,
City Attorney , lngl..ood
Geor1• I. Lee,
A9•i••tant City Attorney,
ED1Jlewood
w1111 .. !. Myrick,
Attorney at Lav,
Rapreaenting Objector•
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' ULLS WAGG<lfER: .... 1
5 BMDLIT R. CI.CM: .... 20
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8 aRIBns: Marked
9 Cl>jec:tor1' !Xhlbitl 17, 18, 19 .... 3
10 Cl>jec:tor.' Exhibit 20 .... 4
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WHEREUPON, the following proceeding• were had:
2 THE MAYOR: The meeting will come to order. Mr.
3 Nollenberger, would you ask the roll call, pleaae?
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7
(Diacusaion off the record.)
MR . NOLLENBERGER: Seven here, no absent, Your
THE MAYOR: We have quorum. Thil meetin~ h
I opened on special continuation of the meeti~. Thi• ia a
I continuation of a public hearin~ that we had on September the
10 30th, 1974.
11 MR . CLATTO~: I will ao move to open the public
12 hearing, Your Honor.
13 MR. ~LESSING: Second.
n1E MAYOR : It ha• been moved and aeconded that
IS the public heBring be opened. Tnil ii a continuation of the
11 ~ublic hearin~.
17 (Dhcuuion off the record.)
11 THE MAYOR : All d~ht, we have with UI tonight,
19 Mr . Myrick will preaent the caae for the--
to (Di1cuaaion off the record.)
21 HR. MYRICK : I do have actually twO oth.r
22 Joe enta, tvo eds auJ a title policy.
MR. BERARDI I : How do you want to proce d?
MR . M'l'Rt<X : W can do it now .
LE ·: Why don't 70u do it now fon t 1tat't
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MR. MYRICK: All right.
(Whereupon, the motion to open the meeting was
voted upon and passed unanimously.)
(Whereupon, Objector's Exhibit Noa. 17, 18 and
19 were marked for identification.)
11
6 MR. MYRICK: At this time, if the Council pleas ,
7 we vould offer Objector's Exhibit No. 17. which is a deed from
I Paul D. Van Winkle to the 4150 Joint Venture. which was
I notarized on the 31st of October, 1973. It was a copy of the
10 deed which appears in the public records and has the Parcel C,
11 being the legal description of the Weeks' property, of a
12 portion that we are interested in here.
13 And we'J also offer Objector's Exhibit 18, vhic
l• is a deed dated the 11th of October, 1973.
15 KR. ~.ANN: Excuse me, sir. I'd like for
18 ~tr. Lee to be a little more clear and a little louder.
17 MR. MYRICK: I'm sorry. on.. second is also a
11 copy of a deed from Rose Weeks, dated the 11th of October, 1973
19 to Paul Van Winkle.
to Do you have any objection to those, counsel?
21 KR . LEE : Pursuant to the previous District
22 Court order, written. I think the Council should take into
23 coneidaration snythin that i• subaitted. I havo no objection
u as such.
MR . H'Y'RICK: At thh time then we will offer
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(Whereupon, Objector's Exhibit 20 was marked
for identification by the reporter.)
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HR. MYRICK: At this time we will offer Objecto 'a
Exhibits 19 and 20, which are title comnitments of the title
policies which have since been isaued on by Transamerica Title
Company, covering the subject property owned by Mrs. Weeks, an.
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in accordance with the survey that we preaented at the last
hearing.
MR . LEE : Again , there i• no objection for the
11 same reason as noted bc:!fore .
12 THE ?-f.AYOR : '11\ank you .
13 MR . MYRICK : ntat' s all I have to present , and
I• I thank you for allowing me to preHnt tbeae before he prHente
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nu: t-'.AYOR.:
MR . LEE :
ntank you , Mr . Myrick !
Mr . Mayor , pre U.111inaril y, before I ~et
11 i n t o • litt lo t ee tilnony frOl!l Mr . Wa g ~on e r who will be the on l y
II vitnesa--
to TR! MAYO : Hr. Lee. f or tbe record, are you
21 supposed to ~iva your nAlllCT
n HR. I.!l : ~ OrR• B. Lea, Aaa i s t 8D t City Attorney
23 I gua •• I'm a1a 1Jr11in~ that •inc t h i 1 i• jua t • continuati on of
2• th lut meetin on tht" h arin',, I will be happy to do s o. And
15 I represent tha City .
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If the Council please, I would like to have
several items marked and ask that they be received.
(Whereupon, City Exhibit Nos. 2, 3, 4, 5 and 6
' were marked for identification by the reporter.)
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(Diacussion off tha record.)
MR. LEE : Mr. Mayor and Council, I have to offe
several Exhibits on behalf of the City. The firat one, which
is deaignated as City Exhibit No. 2, is a commit1111ent for
title inaurance in connection with tha Peter Kiewit property,
which has been the subject of some discussion in the past.
HR. MYRICK : What is that, now?
MR. LEE: Title commitment on the Peter Kiewit
13 Sona Company . No objection?
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15
MR . MYRICK : No .
MR . LEE : I vo\lld offer that . City Exhibit No.
11 3 ia a letter th&t was written by hia Honor tha Mayor, to the
17 professional corporation of MyTick and Newton, relative to the
11 Santa r -Union Annexation. The letter was a respoD.11e to a
19 previous l•tter written on July tha 11th, 1974, by the
IO profeaaional corporation'• associate John r.ollub , in connection
21 vith a decaand for c rtain aarvices vithin tha annexed area.
22 Cit Exhibit No . 4 is • letter dated AUAU•t tha
13 19th, 1974, vbich is vritton to tha Mayo'l' and tha City Council
u ot tha city of Engle\IOOd, by Hr . John r.ollub of HJ"l'ick and
11 Newton, which in ffect was a r ply to tha Mayor '• latta'l' of
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Auguat the 8th, 1974.
2 And also in connection with City Exhibit No. 4,
3 attached to that letter, was another letter or a copy of a
' letter that Mr. r..ollub wrote to Charles Carroll, who is the
5 director of the Department of Utilities of the City of Englewo
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City Exhibit No. 5 ia a letter dated AugU11t the
23rd, 1974--well, these are all copies, I should say. And
that letter was written by Charles Carroll to Mr. r.ollub, in
answer to the letter that he wrote him on Aup;uat the 19th,
1974.
City Exhibit No. 6 I will hold in abeyance ,
12 because it will be in connection with teati.mony from Mr .
13 Wa1u~onar .
15
MR . M'lltlO:: We have no objection to the Exhibi
MR . LEE : There waa one other Exhibit . I
16 apoloRiaa to t he Council, I am unable to --
17 MR . KY'RI CK.: We didn 't brinR our corrHpondence
11 file. You can put i t i n later , i f you viah.
19 HR. LEE : Fine, if ve could sti pula te to t hat .
to Th•r• vae an original letter writt en by Mr . Gollub, da ted
21 J~ly th 11th, 1974.
22 MR. HYRICJt : Ha ca n come up ao d put it i n. Va
23 hav a copy i n our office, and ve cer t ainly have no objection
u to that bain part of the r e cord .
m.. LEE : That latte r i a what, in affe ct, touc
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2 Q And do you recall the tHtimony of a penon who
3 va1 called by Mr. Myrick a1 a •urveyor, who bad 1urveyed the
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property of Ro•• Week1T
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Ye•, I believe it va1 Mr. Clow.
Okay, tine. You recall hi1 t••timonyT
Yea, I do .
And do you recall hie te1tintony in connection
vith the percentage of contiguity of the annexation boundariH
a• they related to the city of Englnood' • boundariH at that
timeT
A
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Yee, 1 do .
Do you recall that it va• under two-third8'
Ye•.
1'ov, ha" you had an opportunity to rHtudy tba
11 anneutioo bowulariH and tba percentap of contlguity in
17 connection with the ar .. annexed to the area'• boundari••
II adjoinin~ the city ot !ndewoodT
II A The boundariea 48 1hovn in our anneution map
IO ii •• noted on t annuation p, 1 believe it 1 1 69 .88 per-
11 cent conti~ity .
a Do JOU 1till atay with that percen~et
a A Te•, aa •hown on tha annexation Mp , that b .. the itercenta
Q All ri ht , tlne . low t bmld '°" t ha1 been
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marked aa City Exhibit Ho. 7 and ask you to state what it ia,
2· if you can, please, just initially before we show it.
3 A Yea, this is an aerial photograph. The date
' of the photography was April 17th, 1972. Thia waa done for
5 City files, and it originally vaa on file in my office.
6 Q All right, air. And there are certain lines
7 drawn in two different colors on the aerial photo. Can you
8 •tat• the colors and what they represent, please?
9 A The red color ia the portion of the annexation
10 boundary. The green ia the City limit boundary.
11 Q Nov, perhaps you can COIM up here.
12 (Diacuaaion off the record.)
13 MR. LEE: I realize people in th• audience ere
14 not able to aee this, if at ell.
IS THE MAYOR: You cen turn it, Mr. Lee, to where
16 the Council cen He quite a bit of . it and ao can the audience.
17 If tne audience prefers, thoy can mow over to the right there.
11 HR. LEE : I RU•H that'• about the beet,,. are
19 go in to do, Hr . Mayor .
20 Q (By Hr . Lee) All right nov, Hr . Wa~goner, can
21 you aore or lea1 orient ua aa to where thi1 red and green line
22 are located in connection with the own.rabip of property end
23 ao forth end the South Platte lliv.rt
A oit.y . Th• aerial, •• I 1tated, va1, date of
25 photography wa1 April 17th, 1971 . Tbb up VH prepared by
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Falcon Air Mapa. 'nlia ia the general area of the Platte River
2 . Q Ia that the South Platte Riv.r?
3
A The South Platte River, on the weatern annexati n
• boundary. It shows the area known aa the Kievit property, and
aome area that ia the Hall property.
6 Q Now, let'• atop right there. Mr. Waggoner, let'•
7 go apecifically to the Kiewit property. can you illustrate
• W.re that'• bounded and what color, if any, the line ia that
9 ahowa the boundary of the Kiewit property?
10 A Okay. We actually have--maybe it would be
11 helpful if I ahow Council and then abov the audience. We have
12 two different colors actually 1hoving the Kievit property •
13 We tried to incorporate thi1 on a map, although there are
It control point1, we can with the topoBraphic map that we had
15 covering che 1ame area come fairly cloae to the land lines tha
18 are in thia area .
17 Q Well, can you an1Ver my que1tionT Let'• orient
11 us by the color of the line with the Kiewit property.
19 A We 1how the Kievit property in two different
IO colored lines. The annexation boundary, of cour1e, ia 1bown in
21 red down h1tre, and then it'a 1hown in pencil line going .. •t-
22 wee . And then the norch-1outh line of th• JCiewit property .
23 Q Fir1t of all, let .. ••• if t under1tand you.
it 1'1• line shoving the Kievit boundary and the annexation line,
15 are they the 1ame?
!Ileen Cllatle H1•1t
Cett tfl•• l"9nf\ef'lillll .. ....,,.,
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A A portion of the annexation line ia the aame
2 line aa the Kiewit boundary line.
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Q That would be on tho northweat part?
A It'• along the north and weat aide of the Kiewi
Q And how did you arriv. at that line?
A That line waa taken from the deed of the Kiewit
Q la that the deed that waa previously adt:rl.tted?
A Yea.
Q That waa dated back in 19511
A I believe that'• right. It'• the one that I di
13 have the copy of it, and I think Mr. Myrick put it into evide
14 at the laat hearing.
Q Well, he vaa queationing about it, but I think
11 I put it in, actually.
17 Waa thh line then taken frOll that deed?
18 A Tea, it waa.
19 Q Waa it a meet• and bounda deacriptionT
A Yea, it vaa .
21 0 Mo\1 then, let'• set to the other red line which
22 Meta or adjoina the ltlevit property line, but ln.atead goea
23 atrai"ht acrou in a veatarly direction and then turna into a
u green line atraiRht aero••· and then a green line ~oing down .
u What doea that r-i>r aautT
I a Cbr,. Hyatl
C..,•hl4' ._,_,,. ...
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A Okay, that line outline• tbe--vell, the bounda
2 lina or annexation line wae taken from the deed from the
3 property on the eouth of that line. And that property i• •
' by partial red line, partial g-reen line, which ie the City
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limit. And a black line &long the north-south, eaeterly
boundary, and then part of the black line again along the land
line.
refer to
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one
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And vae that a meet• and bounda dHcription?
Yee, it vae.
la thie red and the dark or pencil line ae you
and the .... ,
Yea.
So that the annexation--
That ' 1 the annex.a tlon boundary.
The annexation boundary 1e the ·-aa the line
that •howm the boundary of the--
A That •how on the eol&Ch, or the deed to that
property on the eouth .
Nov, I will hand you what'• been urked aa City
IO Exhibit Mo. 6 81\d aak you 1f you can atate what that iaT
21 A Yee, thia le the deed that we uHd to arriYe
22 at that boundary line. EHentially tb.ia 1a a deed to, well,
23 between Hall S and Gravel, Inc. and aewral Halla, and it'•
u recorded in look 17 6, Pa 3 to S .
IS What'• tU. date of t recordi T
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A November 13, 1968 .
2
Q And did you uae that deed in determining this
3 line for annexation purposes?
A Yea, we did.
Q And what is that line, Mr. Waggoner? Ia it
6
known by any other name? la it a fairly CCllllllOn line that any
7 surveyor or engineer would knov?
8 A Yea, in the description itself of the deed it
• aaya, "To the north line of the southeast quarter of said
10 Section 8."
11 Q So it's a quarter section line?
12 A Yea.
13 Q And going to the eaet, vbere the red atopa and
14 meets the Kiewit line, does the deed then describe the reat of
IS that property, and in a penciled line?
II A Yea, it does. It actually goes t~ 600 feet
17 acrou to the point of be11inning, to the point ot be111nning aa
11 described by the deeli.
19 Q All right. 1'ow can you just outline for the
IO Council, according to the deed, tho act~l description of that
21 property ? Just •bow where it 1a .
22 A 'nle description, it 's bounded by this indication
23 Q All right, fin • And doe1 tha Uevit property
H line, ae it cOMa down at thie angle, l suppose in what ¥0\&lcl
15 be e rmed a •out aterly direction , dou it c-. to and ... t
llH• Cbtle Hy 11 ..,.1..... ....... ..
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the quarter eection line where the Hall deed comae to?
A Yee, it doee.
Q Okay, fine.
MR . LE!: We would aek that City Exhibit No. 6
be admitted.
MR. MYRICK: No objection.
THE MAYOR: City Exhibit No. 6 will be admitted
for evidence.
HR. LEE : Aleo, if the Council pleaee, ve would
aek that City Exhibit No. 7 be admitted in conjunction with
and •• a demonetration of the teetimony of Mr. Waggoner in
connection with the d .. de •
THE MAYOR: It will be admitted.
MR. LEE: All right, fine. Mr. Myrick, do you
IS have any objection to tho•• !ahibiteT
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MR . MYRICK : No, Hr. Mayor, I have no objection.
MR. LEE: I have no further quaetione of the
•tr . W&'Jgoner , you -.re quite careful to eay that
22 you wre 69 point whatever it WIU, accordlng to your annexation
23 I auume you had a.o waka , you had tba opportunity to
tha t .. timony of Hr . Clow in the ... ntima . You found
IS thif\8 vro~ vitn hie determination of tba laaH then of 66
llH11 Cht,_ Hy111
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and tvo-thirda, if you have followad that map; ien't that • 2 correct?
3 A I did not check the--
' Q You have no argument with it then?
s A I did not check it.
I Q You had two weeks and you didn't check hie fi e
7 at all?
8 A I did not check hl• figure.
9 Q So you have no argwnent with hie figure then,
10 obviouely?
11 A I don't know vlwtber I do or not. I did not
12 check the fisure.
• 13 Q Nov, where would the thread of the •tream be
14 on thi• photograph?
IS HR. LEE : Nov, could I ••k for a clarification
11 of "thread of th• •tr•az:i"? I think Hr. Clow'• tntiaony ,...
17 that it ,... the dHpeec part of the -ln channel of the etream,
18 and I think there ,... even an llluetretlon that he made by
19 line• on a aap to indicate lt .
a> ICov, lf that'• what the queetlon poH•, •• to
21 vlwre that voulJ be, I'd llka a clarification of it, or whether
22 va are Na.Dini eoaievbere elee by "thread of the ett ... ".
13 Q (ly Mr. Myrick) What doee "thread of the
u e tream" meen to you? • • A I have no idea 1'hat the thr .. d of a etr._ ie .
!1 • Cll•» Hyatt ..,,.,.. ~ ..
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Q Can you •how me where the water is? You know
2 what that ia, where the water flowa.
3 A The water on thia map above up aa the dark blue
• area.
Q Would you ahow ma on the dark blue area on the
8 map where tha water flowa?
7 A Here' a water flowing right down throuRh here.
I 'tbare'a water here.
I Q
10 A
ll Q
12 A
13 point here •
14 Q
1$ A
16 Q
17 A
II Q
Hov about OV9r here?
And it appeara that there lli8ht be aome wter--
HaV9 you enr been out to that aiteT
Yea, I certainly have. I nood right on thia
Now, there b water hare then, too?
'nwt'• correct.
And now who CND8 thb land up bare; do you know?
no, I do not know. t ¥DUld aaamae--
I don't want you to aaa\ae. Tou haw ••• deeda
11 that ahow that it belonga to the Balla, baYe you not?
IO
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A I have alao aeen--
Q Juat anawr ., queation . Ran you not?
A t have Hen deeda that •how Rall owna all of
tbia property owr in here .
Q
A
Tou haw? Would you •bow M that deed , pleue?
I don't have a copy of it . I think it we a de
lllN1 Cllatle Hyatt
C1Ht 1t•H.._....M .,
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that you put into teatimony--
Q Hr. Waggon•r, have you or have you not •een a
deed that •how that Mr. Rall owned all of the northeHt quart r
••ction of Section 6? I don't believe you ever have, and I
don't believe that tHtimony la correct .
A Well, I •av a deed, I think you pre••nted it or
•ubaitted it--
Q Have you in fact ever Hen •uch a deed that you
recall, drT
A Ye•, I haw.
Q Would you produce it, pleaHT
A I don't have it.
Q Do you know wbare it 18?
A I think you haw it.
Q Well, I put .,,.rythiag I bne into nidence.
A Well, that'• where I .., it, becauM it ••
•u1-itted to ue--
Q Hr. Waggoner--
A --at on. of the Council hearina•.
Q Hr . Wagsoner, doen't your origiaal map •bow
Hall owning a certain piece of ground about like thi•T
A I told you the other day I did not prepare that
23 Mp.
I didn 't Hk you whether you prepar9d it, Mr.
11. Are you in a poaition·-
g IH• Cai.1•1 H1att
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MR. LEE : Mr. Waggoner •
2 A I have never eeen a d .. d that ehows that that
3 vae--
' Q (By Mr. Myrick) Will you quit arguing about th
s deed? I'm now ••king you if that map -•n't prepared, ien't
8 that correct, by the City? You know what I'm talking about.
7 I think the annexation booklet abov9 an owner-
t •hip or •how• a line there. l don't r=eaber whether it •hov8
• an ownerahip.
10 Q Well, alt down. I'll get tha Exhibit• out for
11 you.
12 (Dbcuaalon off tha record.)
13 Q Mr. Waggoner, to refrHh your recollection, thh
IC wa Exhibit 8 at the firat hearing that you testified on. '11da
IS ia alao Objector' a Exhibit 4 that you testified on at the firat
11 bearlq, and I vill find it in tha tranacrlpt fo~ you 1f you
11 like, that thla ._. a correct •p, and JOU ao teatlfled. Nov,
11 I'm asking you about thla line. Mow, brnn't JOU found that
11 line, and aren' t you aware that thla line we on tbla map, and
ao haven't w dbcuaaed it on ~0\111 occaalona, and that thia
21 • belonging to Kall!
12 A t do not 1cnov that that belOQga to Rall .
Q t 1cnov you don't. Tou Hid you bad aeen a deed
u that the7 owned the vbole quarter Hction .
II , ...
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Q Now, you'd eay then that be owned it all; ia
2 that correct?
3 A l .. , that'• in the deed that •bow that Hall
' own. a piece in here about like thia .
5 Q Isn't thi1 corner the •-corner v. are talking
I about right here?
7 A Right.
• Q And have you aurwyed the ground?
I A Actual 1urvey?
10 Q Yes.
11 A No.
12 Q And did you bear Mr. Clow'• tHtimony at the
13 laat hearing?
Yea.
15 Q Do you haw any ruaon to argue that there 1a a
11 piece of ground belonging to the Balla at that loatioa, with
11 Mr. Clow'• tHtillon7? Do you i..,,. 8ll)' r•eon to arpe that!
11 A l can't ,,.rif)' it either.
II 0 But you can 't argue with it becaue 70'& ba~'t
21 A t do not k:nov what you call tbe thnad of tba
12 river to know where it la .
Q
II
You don't know , fine . le ... cad .
MR . MT1UCX 1 t baYe ao furt!wr que1t1ou .
(Witneaa •xcuaed .)
lllN1 CtarJle H,att
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MR. LEE: That conclude• my Exhibit• and so fort
MR. MYRICK: I will recall Mr. Clow .
WHEREUPON,
BRADLEY H. CLOW
6 called aa a witneas for examination, being firat duly avorn to
7 atate the whole truth, teatified on bla oath aa follova:
8
1 BY HR.. MYllICK:
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State your name and addraH, pl .. ae .
Bradley H. Clow, 11428 Veat 17th Place, Lakewood
Mr. Clow, have you since the last hearing re
13 to the location where you -de the survey that you. testified to
14 at the last baaringt
11
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Yea.
And do you know who baa actual poHeadon of the
17 roperty vbicb you have described on Objector' a Ezhibit 1'o. 15,
18 froa your aurTey, which is tbe red line of the thread of the
It atreac, thia portion owr to thia red U.na, do you. know vbo baa
IO tual po•HHion of that property at thla timet
21 A YH . Well, Paul Van Vink le oms it, but the
22 i .... , be ha• it fenc d ad locked ad he bu total pouenion
23 t all that property .
Q
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le he oi.ni the pnpertyt
Land fill ad ainina operation, ,. ••
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Q Now, I ask you to come to the City Exhibit 7, a
2 would you take your map and would you take a--do you have a
3 colored pen here?
• (Diacusaion off the record.)
s Q 'nlia is a blue crayon. can you, Mr. Clow, on
6 that map, and I know you can't do this exactly, but can you
7 ahov the Council approximately where the thread of the atream
I would be on City'• Exhibit 7, would you mark it in with the
• blue crayon, please, •• to the boundaries of the Week•' propert ?
10 A Well, the river baa changed
11 photograph, but that'• approximately.
12 Q Would you put that line in real heavy, becauae
13 it'• awfully hard to aee that blue on blue there.
14 (WitneH coapU.ed.)
IS 0 All right, that'• f1ne. Would you put between
II tba blue Una and the red line as you heft drawn tt, the Week•'
17 property as you aurveyed it?
11
It
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at would
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cJ within t
Becv.en the rad ad the bluet
TH.
Yell, the blue on this la the Weeks ' boundary .
So all of the blue line to t north and to the
Weeks' property. Would you wit• that 1n, pl ... •
Well, thon la a Uait in here.
All ri•ht, juat 1uofar as within the red line
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(Witneae complied.)
2
Q You have aurveyed that property; 1a that correct
3
A That's correct.
• Q And you have been out at the scene how recently
s to see who bad actual poueuion and who was mining that proper y?
Ii A I vaa there laat Friday.
7 Q And did you aurv.y the property for the reaaon
1 for thma to tranafer the pr0perty and sell it?
• A Yea. And I might add that thia land fill
IO operation hare waa in the procHa, at the time of thia pbotogr h,
II and that this baa changed, all of thia baa changed. And that's
12 the reaaon the river ia now onr here.
13 Q And there'• alao a corner of a piece of ground
14 vi th a red -rk right in here between the red and blue there.
IS Who ovna that piece of property?
II A
17 apparently--
II
Well, froa the evidence that I bav• •e•, it'•
HR. LEE : Well now, I'a goiq to object to the
11 aurveyor starting to COllllellt on the nidence ae eucb . It -.111M141
ID like a logal concbaeion the way ha'• pbra11Dg lt .
21 Of coure , I know it '• a wry liberal tter we
12 are ha~ here , w are ha'ri.Qg tbe 8\lrf9yor 1 .. concluaioaa
a aa to ow.rehip and eo forth. But t think a little tter
u foundation ht to be explained than that.
IS • MT'!UCIC 1 l will lay a little bettn' fou.ndat
!lleH c • .,,. H1au
Cef'ttt••41 ...,...__ M
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However, if Mr. Waggoner waa testifying ea to daeda h•'• seen
2
and know nothing about it, it wouldn't appear that h out of
3 line •
• Q (By Mr. Myrick) Ia there a portion between a
s piece of ground in here, •• you have testified before, end ••
1
vaa teatitied before by Mr. Hall that he owna it, which waa
7
preaented at the laat hearing; about what size piece of ground
I ia that?
I A Oh, approximately 2,000 equare feet, 3,000 aquar
lO feet.
11 Q And thia ia not, the annexation line doaa not
12 follow the thread of the stream at that location?
13 A No, it does not.
1• MR. MYRICI: I have no further quaationa.
15 EXAMINATION
11 T MR. LEE:
17 0 Well, jun to be clear then, Mr. Clow, aKain I
11 think you teatified previously that the thread of the stream
11 a you .. re eurveyi~ and ••aurlng it to get thia line waa the
IO peat channel in the 'riwr ; ian't that conectT
21 A Tea.
22 Q Whetlwr it happened to be 1n the middle of the
23 tream or owr to the aide of the •trUlll didn't ll&ke any
fference , aa loo~ aa it •• the deepest cbanneU
IS The center of the deepest channel .
ti • C•Mhr H1•11 c......... ....._. ...
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Q Did you make •ounding• all the way through there
2 to determine that?
3 A Yea.
' Q Nov then, •• I under•tand your teatlmony, you ar
5 in fact teetifying that Mn. Weelta ovna a condderable portion
1 of land and water that h included within the Peter Jtievit deed
7 ia that correct?
I A Land, yea. Water, no. That belong• to the •tat
t of Colorado.
10 Q All right, 'ftry good. Row about the •oil under-
11 ath? Who doe• that belong to?
12 A That belong• to Mn. Week.a.
13 Q It does, okay . Then H I underatand your te.c ny,
It juet ao w are •ur•, I' o pointing out here the annexation
15 boundary with the red, which I beliew wa• tHtified to that
11 that line wa• obtained by the Peter Uewit deed of 1951 .
17 Prom there, over to your U.na that you have
11 drawn, you are tHtifying Mr'•. Week.a or ber euoc:eaeor in effect
It • that land, and not Peter IC.iewitt
IO A YH .
II Q And your bHh for that h by the detendnatlon
12 t th• thrud of tbe river; b that correct!
A Ye1 .
u Q In ot:Mr vord1, you W're told to go out aftd
1$ urny and find the thread of the rt.er, md tbat' 1 when Mr'•. • •
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eek8 owned to?
A
Q
A
Yea.
Who told you that, by the way?
Thia camo from the Diatrlct Court or State
2S. 1
s Supreme Court decbion.
6 Q They didn't tell you anything, did they?
7 A The decialon told -that.
• Q You read the decidonT
• A Yee.
10 Q Are JOU a lawyer, air?
II A No.
12 Q Nov, you aleo teetified that the etrean and the
13 thr .. d of the etreaza itHlf--.. ll, the etrUlll itaelf le cba~ed
1' becaue there'• been a lot of men-..de ectlTity in here. Vben
IS did that etartT
II
17
II
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Q
A
The .-n-•de activity?
Yee.
Well, accordiq to tbia pbotoKrapb, prior to tb1
11 boto«raph , because it'• under operatioll right here now.
ID Q Okay, fine . So aa I underatand your tHtimony
21 than, the thread of the •tree would haw c~ becaue• of t
n activity do"'1 there ; 1• that correct!
A TH.
HR. LEE : Okay, I ha~ no further queetione .
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EXAKIRATIOR
2 Y HR. MYRICK:
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Q Ia there any queetion in 70ur mind of vho baa
oeeeeeion of that property and who i• mining it at thi• time?
A No.
6 HR. MYRICK: Nothing further.
1
I BT MR . LEE:
I Q Do 70u know how lOQR they ha,,. been in poaHHi T
10 A Well, my firet contact on the ground vaa apprOJt-
11 1-cely the 15th of Decaiber of lut year. Prior to that, I
12 don't know.
13 Q All ri!'bt, fine. And all of 70ur tHtiJlony abou
14 the thread of tbe etrua, ie it not, ie a• of your aurvey of
IS December of 1973?
11 A That'• correct.
11
II '?U••tiona.
19
HR. LE!: Okay, fine. I haw DO further
HR. MTalCZ: I haw DO further queationa and no
ao further evidence .
21 HR. L!!: I ~· that concludee c,,.ryth~.
22 TR! ~TO Would you U.lce to apeakt
HR. MT'lICZ : I• ~1.Q to .-ak until about
(Dt cuHion off the ncord.)
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2 KayorT
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7 fully
MR. MYRICK: Do you want me to go firat, Mr.
1 will try to be short.
THE MAYOR : All right, Mr. Myrick.
(Dhcuaaion off the record.)
MR. MYRICK: Mr. Ma,or and Council, baalcally
indicated at th• •tart, tbia matter ia, I think, now
aubmitted tdth all of the evidence, which certainly far
1 fuller bearing• we have had before, and with tbe evidence befor
• the full Council at thh time, I ... rely wiah to point out the
lO reaaou that I feel that the annexation h taproper and that it
ll abould not take place, and the le~al objectlona that will be
12 de thereto , and the aignificance of what I feel 8Cllle of the
13 !shibita which are being introduced in my ca .. in chief, and
14 the r ... on for the introduction.
15 I think it'• quite clear, in8ofar aa the W..ke'
ll property h caacemed, we t .. 1 wry definitely that certainly
17 the map v.1 incorrect. n. riwr channel h not a1 indicated
11 on cha .. p, and that certainly the \leek•' property ha• been
11 split. You do not haft peftliaaion froa Mre. Veeka. A• a ... tte
IO of fact, JOU ban a protHt from her in regard to that. She
21 ,,., the OWIMlr of the property at that title, •inc• tranaferred t
n two other people.
'n'9 laDa thinr, h true about tba Hall property.
M Mr. Mall'• property, although there bu bean 909I of it taken
• by Mr•. V.eke by accretion, he •till ba1 a piKe of property on
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28. 11
the other aide of the ri'ftr which joina hh property, that va•
2
•Plit in the taking. 'nlat' a alao true to two other pieces of
3
roperty owned by 'Hr. Hall , and the deed• are before you .
• And that from Mr. Sample, and from Mr. Hunter,
5 and both of thoH propertiee are being eplit.
I
., And in addition to that, if the 111eaeurement va•
de directly without •pllttinR tbe propertiee, but in fact
1 going around Mr. Hall'• property ae it ebould haw been mea•u.re ,
I it h only 65 percent, 65 and acme percentage contiguoue, and
10 there h no arg\ment about that.
II Mr. Clow teetified definitely at what that a.oun
12 • at tbe la•t hearing, and Mr. Waggoner clf.dn't .,,_ ... fit
13 to ~e it.
•• Mow, tboee thinga are of couree illportant. tn
1$ addition to that, the rec~ltloa 1')' Council when they wnt out
11 to Hr. Rall and attempted to get a, tbat tiM of the firat
17 anna.ation, t bell.,,. in 1970 or '71, .....,,_r thb ,... fint
11 attellptad, and they att ... ted to ~t Mr. llall to alp a coneent
19 .tdch be refused. A copy of that coueat hu been inttoduced
IO and wa never ligDed .
21 >.. a .. ct.er of fact ,
n te1ted, .. .. the ocher le
11 he• al"9ya pro-
repreent .
1 a petition fil d .etch i• in ..tdeoc
u that vu tiled !ore t Council for a portf.oD . Tbac portiOll
11 on the wet-band el of t ·-a.cue• • t ... t -or tbe
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at aide of the railroad tracks on that portion, the so-called
2
claw area that allows all the squiggly linea, that allova you
3
to go out •o far in the annexation . That petition haa never
' been acted upon .
s
The law h quite clear, and th• law atatea that
1
you can take no action, insofar a• annexations are concerned,
7 til that petition baa been acted upon. There baa been
1 absolutely no acticn by Council in regard to that petition,
I r the anneJtation of that portion of lt, prior to, which va•
10 filed prior to the initiation of thla armezation.
11 Basically the laauaa, if we are talking about
lZ the legal h•u.•, I think in fact, and tba other -P• that we
13 pr•••nt~ lHt tS.-, there la a disparity a• to where the rail-
14 road trac:U were the boundary, the ea•t•rn boundary of tba
as city of !nglewood--or excuae -· the WHterly boundary of the
11 city of !ngl...ood ; and the euterly boundary of the annexed
17 area along the railrOAd tracka, the county ..., and tba portion
ll of .. P coataiDecl in the little booklat dieqree with tba map t
ll that apparent l y ha• become the official map . Vbich 1a correct .1
IO l don't kuiriw .
21 •Plit . At t
I do feel that the r a ilroad 1n effect la beln« I
last !waring there wee t ens-, froa, l beliaw.
22 Mrs . ltolNna t.b.a t a ha had no idaa .._t tbe UHtMd 'Wl lua tlon
23 of the railroad property was .
l ha introduce d a tea certif ica te •bowl
IS there a re in exceu of $200, 000 . 00, 1n ArepQoe County .
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Now, these things were not before the Council
2
the last hearing, la why the Court haa sent it back to
3
Council on two occasions to make determinations and to make
• determinations about the entire obj ectiona which have been made
5 throughout the entire case.
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We have objected throughout that a proper
tiguity could not be found without a real survey being made .
• re it'• a very close situation in this area, obviously in
1
the one area where there has been a survey made, the map la
10 Tha map apparently, aa far aa the .. p that sbova the
11 iver aa the boundary line between tha property h many many
12 according to the evidence, many many years out of date
13 and h not the proper boundary.
l• And to aH\89 that you have your conti~ity, vi
IS a\IX'irey--if there were no question about it, a su.rv.y
11 ld not be naceHary. But 1lhen there h a wry aerioue
17 question, we feel that the surwy was in fact mcHeary and it
11 has not been done . I
11 T'ne testimony h clear throu~bout, .,,.n through
IO Hr . Wa OIMlr, that the aurwy doean' t eftD co.e close . Thare' s 1
ti s J\m.dr and 1a.e , around a hundred fHt, t 1titied to,
Q that eta around this •p, it'• Just not then.
And bade.ally I think .. are in a situation
t the peopla in tho •NMu<l area do not vhh to be annaed.
y certainly fHl better about it after the ~ that -.
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done for them and eo forth than they did at the otb9r time.
2 But navertheleH , they •till reeiet, they do not vieh to be
3 annexed.
31.
I think the coneideration• of tbeee people by
s Council 1bould in fact be conddered. I think the petition
1 that tbb preeented to it, it appear• to -that there h ~oing
7 to be probl81U, that reaeone for the requeeting at this time
1 for water and eewar eervicee, becauee the etatute provide•
1 that if in three yeare you don't provide thm, that any five
10 acre tract can r-.,ve tb.emeelve• froa tbe City.
11 And of couree we are ••tting up a record on that
12 at thh tillia for our client• in order to later withdraw. And
13 that portion b clear .
14 And eo badcally I don't think that the area
IS fit• the purpoae and the policy of the •citation law it
11 •tarte in in the firet portion of that anaaation· lav, it
17 doeen ' t fit . You' r e talJd.q about wry little ia8ofar ae
11 bueineH h concerned i n tbe entire area . If you _.e talklal
11 about annedns the f ront bueiDeH area , it '• an urben activity ,
IO it 111&k.aa e OMe aeue. But JOU' re tallti.nft a bout a nnmd.ag anaa ,
2l until you •tarted tba aanezation , JOU're anneal non-confot"ai
22 u.aH , mining . There wae no •fnt:aa that could be done within
23 the City. There ,... no activity e~ for the ao-cal.194 junk
u yard •, until tAi• town approv.d cboH ectlYiti••.
And that'• wry llpifS.cant to tM •• people,
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32. II
1 bacauaa in fact you have not made them non-conforming uaea.
2 And certainly 1 think that inaofar aa any litigation or anythi
3 in reRard to the zoning or taking their property without due
• proc••• baa in fact been corrected, and I wiah to thank Counci ,
5 certainly on my behalf, and the behalf of oy client•, for that
6 conaldaration that ,... dona.
7 But 1 would again indeed implore you to look at
I it aerioualy, and whether you really f .. 1 or whether .. juat
I into a lOllg baHle that aomebody wanta to win, aa oppoaad to
10 whether thia ia really either the beat for th• city of Englawoo ,
11 and certainly to a peraon the people in the other area do not
12 faal it'• beat for tbaa. There baa not been one peraon in any
13 one of theH bearing• that bu ..ar ca.. forward and aaid,
i. "Tea,
15 And I think in doing ,our job •• Couacti-n,
11 and couiderinK it with real ~ht, t WllNlcl illlplore '°" to
17 take that into condderation to -lte a real determination, if
11 you r .. 1 that lt doe• in fact ba,,. to be done or that you feel
II that you are doiAg • Hrvlce to the City or to tbeH people in
ID ao dolna under tile circ\BateacH that'• been pr .. entecl. Thank
21 you.
HR. ID : Well, l f .. l reuonably certain I
23 will rec.el DO ..S.HioNI of DOlH of joy -.a t -finlabed
M with alna. Aacl I si not aura exactly of wbat the poaltlon of
15 CJ••lf la here. t think perhap• I aa bet.Da .-de a ct.ril • •
, .... C•111»1 H1ett
C.n ••••• ............
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33. 'I
adwcate in a certain way.
2 I do not wiab to make any statement in connecti
3 with the policies of the City Council. Mr. HJrick has indicat
• to you that he feels that certain policiH of the Council in
5 connection with the annexation procedure should be conddered
I very Hrioualy, and I gueaa I am in agreemnt with h1a on that
1 from the standpoint that I'm aure that you, as a Council, will
1 do what you think 1a best for the intereet of the City and
1 everyone concemed •• to the annexation that baa taken place.
10 And whether or not you reject it or wiah to
11 proceed with it b not really in the ball park for .. speaking
12 tonight. I think that I am here eHentially to try to produce
13 •• much before you for your conaideration, pursuant to the
•• Diatrict Court'• order.
15 And I would like to epeak to 90ll8 of the conflic a
11 in the teetlmoay as I ... it. llov, there b no doubt a conflic
17 abte &1 to the percentage of contiguity •• between Mr.
11 Waggoner and the aurwyor, who Mde 9c.a --~t•, Mying
11 that it ,.. i ... than two-third•, and Mr. 1lqgoDer indicating
IO it ._. 69.88 perc.ait. I think ha did r .... aure . He did
I I nlnve•ti ate ad be hu •till COM up ln hle tHtt.ony tonlftbt
22 with the ..,. percenta~ fiaur •
It'• up to the Co\mell to d.cide wMtber or DOC
u in fact fror1 the tHtllllony that'• been praaented, do you haft
• re than tvo•thirda or don't you, becauae that'• -.t are
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1 proceeding under, that the Hction of the annn.ation law that
2 allowa an annexation if you have tbat , either full contiguity
3 or aurrounding or more than two -third• contiguity.
' We feel that the teattaony b there that if you
5 viah to accept it, that there ia aufficient contiguity , per-
6 centage-wbe, to auatain the annexation. Ve can get into
1 matter• of legal argument, vhich are a little difficult, but
1 nevertbeleH they have been brought up in front of you .
• My recollection baa indicated that the petition
10 01l the claw area , a• be nm.ed the area, M. never bad any
11 action 01l it. And I think if I had the atatute• in fr01lt of
12 -, I can abov you vbere even though there .. , be a petition
13 of that nature for an electi01l , vith no action of any kind on
1' it, where there b more than two-third• contiguity, that
15 particular Hction of the atatute take• precedmce, and you
11 bave the right to proc .. d without haYiAg to act upon the
17 petitioa .
II
11 annexation, that we are ill KOOd legal poattioe to netain our
to arg~t ill that conniection.
21 t1\e $200 ,000 .00 or .," the $200,000 .00
n ... H ad ftluetion ta concerned with a ll o f the property of
13 the r e UroaJ in tbe county . Again , can get into a l e pl
M t owr tber a n talk.iJ'I a bout tha particular
15 area or land of a property owner . Dou that .... _.. tbaa • •
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1 200,000 or are we talking about if be owne land ela9Vbere that'
2 not subject to the annexation. are they talking about that as
3 the necessary ingredientT
• Ve think again that they are talking about the
5 specific land that ia to be annexed, and that: certainly ian' t
6 more tha any 200,000 aHeesed valuation, according to the tax
7 receipt• and eo forth that have been submitted by Mr. Myrick.
I Again, if you wish to proceed with the annexati
I w feel that w are in ~d poeition to sutain such a le~al
10 argument. Again, that'• something for the Court, not for you,
ll really.
12 There h nothing in the •tatuta that iDdicatH
13 that a survey llU8t be made, a• long H the detenainatioGa are
lt reasonable, that the determinations of good coamo senae to
15 tbem and good logic and good ... au~t, that'• all that'•
11 needed.
17 Ona other thinr,. I ball ... there was tHtimony
11 by Hr. Waggoner at the la•t beering oa lepC.-.r 30th tbat the
11 railroad boundary and the !DA18'f00d boundary .. re toget:Mr,
ao they ware conti~. There is no space ill between, although
21 tMra 1a • aap by the councy and another U ttl• p that •--d
22 to indicat that there -1.gbt be • dhcrepaney . And I think
D Mr . Waggonar eorrec tad that •ta "°· thU h t'nae
M liJMt and tho boundary line of u.ood ~• r t
a point with tbll raib:oad, eo t there b eo Unla left: • •
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1 in between. That '• before you, too.
2 So what are we really getting it boiled down toT
3 Ve are talking about diviaion of property inside and outaide
• of th• City, without th• written cou.ent of the owner•, which
5 1a a raquir-.nt under th• etatute. And apparently ,,. 've even
1 gotten it boiled down to, for the moet part two main people.
7 One, Ro .. V.eka, and two the Hall property in connection with
I that area, adjacent to the RoH Ve.U property.
I Row, aa a lavyar, it'• kind of a nightmare to
10 .. to be here and driven ap a wall and bearing •~yon talki
11 in teru of legal cODClueiona •• to cnmerehip of the property,
12 and parbapa ~en for our dietinguiebed Director of P\&blic Vork.e
13 to be doing the •-tbiag . It 1a a legal queation . "lbare are
14 daed8 before you that llldlcate certain CNDerehip , and there 1e
15 a aurvey that '• been aade with a Supr-Court decielon in
11 regard to the Hall -Vaake o.nerehlp that ears that Mre . Veake
17 owned to the thread of the eueaa .
II
11 that tha thread o f th9 •treaa 1a the daeput part of the
111 cbumel of the etr ... , ao -tter where it -Y be located ; that
11 1•, awn up agai.net a bank or out in the alddla of a e tr ...
22 or •1 w ryln de , in between .
23 t took occadon ju.et brte ny to do a Uttl•
a. chacld.og in coaoectioo with bo\mdarle• and thread of a •tta•,
15 ud I nad to you froa 12 "'-· Jur . 2, S. 19 on tbe bcMMiarlH ,
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what conatitutes thread of the stream or high water mark.
2 The thread of a stream, which frequently is the
3 boundary line between owners of land bordering on either side
• of the water course bas generally been bald to be the middle
5 line between the shores, irrespective of the depth of the
6 channel, making it the natural and ordinary stage of the water
7 as its -di\D height, neither nollen by freshette nor diainis d
I by drought .
• So blllediately vben ve have a surveyor indicati
10 what in effect is probably going to be a legal question as to
11 vbat is the thread of the strum, I He a conflict right off
12 the bat. Vall, he HY• it•• the deepeet point of the channel
13 and I'w got some lav in Aa. Jur. bare that says lt'• the aiddl
I• of the 1tream, in:eepectlve of the depth. So that'• mnber one
15 I think this te1tt.ony here, and it'• fair for
II you to conclude that apparently the South Platte Unr from
17 time to tine changH its courae. And apparently it'• changed
II its courH not only by accretion and relictioo, 11hich is the
II natural aAd at.et i.navitable rHult of the flov of any stream,
ID but it has cbaged it• CO\&Z'H from MA-.. de actirlty . And
21 a aln haft lav--1 '• not ping to cite lt becaue t dldn' t
12 bd it wf.th IM, you' re talk.log about t thr .. d of a
13 etr ... ud the boundary being at the thrud of a etr , vber r
14 t t aay be, that if lt ha• c.-about thro h accretion and
IS reUctloa, t t' • oae thing . Tbn you are adjoin!Qg ower1htpe • •
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to the thread of the stream which in my book ia probably the
2 middle.
3 But if a audden emergency, a flooding, like our
• floods in 1965, we all knew the diaaatroua flood then undoubte y
5 changed the channel. Or if we have a man-made situation which
1 changea the natural flow of the channel and thereby changes
7 the thread of the atraam, then the doctrine of accretion and
1 rellction in eatabliahing a boundary aa that thread of the
I atn-no lODR•r applies under the law.
10 I'm being forced into a legal ary,lmMIDt bare,
11 whether we like it or not.
12 So ln effect then you are being aaked to date
13 that the loae Weeka' property WH divided, eTen though you do
H not know exactly vb9re the thread of the atream la. And aa of
IS even a partial reliction of aoma thread of tha atr .... you
II don't know vbere it 1a beyond or behind December of 1973. Tou
17 are belq aaked to datend.ne that that'• lloH Veeka' property
II and not Peter ltievit' • property, daapite the fact that there la
11 a dead of record to Peter Uevlt in -•ta and hounda in 1951 ,
IO and a title coaaltoent putting t.M.eelvea on the line aaying
11 that Peter l.lewf.t ta the OWl'.Mlr of that land, and not loH
n V.eka . There ta no exception in the title ~tmnt. That
u land belonga to Peter lievit, according to the deed and the
,. tltl c itment in connection with that deed .
• Again, what about t Rall land! There ta a • •
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1 deed of record that ••tabliahaa the quarter aection line ••
2 being the line that meeta the Kievit line. They've got to me• •
3 The Kiewit deed comae down to the quarter aection line. and the
• Hall property deed comea acroH on the quarter aection Une.
5 They•,,. got to meet, becauae the Hall property go•• beyond the
I meeting point.
7 So you are being ••Iced to aay that the Hall
I property baa been divided, on the buia of a atat....at by a
I aurwyor aa to the thread ot the •tream of 2,000 aquare feet
10 of land 40 to SO feet diatanca . That channel can cbans• plen
11
12 boundary u ahovn on thia -p detemined the wy it•• by
13 daeda 1 lecauae that'• tbia only practical wy it could be dona,
14 ev.n looking at it, to my--end it'• juat an .,..ball altuation--
15 but to • it loob like the line that .... ta with the Ball and
11 lievit property meeta in the aiddla of the atr.... '111at' a the
17 thread. Iau't that a nice coincidence, it .... t• there.
11 I'• not trying to •usae•t to JOU that it waa
11 done that way on purpo••. I don't think the thread of the
ao acre.a waa ev.n thought of at the time. But here you are beinJ;
11 ••be! to ••1 1>0. there ii a dtvhion of property, becauH of
22 a aurwyor' • eurvey of 'Dacmber, 1973, with hie concluaion of
13 ~t t.bA th.read of the atreaa ia on ~ Rall property, aa agai t
M two doeda of record with a title ~tmient on ooe of thell.
15 aaybg vbo CNll9 the property. And if 7°" bellfte tho••· the • •
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latter two, there's been no division of any property inside an
2 outside the City. So we didn't need anybody'• written consent
3 under the circumstances .
• And not only that, but the Hall-Weeks Supreme
5 Court case, which was just those two parties involved euentia y
1 a• to the land and the ownership, that determination, 70u are
7 being asked to spread acroaa and say that .ven thou~h you are
I not a court of law, Peter ltiewit doesn't own that land. And
I Peter ltiewit vae never a party to any l .... uit by Rose Week•
10 to Htabliah her claim, her prior claim or her superior claim
u over that land. '111are i• no case of record on that whatsoever.
12 And if JOU will note, in any of the conveyances
13 by Mrs. Weeka to the subsequent o.uarehip, she may have had the
14 •UrftJOr do her aurwy for her, but that survey on tha thread
H of tha etreaa vu not included in any deed aha gaw to ec.ebody
11 else, which aha would warrant to defend. She h .. rt enough
17 not to do that.
11 So aKain, it h tbe City'• poeition that there
11 bu been no division of land, there has beea a proper UH of
ao daeca to detereine bo\DldariH, and the only poHible practical
21 vay, reasonable way it could be done.
22 Mr. Myrick has indicated that the Hall, Sample
Z3 area, vbich I'c sure JOU know h a little rectangle , and the
u Hall, Hunter area , which h another little rectaQIUlar area ,
u vhich va1 convey d so that the conveyance •hov8 tha land outei • •
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the City on these two pieces, vhicb bad previoualy been inaide,
2 and thereby divided, because Hall now owna in and out; those
3 deeda were dated, signed or acknowledged and recorded after the
• resolution of intent to annex that ... paaaed by the City
5 Council of Englewood.
I And the statute aays, 1 believe, and ve feel tba
7 v. are in good legal position to auatain it, that the date of
1 the r .. olution of intent to annex ia the controllift8 date.
I Nov, 1 read a brief by Mr. Gollub, I believe
10 ba'a the one that prepared it, or in conjunction with Mr.
11 Myrick, that ta attmnpting to indicate to the contrary legally.
12 It's a le~al question, and we feel that we are in ROOd shape
13 in connection with thoH deeda and tboae conveyancH chat
It occurred after.
15 And there ia a good, coamm eenee r .. aon for cha ,
11 becauae any tiae a City wiabad to asmaa any property of thia
17 nature, if an OWDer vbo did not want to be ill the City wiabed
11 to defeat it, all be had to do 1a to wit until the City p .. aed
11 ita roaolution with ita boundary lines, wa comd.tted, and
m then so.a tiaa later tu.ru around and comrey a piece of it out
11 of the City and aay, ''Well, you can't annex aow becaUM 1 never
22 gave you written conaent. And you've got to U.. it ."
So t mun, it' a kind of ridiculo..ae . It'• an
u absurd ar~t , 1 feel , and 1 think w are ill aood legal
as poaition to &\19tain that •
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So in conclu•ion, 1 don't wiah to belabor the
2 matter, 1 think all of it ia in front of you. But in conclusio ,
3 it'• thh City Council'• determination on what policy you want
' to puraue. If you certainly don't want to puraue the policy
5 of annaution of this area, then fine, lt' e all over with. But
1 1 feel aa a repreaentative of the City, vlth the obligation I
7 have to puraue the annexation to ita bitter conclusion, wbatev
I it my be, aa it now atada that w are in a good podtion to
1 auatain the annexation. We feel that you have sufficient
10 information in front of you to ..U that deteminatlon factuall ,
11 which la what the Diatrict Court baa aabd and directed in fact
12 and ordered you to do. Thank JOU•
13 HR. Mftlat: If 1 may take juet a mment.
1' Badcally 1 think the probl• vlth Mr. Lee'• argument, lnaofar
15 aa particularly the Rall propsty •• la abown on thl• map a•
11 beina right here, the teatt.my 1a that the northaut corner
17 1a right hare. It'• not thi• deed that w are concerned about.
11 It' 1 the other deed . The tu certificate la before you that
19 ahow tM Rall property to be completely "P here, like the
IO original map abowd . And that'• in tM northea1t , nortbea•t
21 quarter . It ilaa nothln to do with t other piece of Rall
22 property that it 1a aeparated from .
And thare la no queatioll that that la ln fact
u bein& aeparated , and it la in the nortbeut quarter . There are
tax certlflcat•• for the year p~ to thl• tiae . Tbere are
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1 deada and there 1a the Supr .. Court dacbion, and it b in
2 the northaeet, northeast quarter.
3 And this argument that it comae dovo and meet•
• another piece of the Hall property doean' t mea it didn't epli
5 the other piece away, and it in fact did.
I I'd aleo like to point out, in conaidering
7 certainly it'• a factual eituation that you haw to conaider,
I but you alao have to follow tb• atatuta, and that'• counael'•
1 duty. I would point out 139-21-17 priority of annexation
10 procaadinga. And it aaya, ''When tba City Council recaiwa a
11 petition for annexation puraumit to 139-21-6(1) or 139-21-6(2)
12 no other procaedi~• aball be ca need or proaecuted for the
13 enn.exation or incorporatlon of tba .... territory or any part
1• thereof, and no other proc .. ding aball be c~ed or proHcu d
15 for the crution of any quad--1.clpal corporation in the
11 .-territory or ay part tbareof, until tha queaticm of
17 annmd.q auch territory purauant to nch petition 1hall have
II bean finally determined." And that'• -.t the 1tatut• eay1.
II It'• not what Mr. Lee aaid it ••Y•·
ID It 1aid apecifically that JOU can't go forwrd
21 until you have acted on that fint petition, and it'• juat the
12 clear, and l refer JOU to that Section.
l2 l think tha declaration of purpo .. on 139-21-62
N to di1tr1buta fairly and equitablJ tha coat of municipal Mrvi •
t.boee paraona that beMtit re, atmd iamicipal
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gov.rnaent, and certain ••rvic•• •11g1bl• to area• to form a
2 part of the whole coammlty. There ln't any quaetion that
3
water and ••rvice can't be provided to the•• people in any
• reaeonable length of time vlthin the thrM 19ar• that vlll
5 allow thmD to de-annex, and that'• in 139-21-18, dieconnection
1 of territory for failure to eerw.
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"Any tract or contlguoue encte of land •Kll:'•Ra
fiYe acree or 110re located on the boundary of the City u the
tS.. of the dbconnectlon .ction, my, three OT more ,.are aft
the annexation petition for dbconnection froa the mun1c1pal1
if •ucb amidpality doe• not, upon dm a.cl, proride the ....
12 Clty ••rvic•• on the .-general tem. and conditiom H the
13 reet of the City recelwe ."
I think to that .,.clal conditlon of bn1ng to,
15 I think it ia a epeclal CODdltlon, you ba-.. bonde that tbeee
11 people are 80in« to have to pay, they are K8Ural obU.ptlon
17 bonde in nc•H of tbr .. aillion dollan that•• go lag on their
11 property. I think that b in f.ct a epeclal condition prohlbl
11 by tba etatute vithoat an election. And t thlak certainly tba
ID election baa not been that'•.
21 It'• another legal queatlon aio, becauee it
12 certainly doeen' t etate 1D tbe etatut& that tbat b a epeclal
a condition, but it doe• talk about epeclal c-41.tlou.
I thlnk the •tatut• ta cl..r, how.-, luofar
IS ae '9hat you bad to do with tba firtt petition . Then baa be-.
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I bean no action taken on it.
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THE HA.TOR : Thank you , Mr . Myrick.
MR . HTR.Icr.: '11\ank you, air. I appreciate it •
MR. HANH: I 'd like to 90Ve that ve cloae the
5 public bearing.
I MR . SOVERN: Second the mtion .
7 THE MAYOR : 'ftlera 1a no dbcuaaion nec•Hary
I on the clodng of the hearing. loll call, pl•H .
• (WMreupon, the vote ,... unant.oualy in favor
10 of tba motion .)
II THE MAYOR : We will now have a ten alauta receH.
12 We baw othar buaineH to CODduct, eo w will come back after
13 ten mi.nut••.
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15 concluded at
II 1974.)
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M
ts
(\lbaraupon , thi• portlon of the proc .. dln« ....
the hour of 8 :3 0 p .a . on the 14th day of October,
EU1nCw•H1eu ,..,,,_-........ ---
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• I , EILEEN awuzs HYATT, Certified Shorthand
I Reporter within Colorado, do hereby certify that I ,.. preaent
I at and reported the City Council bearing of the City of
1 !n"lnood, et 1400 South !leti, Englewood, Colorado, on
I October 14, 1974 ; that the foregola« 45 pagH contain ell of
1 the proceeding• had at that t1-pertainiag to tbe beariDR
10 vi thin, and the •-1a true and corrac t .
ll IN VITRESS 'l'HER!OF , I have hereunto Ht my
12 hand thia Plr'-~ ~ ~fd.,, '-'I /f7'Y.
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RESOLUTION NO . ---· SERIES OF 1974
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
MUNICIPAL JUDGE, ASSOCIATE JUDGES, CITY ATTORNEY, ASSISTANT CITY
ATTORNEY, AND DEPUTY CITY ATTORNEY.
WHEREAS, the City Council has by Resolution No. 48,
Series of 1974, amended the 1975 annual budget and adopted the
same by Ordinance; and
WHEREAS, said City Council has by Ordinance, passed
and approved the 1974 appropriation for all municipal purposes
including annual salaries for Council appointees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
1. That consistent with the budget heretofore
approved and the apporpriations to the general fund of the
City relative to salaries, the following annual salaries are
hereby established for appointees of City Council for the
calendar year 1975 to-wit:
City Manager
Municipal Judge
Associate Judges
City Attorney
As s is ant City Att orney
Depu t y City Att orney
ADOPT~D AND APPROVED his ---day or ------· 1 971l .
Mayor
A ST:
ex orf t c o
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I, Karl Nollenberger , ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, hereby certify that the
above is a true, accurate, and complete copy of Resolution
No . , Series of 1974.
ex officio City Clerk-Treasurer
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RESOLUTION NO. --• SERIES OF 1974
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
MU NICIPAL JUDGE, ASSOCIATE JUDGES, CI TY ATTORNEY, ASSI STANT CITY
ATTO RNEY, AND DEPUTY CI TY ATT ORNEY.
WHEREAS, the City Council has by Resolution No. 48,
Series of 1974, amended the 1975 annual budget and adopted the
same by Ordinance; and
WHEREAS, said City Council has by Ordinance, passed
and approved the 1974 appropriation for all municipal purposes
including annual salaries for Council appointees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
1. That consistent with the budget heretofore
approved and the apporpriations to the general fund of the
City relative to salaries, the following annual salaries are
hereby established for appointees of City Council for the
calendar year 1975 to-wit:
City Ma nager
Mu nic ipal Judge
Associate Judges
City Attorney
Ass i stant City Att orney
De put y City Att o rney
ADOPTED AND APPROVED th i s ___ d ay of ------· 1 97 4.
Ma yor
ATTEST:
ex officio c ty Cl rk-Trea1urer
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I, Karl Nollenberger, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, hereby certify that the
above is a true, accurate, and complete copy of Resolution
No. , Series of 1974.
ex officio City Clerk-Treasurer
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RESOLUTION NO. ~~• SERIES OF 1974
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
MUNICIPAL JUDGE, ASSOCIATE JUDGES, CITY ATTORNEY, ASSISTANT CITY
ATTORNEY, AND DEPUTY CITY ATTORNEY.
WHEREAS, the City Council has by Resolution No. 48,
Series of 1974, amended the 1975 annual budget and adopted the
same by Ordinance; and
WHEREAS, said City Council has by Ordinance, passed
and approved the 1974 appropriation for all municipal purposes
including annual salaries for Council appointees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
1. That consistent with the budget heretofore
approved and the apporpriations to the general fund of the
City relative to salaries, the following annual salaries are
hereby established for appointees of City Council for the
calendar year 1975 to-wit:
City Manager
Municipal Judge
Associate Judges
City Attorney
Assistant City Attorney
Deputy City Attorney
ADOPTED AND APPROVED this
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day or --~~~~-· 1974.
Mayor
A'M' T:
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I, Karl Nollenberger, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, hereby certify that the
above is a true, accurate, and complete copy of Resolution
No. , Series of 197~.
ex officio City Clerk-Treasurer
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RESOLUTION NO. ~~• SERIES OF 1974
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
MUNICIPAL JUDGE, ASSOCIATE JUDGES, CITY ATTORNEY, ASSISTANT CITY
ATTORNEY, AND DEPUTY CITY ATTORNEY.
WHEREAS, the City Council has by Resolution No . 48,
Series of 1974, amended the 1975 annual budget and adopted the
same by Ordinance; and
WHEREAS, said City Council has by Ordinance, passed
and approved the 1974 appropriation for all municipal purposes
including annual salaries for Council appointees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO:
1. That consistent with the budget heretofore
approved and the apporpriations to the general fund of the
City relative to salaries, the following annµal salaries are
hereby established for appointees of City Council for the
calendar year 1975 to-wit:
City Manager
Municipal Judge
Associate Judges
City Attorney
Assistant City Attorney
Deputy City Attorney
ADOPTED AND APP ROVE D this ~~~ day of ~~~~~-· 1974.
M yor
ATTEST :
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I, Karl Nollenberger, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, hereby certify that the
above is a true, accurate, and complete copy of Resolution
No. • Series of 1974.
ex officio City Clerk-Treasurer
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RESOUJTION NO. ,.j ---· SERIES OF 1974
RESOimION AUTHORIZING FILING OF APPLICATION WITH 'IliE ENVIRONMENI'AL
PROI'WI'.ION AGENCY , UNITED STA'IES OF AMERICA , FOR A GRAN!' UNDER THE WATER
POWJTION COm'ROL ACT , (33 U.S .C. 466 , ET sm .).
WHEREAS , urrler the terms of the Water Pollution Control Act
(33 u.s .c. 466 et . seq .), the United States of America ras authorized
the making of grants to authorize applicants to aid in the construction
of specific public projects .
NCM , THEREFORE , BE IT RESOLVED BY THE CITY COONCIL OF THE CITY
OF EOOLEWOOD , COWRAOO , as follows:
1. That Amy McCown , City Manager, is hereby authorized to
execute and file an application on beralf of the City of Englewood,
Colorado , with the United States Goverrrnent for a grant to a1d in the
construction of a chlorine contact basin to an exist~ waste treatment
plant, an:i is hereby authorized and directed to furn.ish such infonmtion
as the Environnental Protection Agency imy reasonably request in connection
with such application an:i to s.1.sri all necessary documents an:i receive ~ent .
ADOPIBD AND APPROVED THIS 2rxi day of Decenber, 1974.
MiYOr
ATmST:
ex officio ty Clerk-Treasurer
I, Karl Nollenberg , ex officio City Clerk of the Ci y of ~ewood,
Colorado , do y c 1fy that the abov am for ~ is a tru , ccura
am c le copy or R aolu 100 No. ___ , t s or 1974.
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RESOUJTION NO. _, SERIES OF 1974
RESOllJI'ION AUTHORIZING FILING OF APPLICATION WTI'H 'IliE ENVIRONMENI'AL
PROI'FX:'l'ION AGENCY, l.JNI'IE) STA'IES OF AMERICA, FOR A GRAN!' UNDER THE WATER
POLUJTION CONTROL ACT, (33 U.S.C. 466, ET~.).
WHEREAS, un:ier the terms of the Water Pollution Control Act
(33 U.S.C. 466 et. seq.), the United States of America !"as authorized
the ~ of grants to authorize applicants to aid in the construction
of specific public projects.
NGI, THEREFORE, BE rr RESOLVED BY 'IliE CITY COONCIL OF THE CITY
01'' EmLEW<XD, COLORAOO, as follows:
1. Tt-at Amy McCown, City l'Bnager, is hereby authorized to
execute aro. file an application on betalf of the City of ~l~,
Colorado, with the United States Goverrment for a grant to aid in the
ccnstruction of a chlorine contact basin t o an exist~ waste treatment
plant, ru'Xi is hereby authorize:! ru'Xi directe:i to 1\Jrn1sh such infornation
as the Environnental Protection Agen::.y may reasonably request in cormection
with such application ru'Xi to sign all necessary doctnnents aro. receive ~ent.
AOOP'IE) 00 APPROVED 'IBIS 2nd day of Decenber, 1974.
ATIBST:
ex officio City Clerk-Treasurer
I, Karl Noll , x officio City Clerk or he City of lewood ,
Colar o, do y cm-iJ'y that the bov and for ~ 1a a tru , accurate
and c 1 te copy or R solu ion No. ___ , Seri a or 1974.
oftlclO city ci
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RFSOWTI ON NO. ---· SERIFS OF 1974
RESOllJT ION AUTHORIZING FILING OF APPLICATION WTI'H 'IliE ENVIRONMENI'AL
PRCJI'ECTION AGENCY, UNITED STA'IES OF AMERICA, FOR A GRANT UNDER THE WATER
POLllJTION CO!'II'ROL ACT, (33 U.S.C. 466, El'~.).
WHEREAS, um.er the terms of the Water Pollution Control Act
(33 U.S.C. 466 et. seq.), the United States of America has authorized
the mak~ of grants to authorize applicants to aid in the construction
of specific public projects .
NCW, THEREFORE, BE rr RESOLVED BY 'IHE CITY COONCIL CF THE CITY
OF EN:>L&JCXJD, COLORAOO, as follows:
1. That Arxiy ~Cown, City Manager, is hereby authorized to
execute and file an application on behalf of the City of Englewood,
Colorado, with the United States Goverrment far a grant to aid in the
construction of a chlorine contact basin to an exist~ waste treatment
plant, and is hereby authorized and directed to furnish such info:rnation
as the Environnental Protection AgeN:.y may reasonably request in connection
with s uch application and to s~ all necessary documents and receive payment.
ADOPIID AID APPROVED THIS 2rxl day of Decsnber, 1974.
A'I'lFSI':
ex officio City Clerk-Treasurer
I, Karl Nollenberger , ex officio City Clerk of the City of E)'glewood ,
Color o, do hereby certi.!'y that the above an:1 forego~ is a true , accW'9.t
an:S c lete copy of Resolution No. ___ , Series of 1974.
x offlcio City Cl k-Treaeurer
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City Attorney's Secretary
Began Employment -1/72
7/72
1/73
2/74
1/75
7/75
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-$550,00
-$579,00 (Cost of living increase)
$796.00 (Cost of living increase)
$875.00 (Cost of living increase)
s d.
-$875.00 (NO INCREASE PROPOSED UNTIL 1/76)
Secretary Starting as Career Service Employee
Began Employment -1/72 $543.00
7 /72 -$ 28.00 (Coat of living increase)
27.00 (Merit inc rease)
$598.00
1/73 $ 54.00 (Cost of living increase)
$652.00
7/73 -$ 44.00 (Merit increase)
$696.00
1/74 ' $ 70.00 (Coat of living increase)
$766.00
7/74 $ 44.00 (M rit increase)
$810.00
1/75 $.11:..Q.Q (Coat of Uvin incr aae)
$883.00
7/75 $~ (Merit incr as )
$lli.:..QQ • •
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INTll.oMCI
MIMOUNDUM
Bernard V. Berardini , City Attorney November 25, 1 974
.aoM: Daniel E. Ramsey, Assistant City Attorney
-...eta COMPARISON OF SAIARY PROGRESSIONS
You have indicated to me informally that at last juncture Council
was tentative planning my salary as to be $14,500 per annum of
January l, 1975, instead of $15,500 as originally proposed b y you.
In so doing, Council according t o your assessment was desiring t o
treat my situation the sam as other City employees . Assuming that
such is the des ire of Council, the following analysis iscffered .
Hy emp l oyment with th City began Hay 21, 1973 , at a salary of
$12 ,000 per a nnum or $1 ,000 per month. As of J anuary 1, 1974, my
salary was raised to $13,200 per annum of $1 ,100 per month which is
still my current salary.
A com parison of my s lary progr ssion with the normal progression
of employ es und r Car er S rvice is helpful . Employees under Career
Service contemporan ously with my City tenure, without exception,
realized a salary progression which was governed by two principl s:
rec
Dec
8.
(1)
(2)
Five perc n (5 ) "st p" increase at six months and each
anniversary date therea fter;
"Cos of livingH increas on Janu ry 1 of each year as
n gotiated by the mploy es association.
to my situation as they actually
D c r l, 1973 , I would have
1, 1974, a 6.9 incr se . On
l.llcr-•e to be followed by an
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B. V. Berardini
November 2S, 1974
May 21, 1973
December 1, 1973
January 1, 1974
December 1 , 1974
January 1 , 197S
December 1, 197S
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TABLE I
Career Service
Progression
A
$1000/mo.
lOSO/mo .
1122/mo.
1178/mo .
1283/mo.
1347/mo .
Actual
B
$1000/mo.
1000/mo .
1100/mo .
1100/mo .
*1208/mo .
*1208/mo.
A-B or
c
$ 0
so
22
78
7S
139
C accumu-
lated or
D
0
0
($SO)
($242)
($320)
$114S)
*Presently projected by Council -equivalent to $14,SOO per year.
Table II shows the same comparison as Table I except your originally
proposed 197S salary for me is used.
TABU: II
A B c D
Hay 21, 1973 $1000/mo. $1000/mo. $ 0 0
December 1, 1973 lOSO/mo. 1000/mo. so 0
January 1, 1974 1122/mo. 1100/mo. 22 so
December 1, 1974 1178/mo . 1100/mo. 78 242
January 1, 1975 1283/mo. *1291/mo. -0 320
December 1, 197S 1347/mo. *1291/mo. 56 232
*Equals $1S,SOO per year as originally proposed.
Table II shows that even if my lary w re raised to $15,500 as of
January 1, 1974, one y r from now I would still be $232 behind the
Career Service proqr aa1on as to total dollar &lllOUllta. Tabl I and
Table II infonnation and more is pres nt d in graph fora in Fi<J'Ur 1.
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RESOLUTION NO. 53, SERIES OF 1974
A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING
TO ANNEXATION PROCEDURE AFTER REQUIRED HEARINGS.
WHEREAS, the City of Englewood, Colorado, commenced
proceedings for annexation of land totaling 183 acres, more or
less; and
WHEREAS, the Colorado Municipal Annexation Act of 1965, as
amended , requires the annexing municipality to hold a hearing and
make certain findings, conclusions and determinations; and
WHEREAS, due notice as required by said statute has been
given for said hearing .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO, as follows:
Section 1.
That the City Council of the City of Englewood finds,
co n c ludes, and determines that the applicable requirements of
S ec t ion 4 of the Municipal Annexation Act of 1965, as amended,
have been met and that the territory to be annexed was and is
eligible for annexation to and by the City of Englewood.
In making its conclusion and determination, the City
Council has reviewed all the evidence, testimony and exhibits
presen ed at that certain public hearing held on September 10,
1973; all exhibits offered at a hearing held in the District
Court in and for the 18th Judicial District before the Honorable
Marvin W. Foote, District Judge; and data relating to all matters
in con n ec ti o n with the ann e xation. Further, additional testimony
and e xhibit s were pre s ented to the City Council at public hearings
pursuant to a further Order of the Di s trict Court. Said hearings
occu rr e d o n September JO, 1974, and Octo b e r 14, 1974, and objector•
were present p r esen t i n g e vid e nc e aga i n st t h e a nn x a ti o n. Said
hearin s were hel d a f te r d u e notice was pu b l i s he d i n a l egal
n wspaper located in Engle wood, Colo r ado, which was alao pursua n t
to Court Order. Aa a result thereof , and in compliance wi th the
Order of he District Court , and havin resolved any con f licts in
he vid nee and data present d, the followin specific f indings
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1. That more than a two-thirds contiguity for not less than
three years exists between the pr ese nt b oundaries of Englewood,
Colorado and the then p roposed newly annexed · area; The City Council
specifically finds that there is 69.884% contiguity based upon the
testimony of the City Engineer and after review of all maps, deeds
and other data used in drawing said boundaries on an illustrated
annexation map. The City Council rejects the testimony of a sur-
veyor that there was less than two-thirds contiguity between the
limits of Englewood and the annexed area.
2. No land area of 20 acres or more with an assessed valua-
tion of $200,000.00 or more for land or structure or both for ad
valorum purposes for the year next preceding this annexation has
been annexed.
3. No additional terms or conditions are to be imposed
on the newly annexed area which would require an election.
4. No land held in identical ownership has been divided in
establishing the boundaries of territory annexed as of the date of
the Resolution to annex, which was pass ed on July 16, 1973. Council
notes that land purportedly conveyed by Dor sey Hall, Jr ., Al o nzo C.
Hall, Ho wa rd H. Hall and Eleanor Hoagland to Ha ll Land and Leasing
Co., Inc. o n July 3, 1973, by Warranty Deed dated that date and
acknowledge d and rec o rded on July 5, 1973, wa s ineffective in that
o n e Rose L. Wee ks was the true owner. The City Council re ce ived a
le tte r an d information from Rose L. Weeks by her attorney Robert
Wham o f t h e case of Hall vs. Brannan Sand and Gravel Com an , 158
Colo. 201 , 405 P2d 749, n wh ch the upreme curt ru e t at said
lan d belon ed to Rose L. Weeks and not to the conveyors or conveyeea
o f sa id Warranty Deed. Also, the District Court of the County of
Ar a pah oe , State of Colorado entered Judgment in favor of Ros e L.
We ks as o wne r of said property in the conaolidat d cases of Weeks
vs. Hall, Civil Action No. 23469, and Hall Land and Leaainl Co~c.
vs. Weeks , C ivil Action No. 23568, sa id area b inc all ha par or
the NE ! of the NE! of said Secti o n 8 lyin No rth and lest of the
channel o f he South Platte River which wa 1 o wned by Mr1. Weeki &a
o f July 16, 1973. Council further finds that the s aid Rose L.
Weeks conve yed sai d property by Warra nty Deed dated Octo ber 19,
197J, to on Paul T . Van Win kle, r ecorded Octobe r 19 , 1 97 J , in th
re cords of th Reco rd er of Arapahoe County, in Book 2180 at pa e 421.
Furthe r, th City Council no • that a Deed from o rman
Sa ple and lizabeth A. Sample to Dora y Rall, Jr., Al onzo C. Hall,
Howard H. Hall and Eleanor Hoa land, ••• ineff ctive ae of he date
of h Resolu ion to ann x because said De d was a nowledced on
July 20, 197J, and record~d July 2), 197). A Warranty De d from
Lest r W. Hunte r to Dorsey Hall , Jr., Alonzo C. Hall, Howard H.
Hall and leaner Hoagla nd waa alao ineffectiv on the date o f th
R solution to ann x since tha aame wa e ackno wl d ed on July 20,
1973 and r corded July 2), 197).
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From addi t i o nal te sti mo ny and e x h ibits submitted at the
latest public hearings of Sep t e mber JO, 1974 and October 14, 1974,
the City Council finds t hat land to the No rth and .West of the
annexed area belonged to one Ro s e Weeks at the time of annexation
and adjacent to land belonging to Peter Kiewit and Co. was not
divided in and out of t he City. The boundary line of the Northwest
side of the Peter Kiewit land and the annexation line are one and
the same so as not to divide the Rose Weeks land. The City Council
rejects the testimo ny of the s urveyor appearing on behalf of the
objectors in that land on the Southeast side of the South Platte
River beyond the boundary line of a Peter Kiewit and Co. Deed in
l951 makes said land Rose Weeks' land . The City Council finds that
a title policy (City Exhibit No. 2.) by the Fidelity National Title
Insurance Company indicates ownership of said area by Peter Kiewit
and Co.
Further, the City Council finds that there is no division of
l and belonging to Hall Land and Leasing Co., Inc. in and out of the
Ci t y which is adjacent to Rose Weeks' land on the South side. The
Co un c i l finds that there is no credible evide~ce of division from the
t e s tim o ny of a surveyor presented by the objectors concerning the
t r u e th r e ad of the river where i n a d i vision of t he Hall Land and
Le a sing Co., Inc. l and was divided by the an n exa t ion b oundary line.
5 . City Co u n ci l fi n d s t hat the railr o ad land allegedly
di v ide d by t h e ann e xation, i s j oined because s aid railroad land is
in t he Ci t y of Engl e wood on t wo s ides and the annexation of the
railro ad land in the newly annexed area Joins said railroad land
o n bo t h a ides.
The City Co uncil finds that the original ~ity limits line
of Eng l ewood, Colo rado, and the adjacent annexation boundary line
o n t he West of the railr o ad land is one and the same and that there
wa s n o spa ce in b etween said railroad land and the original city
limi ts line.
6 . Th e City Co un c il find s that extensive hearings occurred
wherein any pa r t y i n i nte r est h a d a mple oppo rtuni t y t o ma ke inquiry
by cross-examination and to present any an d a ll ma t e ri a ls ei t h e r f o r
or a ainst the proposition o f annexation as re f lected in the Resolution
to annex and that said hearing was duly conducted in proper form
according to la w.
Section 2.
The City Council of the City of En lewood furth r finds,
concludes and d t rmines that no annexation el ction is r quired in
said ann xation.
affix
S ction J.
That the Clark of th
he seal or the City or
City of En lewood shall attest and
n lewood to thit reaolu ion and that
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publication of thi~ resolution is required.
ADOPTED AND APPROVED this 2~ day of ~ "' ' 1974.
ATTEST:
ex officio
I, Karl Nollenberger, ex officio City Clerk -Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of the
Resolution No. 53, Series of 1974.
ex officio city Clerk -Treasurer
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