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Home My WebLink About1975-02-18 (Regular) Meeting Agenda Packet• 0 - • CITY COUNCI-EETilG -Re ular Fe r uary 1 , 197 0 • • -• \ - , MEMORANDUM TO: Andy Mccown, City Manager FROM: E. P. Romans, Director of Parks and Recreation Karl Nollenberger, Assistant City Manager Harry N. Taylor, Purchasing Agent SUBJECT: Southwest Greenbelt Park Bid DATE: February 12, 1975 r ' I /"' /' (. < / ' / ' . , / [ Sealed proposals were received by the Director of Finance (Purchasing) on February 7, 1975 for the construction of the irrigation system, site preparation, and seeding of the Southwest Greenbelt Park project. The bids were received as fol lows: Company Omura Land cape Turf Irriga ion Co. Mountain H adow Denv r Lmwn Sprinkler Sa B 11 's Inc. Lew Hamn r Inc. urs ries Inc. Jim Fagans Land capin A . K esen & Son Yerk y Sprinkler *Bett r-Bilt Sprinkl r Engineer's Estimate 88,464 Budget 88,464 Total Bid 91,686.60 71,432.10 67,650.74 65,478.65 64,292.85 61,544.00 61,487.00 60, 63.04 53,935.00 51,545.90 9,602.42 *B tt r-Bilt Sprlnkl r dld not .eet 1 peclflca io due to n rou1 irr ulariti 1 w thin the propo1al. All oth r bldd r • t speclflca ion • We rec omm nd th p r o po al W re cO!!D nd th p ropos al ubeltted by I t ltted by Teri< p ar a t ton, 0 51, of th lrrl&a tlon 1y t .. , lt Gr enb 1 P1 rk l n t to al • d • r-Bllt Sprinkler Co. to be r ject d . y Sprinkler Co. for the con1tructlon and • ed l of th South st 5 • 90 to c pt d and ard • • • \ 0 • .'\ndy Mccown , City Manaq 1 .Karl Nollenb r qer , A<isistant ~J, y ,. r.•O( r J a r.uary 16, l <J7'.'> ;,r·;,Ji:.CT: th pre)pos d six-quar r 1 ·1 ·t>t. O- Jt:. .. ~. io-, I will at cm t t o <)1'.'• y \l 1 ,_._: '~ as J-L ~s d which dt ,·iat..l 1 r 'n rop s ~~ cha: q ~.J d.re al~o irclud~ 1 J t~ ,\? •~ Fark · :.r:..ori6;v '(! i r.4. .all S: 2 . ... s. T . 'l r z ' .. ~" ... ---- v r f. • • ( • \ C ON.UL TIN O CNOINl:C ... , • 0 • SELLARDS & GRIGG, INC. 1541 W. COLFAX • SUITE 4 • SQUIRi PLAZA LAKEWOOD , COLORADO 10211 231·1 5 73 Pebruary 12, 1975 Mr. Geor9e Pearaon Assist.ant Direoto of Parka and bcreation Ci ty ot En glewood 3400 South E t i Street Cn glevood , o lorado 80110 Dear Mr. P areon: b; Southwest Gr .. nbel t Park S•G Job No. 74021-42 TranU1itted with this letter ar thr .. C091Pl•t.e tabulation• of the thirteen bids receiYed on the SOuthw••t Greeabel Park on Pebruary 7, 1975. ids w .. sken on Alternate ... w wh ich i a aprinkler ayatem and a e d ing , or th "entire p o c t"; Al terna e I I, Project A, sprinkler ayatmn1 and 1 er ~a e : Pr o) ct B, seeding . Th e low bid on Alternate I, aubaitted by Better-Bilt Sprinkl r and La ndacapin9 o . waa aubm i tt d i a rather oonfuaed, erran rorm with a to l of 6 6,J 7 .7 0. H o w~ver, proper multipli - c to a nd addi tion of t i ric yield• a total of $49,60 2.4 2. ~io ~1 Mr. Bil l Wieder of Bettar-Bilt indicate i • ~d •r•tood the bid documenta and 1neert8d unit pric e fo r a erial only rather tban aaterial and labor. At th• conclus ion of hia bid, he stat•• that be added i n hi• labor, but n er does not appear on th• doc:imenta . '!berefore , it a p pear• that th• oolu.n o f 1 r• ia aiaplr incorrectly d d revi of hi• bid 1J ric•• doe• not oonYinoe .. that the y a ·e only terial , how v r, I aa aaU•fied that tbe bidd iaW\~--a tood the bid and a ince r y does not want to be award h con tract for $49,, 2 .42 . ff r, it ia our opinion th• valid b id ia for t . ~nt. The .... confua r i n a tter-i lt '• b i d on Al ternate Il , Pro j e ct A. • • -• , 0 • " Mr. George Pearaon Page 2 rebruary 12, 1975 However, if Better-Silt'• bid• are rajeot.ec! by ~ City or allowed. to be withdrawn at the Bidder '• requeat, then th• 1110st economical manner for ooru1tructin9 the ~~ woa14 be to award the contract for Alternate I to Yerkey Spr1Dkl• co. for $51,545.90. In thie caae, tbe City woa14 9PP9&r to l09e a total of f6,707.48 but would gain a contractor who dea1rea to perfona the work at hi• price. If Detter-B1lt'• bid• are rejected, it would appear that Jia Fa9aa'• Landacapift9 would lose a contract on Alternate II, Project 8. aow..er, phone converaatio na with Jia Fa9an indicate that he woul4 be happy to be relie ed. of the contract . Since Mr. To Youn9 of our fira participat:e4 1n the tueaday meetinq with Hr. Mc c:o.m, Mr. Nollenberfler, llr. llml•"•• Mr. Taylor, Mr . Berardini, and Mr. Pearaon of SD91-ood, we would recoaaend that tter-Bilt Sprinkler and Lan4aca~in9 COIQP&nY'• bid be rejected becauae of confuaion and irr99ular1ti•• and that in tba intereat of t'1 City of Enqlwood, the oontract be awarded to Yerkey Spriru.!er Cor oan ~ for their total ptoject bid of $51,545.90. Wo ope tbat this will preaent an accurate •..-.ry of the atatu• of thi• project. Plea•• f .. l free to contact Mr. Tom YoWlg o .. if ve can be of further assietance. JMlhl enc cc rry Taylor Ve r y truly youre, SI:Ll.AAf>S 6 GaIGG, IllC . lri~lf!,~ John M. Baailton, P.E . • • - • • ( • 0 • " BID TABUL.'lTIO!l SHEM' JOB T!TLE: 9outhwes Gre belt Park ER: City ot' Enqlewood, Colorado ENGINEER: Sellarda & Griqq, tnc., takewood, Colorado BID OPE?I~: 3:0 P."1., MST, February 7, 197 S&G OB NO.: 74021-42 ALTERNATE I -ENTIRE PROJECT L Be ter-BU . · -inklttr 2. Yerkey Sprinkler 3. A. Keeaen & SOna 4. Jim Paq4n• Landeca•inq 5. nuraaries Inc. 6. Lew Hllll!lller, Inc. 7. SA Bells, Inc. B. Denver I.aloft\ Sprinkler 9. Mountain Meadows 10. Turf' Irriqation Co. 11. Omura Landacape D\qineer'• EetimAte S49, 024. 02* 51,545.90* $53,935.00 $60,863.04* $61,487.00 $61,544.00 $64,292.85 $65,478.65* $67,650.74* 71,432.10 $91,686.60* $88,464 .oo "' - Project A -Sprinkler Sy•tem Project B -Site Pren. & eed ne Better-silt Sprinltler Sa Bells, Inc. l. Yerkey Sprinkler 4. A. X..Mn & &:ma 5. Aquariua, Inc. 6. J Pacran• Lar:dac• in 7. Giilan Conat. co. 8, nvv Lawn snir\ltl•r tnqin .. r'• t1 .. te $32,798.42 $40,292.85 $40,313.')0* $43,285.00 48,220.00* $48, 922. 98* $51,151.79 $51, 72 .65 $59,564.00 • Corrac ed by in ( • 1. Jilll P'a an• Landecapin 2. D nver Lall'!'I rin ler 3. sa Bell•, Inc. 4. a tan1aeape $2 • o. 0 • • I -• lo Colorado ld ~ER'~SL BETTER-SILT SPRINKLER \'ER.KEY SPRINKLER lte:i t:nh Unit Unit !!C?.:... J~ ~ntitY. ~ ~ Extension ~ Extension Price Extension -----l. 'Taotl _ l..,..f",.r• hV"n•--·-4 £41. s 1,476.00 s 5,904.00 $1, 021. 26 s 4,085.04 s 1,127.66 s 4,510.64* s c. "ir .u-.g l L.S. 6,830.00 6,830.00 3,534.33 3,534.33 6,987.88 n,987.88* 5,015.00 ' 3. Pull ci r . rotarv h .... d .. 'i<I 1::.1. 85.oo 57.05 3,365.95 40.68 2,400.12* art cir. :rotary heeds 172 Ea. 90.00 15,480.00 62.10 10,681.20 46.51 7,999.72* :r art ci.r. st.a. heads 21 F.a. ll.00 231.00 6.35 133.35 6.19 129.99* iq Ea. 2.00 38.00 l. 75 33.25 3.05 57.95* I • r 0 32 Ea. 230.00 7,630.00 84.00 2,688.00 100.00 3,200.00 •al•ci• 4 Ea. 180.00 720.00 67.00 268.00 100.00 400.00 lvea 2 Ca. 160.l)O 320.00 62.00 124 .00 * 100.00 200.00 ~ 10. Clna-.f nrh val vea 5 Ea. 144.00 720.00 52 .00 260 .00 60.00 300.00 n. f:n .. •lftl.·1--.,,., .... __ l L.S. 15,946.00 15,946.00 6,750.90 6,750.90 13,127.60 13,127.60 12. Sit.-r l a•rf-... . L.S. 1,000.00 1,000.00 o.oo 0.00 1,232.00 l,232.00 Ill. Stu. anA ..... ~, -·--l L.S. 10,460.00 10,460.00 5,ooo.o~ 5.ooo.oo• 3,400.00 3,400.00 14. Sf!fldinn anA """'•'-""'"-. L.S. 17,440.00 17,440.00 11,800.00 11,800.00 6,600.00 6,600 .00 15. Oot..l......, Ii!'>. I ,..,...,, ,......,. ... __ 4 1:.. 250.00 _h.~ 75.00 300.00 250.00 l,000.00 $88,464.00 $49,024.02• $51. 545 .'lO* ~ "-P.alnbird Toro • • Correct01I by Ln<J ine11r Buckner Aqua Dial or Rainbird • • • • xtension :1. $ 2.soo.·00 $10,000.00 2. ), 500.00 J,500.00 5.00 J,24 5.00 0.00 e.4 2.0 .00 10.00 210.00 10.00 190.00 7. ao.oo 2,560.00 75.00 300.00 o.oo 140.00 10. 65.00 )25 .00 11. 9,ll7.00 9,137.00 . u. 1,500.00 1,500.00 n. 6,400.00 6,4 00.00 4 . 7.800.00 7,800.00 ,1.5. .so.oo 200.00 $5],9)5.00 • Corr9Cted by Ct19in-r ln-.le-r H .. .,s troll..: • • !:!~ s 1,367.12 8,259.72 66.74 71 .44 14.60 6.57 139 .72 1 32. 71 127.32 109.43 11,134. 34 1,100.00 3,740.00 7,200.00 375.00 10 tACULATl t aq ~ion $ 5,468.48 8 ,259 . 72 3,937.66. 12.287.68* 306.66 124.83* 4,471.04* 530.84· 254.64 547.15 11,134. 34 1,100 .00 ),740.00 7,200.00 l,500.00 $60,863.04* ~inbird Buckner ··""" NURSERIES 1 INC. LEW l1AMMER 1 rNC. Unit Unit ~ Extension ~ Extension s 2 ,500.00 $10,000.00 $ 1,900.00 $ 7,600.00 7,400.00 7,400.00 5,600.00 5,600.00 53.00 3,127.00 70.00 4, 130.00 - 56.00 9,632.00 58.00 9,976.00 9.00 189.00 30.00 630.00 9.00 171.00 20.00 380.00 ' 110.00 3,520 .00 115.00 3,680.00 9 8.00 392.00 108.00 432.00 90.00 180.00 93.00 186.00 ' I 82.00 410.00 86.00 430.00 I r 0 • 15,416.00 15,416.00 11,000.00 11,000.00 500.00 500.00 900.00 900.00 3,600.00 3,600.00 8 ,700.00 8,700.00 I 7 6,150.00 6,150.00 7,300.00 7,300.00 200.00 800.00 150.00 600.00 $61,487.00 $61,544.00 Toro Aqua-Dial or Rainbird ~ • N.' L It.e::i Vn.it ~ ~ r.a~oa1on 'l . $ 2,214 .00 $ 6 ,856.00 2 . 4,2 72 .00 4,272.00 ll . 45.60 2,690.40 4. 4 8 .00 8 ,256.00 '5. 9 .25 194.25 4.80 91.20 7 . 90.00 2,880.00 3)6.00 78.SO 157.00 10. 72.00 360.00 11. 1 2 ,000.00 12,000.00 u. 'J,200.00 J,'200.00 n . 9,600.00 9 ,600.00 14 . n .200 .00 11 .200.00 15. ,50.00 200.00 2.85 • rn .. Y.rt--"" ,'bv v.na1ncer • • BIO TADULATIC-- Paqe 3 DF.NVER tAWN SPRima.ER ~TlUN HEAIX)WS Unit Unit ~ l:xtenaion ~ Ex ten a ion $ 6,800.00 $ 6,600.00 $ 1,180.62 $ 4 , 722.47 6,056.00 6,056.00 3,562.00 3,562.00 3,012.55 3,012.55 95.00 5,605.00 9,063.20 9,063. 20 95.00 16,340.00 315.00 315.00 35.00 735.00 152.00 152.00 25.00 475 .00 2,(,.C4.80 2,644.80 85.00 2, 720.00 319.20 319.20 00.00 320.00 148.40 148.40 80.00 160.00 336.00 336.00 75.00 375.00 21,601.SO 21,601.50 14,346.25 14, 346.25 1,250.00 1,250.00 1,100.00 1,100.00 4,250.00 4,250.00 4,180.00 4,180.00 8,250.00 8,250.00 7,920.00 7,920.00 1,280.00 l,280.00 362. Jl 1,449.24 $65,47 8.65 $67,650.7 4• SJ -rin.kler lleada Rainbird con t roll er Buckner I """" TURF IRRIGATION CO. Unit ~ Extension $ 1,700.00 $ 6,800.00 388.00 388.00 41.07 2,423.13 ' 42.45 7,301.40 3.66 76.86 5.46 103. 74 49.80 1,593.60 . I r 0 • 42.00 168.,00 I 37.20 74.40 31.20 156.00 I :: 29,058.72 29,058.72 J,000.00 J,000.00 8,091.95 8,091.95 11,196.30 ll, 196. 30 250.00 1,100 .00 $71,432.10 I '-Toro 1\qua-Oial or Rainbird • ...._ • ,,....... lld :r l. 2. J. •• 5. 7. 8. 9. 10. u. 12. 13. u. 15. s 2,642.00 1,220.40 71.28 71.28 13.SO 10.80 140.40 124.20 118.80 108.00 ll,631.22 -4.00 16,413.00 2J,l48.00 64.80 • Ourrected b Sprinkler l. Controller • • • PROJI:Cr £ t.elllliOn ~10 ,568.00 • 4,881.60 4,205.52 12,260.16 283.50 20S.20 4,492.80 496.80 237.60* 540.00 13,631.22 64.00 16,413.00 23,148.00 259.20 $91,686.60* Ralnbird Buckner BID TABULA'l -- I'aqe 4 Toro Aqua-Dial or Rainbird !""'\ r ' I 0 • ,.. ~ • • I --BID TA.BUI.AT . • , COlorado Colorado ENGINJ:ER' S EST. BETTER-SILT SPRINKLER SA BELL'S ~-- lt-1.n.it Unit Unit --It-Quantity Unit rrice Extension ~ ~sion Price Extension ----- l. Ta ns . meters, BFP's 4 Ea. $ 1,476.00 $ 5,904.00 $ 1 ,02 0.26* $ 4,081.04 $ 2,214.00 $ 8,856.00 2. COn trollera 5 wirinq l L.S. 6,830.00 6,830.00 3,534.33 3,534.33 4,272.00 4,272.00 J. Full circle rot.Ary heads 59 La. 85.00 5 015.00 57.05 4,141.90 45.60 2,690.40 ' 4. r art circle nitary ~ds 172 Ea. 90.00 15,480.00 10,483.65 10,483.65 48.00 8,256.00 s. Part circle at... heads 21 . Ea . 11.00 231. 00 6.35 133.35 9.25 194.25 . be&da 19 Ea. 2.00 38.00 1. 75 33.25 4.80 91. 20 7. ""°""inch val vu 32 Ea. 230.00 7,630.00 84.00 2,688.00 90.00 2,880.00 I r 0 • ii,-J.nch valves 4 Ea. 180.00 720.00 67.00 268.00 84.00 336.00 Hi-inch valve• 2 Ea. 160.00 320.00 62.00 124.00* 78.50 157.00 10. Onoe-inch valves 5 Ea. 144.00 720.00 52.00 260.00 72.00 360.00 I ~ 11. Snrinkler ayat.e91 pipinq l L.S • 15,946.00 15,946 .00 6,750.90 6,750.90 12,000.00 12,000.00 . 1.2. Otltion Mo. 1 Controller boxes 4 F.&. 250.00 1,000.00 75.00 300.00 50.00 200.00 $59,564.00 $32,798.42• $40,29 2.85 PR!:r • AND SEEDINr. JIM FAGJ\NS LANDSCAPING DENVER LAWN SPRINKLER l. Site clearim l L.S. 1,000.00 1.000. 00 1,100.00 1,100.00 1,250.00 1,250.00 2. Site and .oil pr~ration 1 L.S. 10,4£,0.00 10,460.00 1 ,740 .00 3,740.00 4,250.00 4,250.00 J. £eodim and 111ulchinq 1 L.!l. 17,440.00 .l:!..! 440 . 00 7,200.00 7,200.00 8,250.00 8,250.00 II, PJV)JECT B $28 ,900.00 $12 ,040.00 $13 , 750.00 \ " I by EnC1iMer t . . .. • • ""' BID TABU Ll\Tl P,,......2 ,,......., • 11 11 I ,, .A, S PRlNIC.LER SYSTEM Bid Y r.:RJ:EY !: r Rl NIU.ER A. IOXSEJil 5 SONS AQUARIUS , INC. JIM FAGANS Ll\..~OSCAPING I ·~ unit Unit Unit Unit .!'.!.2 l:xt~nsion .!'.!.!£!. Extension Price Extension ~ Extension 1 . t:l .1 )7.66 ·s 4 , s10. 6 4 • $1,000 .0(9 $12,000.00 $2,450.00 $ 9 ,800.00 • $1 ,367.12 s 5,468.48 2 . .1 .74 6 .88 6 ,907.8 8• 4,000 .00 4,000.00 !,lJ().00 4,520.00 8,259 .72 8,2 59.72 4 l>. r.e 2 ,4 00.1·2 • 55.00 1,245.00 66.0 0 3 ,8'l4. 00 66.74 3 ,937.66 * ... 46 . Sl 7 ,'919. 72 * 49.00 A,428.00 66.00 ll ,352.00 71.44 12,287.68 * s. 6.1 ? 129.99* 10.00 210.00 12.50 262.50 14.60 306.60* 3.05 57.9S * 10.00 190.00 10.00 190 .00 6.57 124.83* ' 3 ,2:)0 .()1) 80.00 2,5GO.OO lJ0.00 4,~60.00 13 9. 72 4,471.04* .00 4 )0 .00 75.00 .300.00 115.00 460.00 132. 7l 530.84* 1 00 .00 200 .00 70.00 140.00 110.00 220.00 127 .32 254.64 1 0 . 6 0 .00 3:>0 .00 65.00 125 .0'J 100.00 500.00 1 09.41 547.15 I r I 0 • . u. 1.19 13,127.60 11,687.00 11,687.00 12 ,621.50 12,6 21.50 11,134.34 11,134.34 12. 150.00 1 1 00!J.C.U so.oo 200.00 60.00 240.00 375.00 1,500.00 .. $43,285.00 $48,220.00* $48,822.98* I "7 Sr£Dit¥; • X..nd11eape firtantion 1 . U.900.00 $4,800.00 s 8.87 $ 64.00 2. 9.600.00 9 .600.00 2. 2(.1. 14 16,413.00 J. u.200.00 11,200.00 'l,184 .04 21,148.00 $25,600.00 $3?,625.00 I '\ *Oc>rreetad • • '- • ~ • - • • • • • , M E M 0 R A N D U M TO : Andy McCown, Ci ty Manager FROM : E. P. Roma n s , Director o f Parks and Recr e at i on Karl Nollenberger, Ass i s tant City Manager Harry N. Taylor, Purch as ing Agent SUBJECT : '>o ut'i•·pq t f:reen belt Park Bid i1ATE: Fe br uar 12, 19 75 >ea led pro posal s w r ~£r eiv ed by the Direc tor of Fin a nce (Purchasing) on Fe bruary 7, 1975 for the c onstruction of the irrigation s y st em, site prepar a ti on, ~nd s eeding of the Sou thwe s t Greenbel Park project. The bid s were receiv d as follows: Comp any •lm•1ra Landsca e ur f Irrigation Co. ount ain le adows cnv r Lawn Spr inkler a B 11 's Tn c pin En gineer's Estimate 88,464 Budget 88,464 Total Bid "B lter-IHlt 91,686.60 71,~3 2 .10 67,05 0.74 65 7 .65 6 ,2 92 .85 61,54 .oo 61,487.00 60 ,863.04 53,935.00 51, 545. 90 49,602.42 *B • t r-Bi ~t hin th prinkl·r jfd no et ~ecification due to nwn rous irregulariti• n•• o al. All oth r bid.le r mr eclfications. B tter-u!lt Sprinkler Co. to b re j <u. subm itt d by Yerk~y 'prinkler Co. for the construction preparat ion, nd seeding of th Sou thwe 1t r $51,5~5.90 o be accepted and ard 'I •. • • - r • • ' Andy Mccown, City Manager 'bruary 12, 1975 ~e 2 • • • ~e bid came in under bud g et by $36,9 18 . The City should give cons id eratio ~ bidd ing t h e r emainder of the park pro ject at this time. J I . \ tJ rr C , z , Ka rl ollenberger As5 istant Ci t y Man~ger Purchasing Agent E. P. Romans Direc tor of Parks and Rec re ation ' ' • • • , • 0 • , COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 18, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 18, 1975, at 7:30 P .. to order. Mayor Pro Tern Mann, presiding, called the meeting The invocation was given by Rev. Paul Thomas, Ministe r of the Church of Ch ri st . The pledge of allegiance was led by Boy Scout Troop 154. Pro Tern The Mayor/asked for a roll call. Upon the call of the roll, the followin were present: Clayton. Council Members Jones, Sovern, Mann, Brown, Blessing, Absent: Council Member Taylor . The ~yor Pro Tem declared a quoru present. Also present were: City anager Mccown * * Assis ant City Manager Nollen er er Ci y Attorney Berardini Director of Public Work Wap one r Direc or of Community Developmen Supinger Deputy City Clerk Johannisson ayer Pro Tem ann resented the Phil Rober s award to Bill Brokate or he Depar men of Community Develop ent. Thia a ward is iven by he In erna ional Conference or Buildin Officials . The award wa s ace p ed by Di rector of Com uni y Dev~lopm n ~up1nyer. • COU CI SOVER OV!D AlD COUNCI A BRO N A OTION TO APPROV TH! INUTES OF TH FEBRUARY J, 1Q7 WITH TH! F LLOW G CHA GE , • • , • • • 0 • , 2 Page 3, Paragraph 4, add the following: "City Manager Mccown asked Council if they wish a report submitted back to them on the possibilities of funding for the elderly housing project and a senior citizens' center with Council affirming. A report will be ready by March 3, 1975." Page 11, 3rd paragraph from the bottom, delete the following : "when the traffic flow for the surrounding streets is at capacity". Upon the call of the roll, the vote resulted as follows: Ayes : Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent: Council Member Taylor . The Mayor Pro Tem declared the motion carried. * * * * * Mr. John Hamilton of the firm of Sellards and Grig was present to discuss the bids on the Southwest Greenbelt, which were received on February 7, 1975. Councilman Mann asked what corrections were made on the two low bids. fr. Hamilton stated that on the first bid there were some large mathematical errors, plus the bid wa s not fil led out correctly, thus making it hard to figure out exactly what the bid was. The bid correction took the bid from the stated $66,000 to $49,000. The second bid co rrecti on was Just a minor arithmetic error of 27 cen s. Councilman ann asked why there was such a large spread between he en ineers' estimate and the l o w bid. r. Hamilton stated tba the cont ra c o r s are be co min more compe- titive in hese times and they a re bidding less now than they have in he pas Councilman Sovern sta ed tha in his experience this wa s beco in quite prevalent where firms are idding less and eco in mor compe itive. to hav with h o malte computa A !OTIO CO PANY. wa a an ace p ed practice numbers, hus interferin a a ed tha it is o+ uncom on tic errora have en made in COU CI A OV R MOV D AI D COU NCI TO ACC PT rH! BID FOR $,l,44~.90 FR O Upon he call or r oll , h vo SECO ND D PRINXL!R ed aa rollowa: • • - • • • I 0 • J Clayton. Ayes: Council Members Jones, Sovern, Blessing, Brown, Nays: Council Member Mann. Absent: Council Member Taylor . The Mayor Pro Tem declared the motion carried. * * * * * City manager Mccown passed out a memo from Karl Nollenberger relating to the six-quarter budget, specifically to the Southwest Greenbelt Park. He stated that the budget for the greenbelt area was $8J,600, and since the bid was below the estimate, he felt it would be appropriate to get bids on the following items. Items 7, 8, and 9 in the memo relating to landscaping, playground curbing and ball field backstop, and playground and miscellaneous equipment. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO GO OUT FOR BIDS FOR LANDSCAPING, FOR PLAY- GROUND CURBING AND BALL FIELD BACKSTOP, AND PLAYGROUND AND AISCELLANEOUS EQUIPMENT FOR THE SOUTHWEST GREENBELT PARK. Upon the call of the roll, the vote resulted as follows: Ayes: Council ! embers Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absen Council Member Taylor. The ayor declared he motion carried. Councilman Clayton asked how much is 1 ft in he budEet. City er cCown s a ed that 15 ,000 was the ori inal en ineerin es i a e. The es ima e for he hree i ems is 45,750. Wi h the approval of the sprinkler syste below the en ineers' estima e, we have approxima ly $32,00 0 left in the bud * Ca hy Cory, 3124 So. Dela war e, ••• re co niz d. Sh o ep a o an i 11 r la in · o a 111 for an ordinance he 111 ary l a e ro•ieio a • • a. o ry pay and City pay. nefi a o he on the 11111 ary re ardin the on heir payroll. •. • • , • • • • 0 • 4 Ar. Jerry Blumenhein, 3400 So. Clarkson Street, was recognized. He spoke on the topic of the senior citizens' recreation center. It was his opinion that the old Police/Fire building was the only suitable site in Englewood for this center . He stated that they have a petition circulating and they have also received commitments for furnishings for a senior citizens' center . * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING FOR PAVING DISTRICT NO . 22. Upon the call of the roll, the vote r esulted as follows: Ayes: Council Members Jones, Sovern, ~nn, Blessing, Brown, Clayton . Nays: None Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried and the public hearing open. r. Gerald Harrison, General Counsel for General Iron Works, was recognized . He stated that General Iron Works is against the paving of the 2700 and 2800 block of South Elati. He stated that Mr. Keith Stevens, the President of the General Iron Works, Mr. Rich Carson, representing Wazee Corporation, and Phil Foster, representing Towers Properties, were also present. He stated that Wazee Corporation and Towers Properties were the ti le h old ers of General Iron Works land. Mr. Harrison presen ed a picture showing the general area involved, and outlined what effect the paving would have in he general area. He stated that the reasons they were against it wer e, 1. The cost. It would be $80,000 cost o General l\on.a.llQ Works, and in their opinion the council should consider the(lf'e~er1ta of he paving district. 2 . He stated that General Iron w'orks would be askin ••• for a vaca ion of a po rtion of South Elati to General Iron Wo rks. If the vacation is ranted, General Iron Works will not wan to have paid for the pavin of that portion of the street. Councilman Clay on asked if i was General Ir on Works in ention to have I-1 and I-2 zoned property abut one and two-/ family dwellin s. r. Keith S vens, President of Gene r al Iro rv Works, wa s re o ni ed o answer his question. He stated that the future use of the land in quee ion would be in co pliance with th pres n zoning ordinances. H a ated that General Iron Works realized he difficul iee ha are involved in policin he plan a wi zonin ordinanc a , bu he aseured Council hat Gen ral Iron Worke would comply with e curren zonin require ents. He w nt on o ou lin so e of th plans t at they had. Mr. S evens s a ed a h primary uaere of Sou h !lati Street mploy ea Q'\A.,. •. • • , - • • • 0 t• • 5 of General Iron Works and users of Bob's Auto. He stated that Bob's Auto and residents specifically affected by the paving district would be in favor of paving of South Elati. He also stated that if the requested vacation of South Elati were granted &•• to General Iron Works, that General Iron Works would have better access to all of its company areas. Councilman Jones asked if there was any area of compromise possible by the elimination of the 2700 block of South Elati from the paving district. Mr . Stevens stated that the 2700 block has absolutely no need for paving as far as General Iron Works is concerned, because it is a rela tively unt ravelled street. The 2800 block of South Elati does have a small amount of traffic, prima ril ly from the General Iron Works employees and Bob's Auto. Councilman Jones stated that he had received a call from Bob's Auto regarding the paving district and that they were in favor of it. City l anager Mccown stated that he had received two letters relating to the paving district. The first letter was from John W. Reffel, 2650 So. Tejon, Alma Reffel, and Dorothy J . Hynes. All were against the paving of South Raritan, I•• from the south side of West Harvard Avenue to the north side of West Yale Avenue. The second was a petition against the pavin of Baltic Avenue and signed by 8 residents. )hcxxix Mr. John Reffel, 2650 So. Tejon Street, was recognized. He spoke against the paving district, specifically relating to South Raritan. He stated that the cost is estimated to be $22 ,000 and he does not believe that this cost at this time is warran ted . He has access to his property from South TeJon Street. Mr. J o e Capesius, ••• 2350 West Warren, was recognized. He was a 'in s the pavin district as it relates to Baltic for financial reasons. He stated that some of the neighbors who sirned a petition are on Social Security o r fixed incomes and are ol der and this would be a real hard s hip for he to pay this off at this ime. He also stated that if the paving di~!~ik!--is passed , tha some sp ecial plan should be wo rked outl "'°f)ayment, l'd th these people:') COUNCIL.IJAN ONES OVED AND COUNCILllAI BLESSING SECONDED A OTION TO CLO l THE PUBLIC HEARING ON PAVING DI TRICT NO. 22 • Upon he call of the roll, th vo e r esulted as follows ~ Ayes: Council em era Jones, Seve r , ann, Bleasin , rown, Clay on. Nays: None Abs en The ayor Pro T hurin loud. Council e bar ~aylor. de lar d ha o ion carried and the public ,, - • • , - • • • • 0 • ' I 6 ' ( I '•7' COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 7. Councilman Sovern stated that he felt he would like to see a deferred payment plan for those el derly people who are on fixed incomes that are unable to pay an assessment at this time. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND ORDINANCE NO. 7, AND DELETE THE 2700 BLOCK OF SOUTH ELATI STREET FROM PAVING DISTRICT NO. 22. Upon the call of the roll, the vote resulted as follows: Clayton. Ayes: Council Members Jones, Sovern, Blessing, Brown, Nays: Council member Mann . Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried .a•• Director of Public Works Waggoner stated the following chang s should ee made in Section 6, on page 21. $880,550 should be changed to $829,050; $111,120 should be changed to $108,05 0 . COUNCILMAN SOVERN fOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND ORDINANCE NO. 7 TO CHANGE PARAGRAPH 2 ON PAGE 19 RELATING TO SOUTH ELA TI STREET. The from portion should be changed to read "the north s ide of West Amherst" and to amend page 21, Section 6, $88 0 ,550, should be $829,050, and $111,120 should be $108,05 0 . Upon the call o f the roll, the vote resulted as follows: Ayes: Council embers Jones, Sovern, ann, Blessing, Brown, Clayton. Nay s : None Ab s nt: Co un c il ember Taylor. The ayo r Pro Te m de cl ar d the motion carried. A vote was called f o r t h e pa eaa as aml"nd!!d . o f Ordi n a nc e No . 7, Ay a: Cou oil ember• Jones, So v e r n, ann, leea i n , Br o wn, Clay on . Nay a: one Abe n Council e ber ~aylo r . Th yor Pr o T • deolar h mo ion ca rr ied . • • • • • • 7 The following communications were received for the record, with no action taken . The minutes of the Library Board meetings of February 4 and February 11, 1975. The minutes of the Englewood Housing Authority meetings of July 23, July JO, three meetings on December 13, 1974 and January 7, 1975. Memorandum from the Director of Public Works to the City Manager concerning absentee ownerships around Dartmouth Park. Letter from Robert Brittain to the City Manager con- cerning paramedic training . Time schedule for Federal-Bow Mar Storm Drainage Basin. Moratorium budgetary savings -January, 1975. Financial report for the month of January, 1975. * * * * * Council received a memorandum from the City Attorney to the City Manager relative to terminating the City's interest in a lease a g reement on the Englewood Dam executed in 1933. City Attorney Berardini stated that this is a result of a 1968 law suit contesting Englewood's right to the property in question. He stated that the lease is no longer effective .......... and that the area is now under the control of the flo o d control district. He s a ed hat the City of Englewood has been asked to execute a leg al document to revoke any interes in the proper y and o remov e any c loud s to the possible title to the property. CO UN CI LMAN BLE SS ING OVED AND COUNCILMAN J ONES SEC ONDED A OT I ON TO AU THORI ZE THE MAYOR TO EXECUTE A TERMINATI ON OF LEASE AGRE E EN T 0 THE ENG LEW OOD DAM. Upon the call of th r o ll, the v ote re sult ed a a f o l l ows: Ayes : Council Me mber s J o n •s, S~v e r n , a n n , Blessing, Brown, Clay on. Haya: on• A a n Counc i l e mber Taylor. Th ayor P r o Tea decla re d th o ti o n c arri e d. I • • • • ........ • • • • 0 - 8 Council received a memorandum from the Director of Public Works to the City Manager concerning the lease of property East of the Servicenter . City Manager Mccown stated that this is the property that was purchased from the Clapp family adjacent to the sewer plant . He passed out maps outlining the prope r ty in question . He stated that the Clapp's have asked fo r an extension for their vacation from the property. Director of Public Works Waggoner stated that he would like to see a scale up f•z lease program with the Clapp's that would give them an incentive to move out as quickly as possible. City Manager Mccown stated that this may not be le ally proper. He said that he would like to have the authority to negotiate with the Clapp family for $500 monthly rent o n a month- to-month basis, because we presen ly have no curren use for the land. He feels that we could lease the property to them on a month-to-month basis until they have heir new site ready. Di re ctor of Pu lie ~or s Wa oner stated that he has their CO NCIL A B OW MOTION TO AUTHORIZ THl CITY A REPORT BACK TO TH CITY Upon he call or he roll, Ayes: Council Brown, Clay on . N ya: None Ab a en Council em The ayor Pro Tem declared the * * re er mo * • have not, as yet, started willin to enter into a e. H did state that the la d, rent free, for the CC CILMAN JONES SECONDED A TO NEGOTIATE WITH THE CLAPPS TH R ~ULTS OF THE NEGOTIATI ON. r aul ed as follows: one a, ov rn, Mann, Bleaain • Taylor. ion carried. ayor Pro Tem ann reco nized repreaen in he Lea ue of Women Vo a roup of women wh o were in audience. interested in would March 17. He a ated that the item hey were be diacuaaed at the Council meetin * * • . • • - - • • • • 0 I • • 9 ~.J_. -1-'1 • Council ~ consider~ of award of bids for police vehicles. The low bid was received from Bill Crouch Chrysler- Plymouth for $36,295.71 . This was for ten vehicles . COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO ACCEPT THE BID FROM BILL CROUCH CHRYSLER-PLYMOUTH FOR $36,295 .71 , FOR THE PURCHASE OF TEN(lO) VEHICLES. Upon the call of the roll, the vote re sulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Ab sen Council Member Taylor . The Mayor Pro Tern declared the motion carried. Assis ant City Manager Nollenberger explained the insurance covera e for the vehicle involved in an accident last year. He sta ed that the Ci y self insures itself up to $5,000. There ore, we had no outside cove rage. * * * * * Council received an application for a 3.2 beer license renewal for U-Tote -M, 123 East Belleview. COUNCILMAN SOVERN MOVED AN D COUNCILMAN BLESSING SECONDED A OTION TO APPROVE THE APPLICATION FOR A 3 .2 BEER LICENSE RENEWAL FOR U-TOTE-, 123 EAST BELLEVIEW. Upon the call o f the roll, the vote resul ed as follows: Ayes: Council Members Jones , Sove r n, fann, Blessing, Brown, Clayton . Nays: l•••ailx None Absen Council Member Taylor. The !ayor Pr o Tm declared the motion ca rried . • • • ayor Pro T m Mann called a recess at 8:55 P .. Council reconvened a 9:10 P.M. Upon the call or the roll, th followin war pres nt . Clay on. Council f mbera Jonee, Sovern, ann, Bleaein , Brown, Aun Co uncil Me ber Taylor . • •. • • • 0 • 10 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. • BY AUTHORITY ORDINANCE NO. 8, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 6, ORDINANCE NO . 23, SERIES 1974, TO PERMIT PAYMENT OF SPECIAL ASSESSMENTS FOR SIDEWALK IMPORVEMENT DISTRICT NO . 74 IN TEN (1 0) EQUAL ANNUAL INSTALL~ENTS. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION ~6 APPROVE ORDINANCE NO. 8, SERIES OF 1975. Councilman Clayton stated that the original ordinance required that the sidewalk districts be paid off in five years This ordinance changes the payment schedule to ten years. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, lann, Blessing, Brown, Clayton. Nays: None Absent: Cou ncil Member Taylor . The ayor Pro Tern declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AU THORITY ORDINANCE NO. 9, SERIES OF 1975 A ORDINANCE A ENDING SECTIONS J, 4, AND 5, CHAPTER 1, TITLE XIII OF TH 1969 ENGLEWOO NICIPAL CODE BY REDEFINI G CLASS "F" OPERATORS AND INCREASING THE LIQUOR OCCUPATIONAL FEE FOR OPERATORS LLI NG J.2 BEER FOR CON U PTION 0 THE PRE ISE AN FOR ALL CLASSES OF OP RATOR AND AUTHORIZING PROPORTIONAL CHARGES THEREFOR. (Copied in full in he Official Ordinance Book.) COU CIL AN BROWN OV!D A D COU CI AN OVER N SECOND D A OTIO TO APPROV ORD! ANC NO. 9, S RI S OY 1975. ayor Pro Tem ann stat d ha he was oppos d to Cla11 " " ope rator s ein raised fr o S200 o 250. Thea opera or1 re clu 1 and he monie1 ha clu 1 make rro he prori a o r 1ellin liquor are ppropria ed for chari a 11 purpo1e1, and he can' 111 lube payin an increaa h y flow h ir money a k o he communi y . • • • 0 • -----------------~~-------= .. --·- 11 Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Member Mann. Absent : Council Member Taylor. The Mayor declared the motion carried . * * * * * RESOLUTION NO . 12, SERIES OF 1975 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL FUND . (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 12, SERIES OF 1975. Mayor Pro Tem Mann stated that he was in full favor of this type of resolution. It is good that we earmark funds for alcohol treatment. Councilman Blessing stated that he disagrees.with this resolution, in that it assigns specific funds to a specific activity, in this case liquor rehabilitation. He stated that we should not establish a practice of assigning fees to a specific activity. Councilman Sovern stated that this allows a start into this important area of alcoholic rehabilitati o n and this res olution will get the project off the round in 1975. He sta ed further that the S ate is working on gettin a ~t pro ra m sta rted for the whole State of Colorado. Councilman Blessinp s ated that in his opinion he State should pick up the wh ole tab for this pro ra . Mayor Pro T m Mann sta ed that the City of n lewood, by passing this r~aolution, would s an outs andin example for h S a , and maybe hey will bud e an appropr1a e amoun of money for an alcoholic rehabi litation proJec . Upon the call of the r oll , h vo e reaul ed as f ollows: Ay s : Coun il embers Jone , ove rn, ann, Brown, Clayton . ave: Council e er leeain A sen Counc i l er ':'eylo r. T ayor Pro T decler d he mo ion ca rri •. • • • • • • • 12 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO INSTRUCT THE MAYOR OR HIS REPRESENTATIVE TO WRITE A LETTER TO ALL AREA LEGISLATORS REQUESTING THEIR SUPPORT FOR A STATE-SPONSORED ALCOHOLIC REHABILITATION PROGRAM. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor . The Mayor Pro Tern declared the motion carried . * * * * * A Bill for an Ordinance was presented by City Attorney Berardini relating to the Englewood Housing Authority. He enumerated several changes required in the text f• .. ~•xltll of the A reement which is part of the Bill for the brdinance. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON . A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD RELATING TO REVOLVING REHABILITATION LOAN FUND AND AUTHORI ZING THE MAYOR OF THE CITY COUNCIL TO EXECUTE THE SAME. COUNCILMAN CLAYTON AOVED AND COUNCILMAN BLESSING SECOND D A OTIO N TO APPROVE A BILL FOR AN ORDINANCE RELATING TO AN AGREEMENT BETWEEN THE ENGLEWOOD HOUSING AUTH ORIT Y AND THE CITY OF ENGLEWOOD. City Mana er McCown asked the City Attorney if these chan es would require that we re-advertise the Bill for an Ordinance. The City Attorney stated that ••• because the changes are no subs antitive by nature, we do not need o publish the Bill for the Ordinance with the changes. We would, though, have to publish the ordinance in its entirety with the changes on final r a in . Upon he call of the roll, the vo e resul ed as followe: Ayes: Council embers Jon s, Sovern, ann, leasin , Brown, Clay on. aye: None A been Council ember Taylor . Tha y o r Pr o Tem d clar d ha motion carriad . • • • • • • 0 • 13 Mayor Pro Tern Mann recognized Lois Kocian. He asked if there is a waiting list for the seni o r citizen h o u s ing. Mr s . Kocian stated that there are five people on the waiting lis t , plus they have had many inquiries for the same. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN . ---- A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMEN T OF SAID ASSESSMENTS. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVIN G THE WHOLE COST OF THE IMPROVEMENTS FOR SIDEWALK IMPROVEMEN T DIS TRIC T NO. 74, AND SETTING A PUBLIC HEARING FOR MARCH 17, 1975. Upon the c all of the roll, the vote resulted as f o ll o ws : Ayes: Council !embers J o nes, Sovern, Mann , Bl es s ing , Brown, Clay to n. Nays: None Ab s en t : Council Member Ta y lor . The !ayor Pr o Tern declared the mo tion carrie d . * * * * * I NTRODUC ED AS A BI LL BY COUNCILMAN SO VERN. A BIL L FOR AN ORDINANCE AMENDING SECTIO N 14 , CH AP TER 4, TITLE V OF THE 1969 E .M.C., RELATING TO ANNUAL MILITARY LEAVE; PAYAENT FOR THE FIR T FIFTEEN (15) DAYS THEREOF . COUNCILMAN SOVERN {OVED AND COUNCIUAAN JONES SECONDED A OTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING cECTION 14, CHAPTER 4 1 TITLE V OF THE 19 9 ! .. C., RELATING TO ANNUAL ILITARY LEAVE. City Attorney Berardini stated hat thie it m ie the on which Cathy Cory spoke to earli r in the Council e in He th n read the propoe d ch n th A Councilmen Jon a asked tr the ime referr d o in Bill would be char ed o he individual'• ve a ion. Ci o rn y Ber rd1ni a a ed that 1 • 0 1• ve a ion • • • • 0 • 14 only if the employee so desired. Mayor Pro Tern read the memorandum from Rich Lorig which i• stated that employers do not have to pay, but are encouraged to pay, reservists for active duty periods. Councilman Clayton stated that it was his opinion that this was a fair way to handle the situation. In response to Councilman Brown's question, City Manager Mccown stated that the employee would miss only ten working days and that the re were only two employees on the City's payroll affected. Councilman Brown stated that he had extr emely high praise for the reservist s and, in his opinion, could not vote for this Bill. Upon the call of the roll, the vote resulted as follows : Clayt o n . Ayes: Counci l Members Jones, Sovern, Mann, Blessing, Nays: Council Member Brown. Ab se nt: Council Member Taylor. The Mayor Pr o Tem declared the motion carried. * * * * * City Attorney Bera r dini presented a Court order remanding t o t he City Council for additional findin g a three- wa y liquo r l icense application by t he Demetriou s Co rporation d /b /a Arap's Lo un g e. l~i• He s tated tha thi s i s the case where the Cit y Co u nc i l den ied t he is s uance of a liqu o r l i c en s e to Ara p 's Lo u n e on Jun e 1 7 , 1 9 74 . T he y sub seque n ly fil e d a s ui t and the Jud e has s e n t it b ac k t o the C i y Co unc i l f o r their fur h e r conside r at i on . COUNCILMAN SOVERN MO VED AND COUNCI IA N BRO WN SECO ND!D A OTION TO INSTRUCT TH CIT Y ATTORN!Y TO SEND TO ALL COU NCIL E ERS A FULL TRANSCRIPT OF TH! PUBLIC HEARING FOR TH! LIQUOR APPLICATION FOR THE D ETRIOUS CORPORATION, D/B/A ARAP'S IBIXll RESTAURANT AND LOUNGE . Upon the call of th r oll , h vo e resulted as follows: • • ....... • • • 0 • 15 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Counc il Member Taylor . The ayor Pro Tern declared the motion carried. * * * * * City Attorney Berardini reported to Council on publishing legal notices in newspapers. He stated that by law, municipalities must publish their legal notices in legal newspapers. A legal newspaper is a pape r which has been operating for a period of 52 weeks or more, and is admitted as second class mail . In the City of En lewood we only have one paper which we may publish our no ices in, and this is the Englewood Herald-Sentinel. * * * * * City Attorney Berardini reported to Council regarding the feasibility of having a liquor hearing officer. He stated ............. that the City is authorized to have a hearing officer, and this hearing officer has the power o either rant or deny liquor licenses . He stated that hearing officer s are being used more and more in special situations in all levels of government. Councilman Brown asked the City Attorney if, by having the hearin officer, the Council relinquishes its authority to make a decision in this area. Ci y At orney Berardini s ated tha Council, in his opinion, can dele a e total or par ial authori y. Councilma Brown stat d that in his opinion, a hearing officer would be accep able only if Council had the ultima e decision pow r. Ci y Attorney • • d re• n on ••k•d tr Coun 1 . that the hearin officer he ou side or it could r, City in a • ~e hearin offi r could ity A torn y B rardini •• d a Ci y A torn y erardint o hie au J• a a ru ure da• . • • - • • 0 - " 16 City Attorney Berardini reported to the Council re ga rding the Sgt . Becker case, and stated that the District Court has held in favor of the City. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN . A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $4,1 00 ,000 , DATED APRIL 1, 1975 , OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF RE FUNDING AND PAYING OUTSTANDINr. CITY OF ENGLEWOOD GENERAL OBLIGATION REFUNDING WAT ER BONDS, SERIES 1965 , IN THE AMOUNT OF $2,750,000, DATED SEPTEMBER 1, 1965, AND GENERAL OBL IGA TION WATER IMPROVEMENT BONDS , SERIES 1971, IN THE AMOUNT OF $1,775,000 , DATE D APRIL 1, 1971; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF SAID OUTSTANDING BONDS; PROVIDIN G FOR THE LE VY OF TAXES AND FOR THE APPLICATION OF THE NET REVENUES OF THE WATEJY'SYSTE OF THE CITY TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF THE REFUNDING BONDS AND INTEREST COUPONS TO BE ATTACHED THER TO; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH . COUNCILMAN SOVERN fOVED AND COUNCILMAN CLAYTON SECO NDED A OTION TO APPROVE A BILL FOR AN ORDINANCE AU THORIZI NG THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $4,100,000, DATED APRIL 1, 1975, AND SETTING A PUBLIC HEARING FOR MARCH J, 1975. Upon he call of he roll, the vote resul ed as follows: Ayes: Council embers Sovern, Mann, Blessinp, Jones, Brown, Cl yton. lays: None Absent: Council Member Taylor. Pro Tem The ayor/d cla red the motion carried. * R SOLUTION NO. lJ, SERI!. 0 1975 A P.!.OLUT 0 AUTHORIZING TH! PU LIGATION OF NOTICE OF AL OF GE RA OBLI 1ATION REFU DilG ATER BONDS OF THE CITY 0 E GL!WOOO, ARAPAHO COUNTY, COLORADO, IN TH! A OUNT OF $4,100,000, DATED APRIL 1, 1975. (Co ied in full in h Official Resolu ion Boolt.) COUNCIL AN OV RN OV!D AND COUNCI A COND!D A OTIO "'0 AP PROV RE OLUTION o. lJ, -:iii 1 Upon he all or he roll, h VO followa: • • • - • • • • • , 17 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * City Manager Mccown presented a memo to the Council regarding the Housing Authority appointments. Apparently, in 1974 the State legislature passed an amendment to the Housing Authority enabling legislation which allowed the Authorities to be made up of appointees or to,!' consist of the City Council itself. One of the effects of this action by the State was to nullify previous appointments to Housing Authorities. For this reason, on March 18, 1974, the City Council appointed the members of the Housing Authority on Resolution No. 6, Series of 1974. This Resolution made the terms of office run until July 1st of the five succeeding years. Consequently, Mr. Barry Slater's term of office on the Housing Authority runs until July 1, 1975. It also finds that the term of office has expired for Mayor Pro Tern Mann, whose appointment expired on July 1, 1974. CTht Council and Mayor may wish to consider fi lling this position. * * * * City !anager lcCown presented the amendments to he Uniform Building Code . COUNCIL All CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO HAVE THE CITY ATTORNEY DRAW UP AN ORDINA NCE TO ADOPT THESE CODES. Upon the call of the roll, he vote re sulted as follows: Ayes: Council e bers Jones, Sove r n, Mann, Bless1n , Brown, Clay on. Naye: None A een Council em er Taylor. Th ayor Pro T m declared th mo ion carried. • • • • • • 0 • , 18 - City Manager Mccown stated that he has received a telegram from the Air Products Corporation protesting the award to FMC of a portion of the contract for the Bi-City Waste Water Treatment Plant. * * * * * Mayor Pro Tem Mann recognized Donna Milton, J2J6 So . Pennsylvania. Mrs. Milton stated that she was part of a group involved wi th a book "Beastly Boys and Ghastly Girls", and she stated that she would like time on the next Council meeting's agenda to discuss this topic. She explained in part her group's dislike for the book . * * * * * Councilman Brown stated that he had received a letter from M. Brown, regarding the paving district and that they are elderly persons, 85 and 65, and his opinion it looks like it might possibly be a hardship case. He asked that the City Manager look into the le tte r and report back to the Council. City Manager stated that he has had meetings regarding the deferral of payments and possible rebates in situations like this, and they are preparing a report to be presented at the next Council meeting. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A IOTION TO ADJOURN. Upon the call o f the r oll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council ember Taylor . The Jayor Pro Te was adjourned a declared the motion ca rried and the meeting 10:25 P.M. Deputy City Cler\ • < •. • • I • • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLE.WOOD CITY COUNCIL FEBRUARY 18, 1975 I • 7:30 P.H. Call to order, invocation by Hr. Paul Thomas, Minister of the Church of Christ, 4690 South Logan, pledge of allegiance by Boy Scout Troop #154, and roll call. 1. Minutes. (a) Minutes of th regular meeting of February 3, 1975. (Copies er ~'-' ~d .) 2. Visitor•. ,/ ) . •• / (a) Hr. John Hamilton, of Sellard• and Grigg, will be pres nt t o discuss bids on the Southw at Gre nbel . (Co pies enclosed.) / ( ) Mia s Cathy Cory will be pr sent to discuss a ill for an ordinanc relating to •ilit&ry leav CS e item 6 ).) (c) e Vuitora. lie r i l •l /(a) "nu 1 o r an ordinanc on final rea in er 1122. (Co i a nelo•ed.) ing ar dP' ruary ll, Nary •• (b) Hinu a of or July 23 , July ue•~L<>er lJ , 1!17 elo ad. l • • ( • • 0 I• • paae 2 February 18 Agen da 4, Communications -No Action Recommended . (Continued) /"'cc) Memorandum from the Director of Public Works to the City Manager concerning absentee owner- / (d) /Ce) ./ (g) ships around Dartmouth Park. (Cop ies enclosed.) Letter from Robert Brittain to the City Mana ger concerning param edic training. (Copies enclosed.) Time schedule for Federal-Bow Mar Storm Drainage Basin. (Copies enclosed.) Moratorium budgetary savings -January, 1975. (Copies encl osed.) Financial report for the month of January, 1975. (Copies enclosed.) 5. Communications -Action Recommended. (a ) (c) (d) Memorandum from the City Attorney to the City Manager relative to terminating the City's interest in a leas agreement on the Englewood Dam executed in 1933. (Copies enclosed.) Memorandum from the Director of Public Works to th City Manager cone rning the lease of prop rty East of the Servicenter. (Copies enclos d.) Consideration of award of bids for police vehicl s. (Copies enclosed.) Application for a 3.2 beer license r newal for U-TOTE-E.M, 123 st B lleview. (Copies enclosed.) City At torn y. -- \ <•> Ordinanc on final reading uiending a previous ordinance to rait payment of special aneaamenta , ~ for &id lk improv nt District 74 in en l annual instal nts. (Pa ssed on first read n; o P bruary 3, 1975.) (b) d n; amending th liquor #"' ,< (PH•ed on tin vAc> olut aultiJ\9 trom ,l ,c...i th l t • to alcohol r ancloa d.) I \.,, • • • • • • • 0 • page 3 <,-, ... ), 00.;) - February 18 Agenda p ·-1:.JO~Oj ' - 6, City Attorney (Continued). z., -,,. .., ,,. 'l i.....,.. ... -;J _./(d) Bill for an ordinance approving an intergovern-~~~-~ mental contract with the Englewood Housing e;r1~ Authority relating to rehabilitation. (Copies _,. ~ enclosed.) 1h) Bill for an Ordinance assessing property in Sidewalk District #74. (Copies of Ordinance, rnemorandwn f rom the Director of Public Works and rnernorandwn from the Assistant City Manager enclosed.) S o ~ 1J Bill for an Ordinance adjusting the military ~e provisions of the Englewood Municipal Code. (Ordinance and rnernorandwn from the Per- sonnel Director enclosed.) Court order remanding to the City Council for additional finding a three-way liquor license application by the Derne trious Corporation d/b/a Arap' s Lounge . Report on requirements to become a legal news- paper. (i) Report on th feasibility of a liquor hearing officer. /<jJ Attorney's Choice. 7. City Mana ger • ,. . .... 1a) Bill for an Ordinanc concerning the .. 1e of $4 ,150,000 worth of advance water refunding v bonds. (Ordinance and memor ndum from th Assistant City Hanag r enclosed.) --- V"(b) Resolution authorizing not of sale for $4,150,000 ,, worth of outstanding refunding water bond1. (Copie1 enclo1ed. J Y'cc> Conai era ion of appointment of per1on1 to the nglewood Hou1in9 Authority. (Copie1 of a ran um fro the City Hanag r and solution No. 6, Serie• o! 1974 enclo1ed .) Vfd) Di•cuHion of amen en 1 to th Ul'lifora Buildin9 Cod • ( orandum enclo1ed, other infoniation ran itted previou1ly.) Ce) na r'1 Choice • .:.· . ... • • • • • • • , page 4 February 18 Agenda B. General Discussion . (a) Mayor's Choice. (b) Council Member's Choice . 9. Adjournment. ' '! ~ . , I . /1,//, /. / I l I tl~g //tt /hl/7 L hNDYt7 COWN City Manager AM/sc ,, - • • • • • - 0 • - 17 ROLL CALL econ ed Moved s 4 Aye Nay Abstain Absent Jones Sovern . MBnTI Bles sTruz Brown ' Clavton ' MB vo r Tavlor l/UuP I U,u,s Rt &W/~~~ ?~~ ud ~~ J ~/ fMtU ~ U U1f;)5 /'l U.V'i.. JP ~ / ~ ~r~-'yt--tf7'- u, "$ ~w.-.. l~ ~t..- 11,,vt -,.,,d ,,_ u~ 1.. Mt?,.t;;..£._ w I & r-.,.'fi;TiS' ~ ,._ A-,, ~ f,v tc. µ~ b i• "''t .:u~A /... ~ u /J H" ,,( l.c t ~L~L • f t 0,.I t..<. J_. ..--t-· ,~ &..c.Aiw.Ao.ul- I • • • , • • -0 • ROL L CALL Moved Secon~ed Aye Na y Abstain Absent Jones Sovern Mann Bless1Il2 Brown Clayton MB.VOr Tavlor • • • • • • • • '· , ROLL CALL Moved Secon4ed Aye Nav Abstain Absent Jones v' i:>C vern " 1.1< •nn ,/ l'IJ essiruz v X" mown ,, v Clavton ,/ MllYOr Tavlor .x , • • 0 , • ,, . • . ' •. -• , . • , ROLL CALL ...... lJT~ f1A.... ,,~~ Moved Secon4ed Aye Nay Abstain Absen t Jones ,r ~ .:;overn .,, Mann v ><::::: Bles siru! .r l:lrown .... Clavton ,, Mavor Tavlor y- r • • , • • •. -• I• • I ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones oovern .Mailll Blessing .Brown Clavton Maver Tavlor '-./' / • • • • -·~ • • , ... ----. J.-'7 ROLL CALL ~l-il ( Moved Secon<jed Aye Nay Abstain Absent Jones ./ ;::,overn .,/ MllJUl ,/ ~ R1essiruz v' .tirOWil v" -..,.... Clavton 7 MAvor Tavlor ,.......,.,. • • • . ' - • t• • <. ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones " .,,; sovern II / """"" ,/ R1ess1rur v y::_ Brown "" Clavton v llavor Tavlor ..,,, )~ ~-~~ ck ~ / t ~-I-. :Zoo ~ :;2.G"(J ~l~ >j 0t..· I ~':A ~t. ~r ~ ... /tis..- tv-t~· ~f ~ 1~4 ~~ • • • • • 0 • ?~"1,_ J ROLL CALL J2_7,,0 -t! I -z._. Mov ed Secon4ed Ab stain Ab sent 11~- /,;,(,,E?'r1µ.£, .... t:J.u~ ~ t:W ~~;;_L, .f t 1--U~~,,{ ~ s~1 ~( ~1~-t4- # 1t ~ , iv -~uo "... :},/~ ~ 1, ... ~-,., ,, 1)U -I ~ u;,,, ~ ~U«.-1 du. 1f tt , .. ~ ,/ . ~ 1 ~7~ I r. . ' • • -• • RO LL CALL ~J VW'~ ~~ M-1~ ~ t<v2; "'1~ ~~ ~ 4..-1 ~ et: Moved Seconded Aye Nay Jones .,, Sovern ,/ M8.1lil .,, Blessirur L/ --Brown ~ ,x;_ Clavton ~ IMavor Tavlor • J., NI 7 /,vf t:L ltJt~ -lo s 'Z--1---w~ Abstain Absent ....._.. / • • • • , • • - , d-7 ROLL CALL Moved Sec 4 d on e Aye Nay Abstain Absen t Jones -SOvern MAnn Blessina lfl'Own Clavton -vor Tavlor ~'le.A f-s/ l!.Lt""f V4 • ~~1~~~~ ? 3 A. ~ -;'A L II 1 r5 I if-(~) ( tf -1~' 7 r f ? & /ti-A,. 't p ~.tv ID I ..,___ • • • • (• ·, • ROLL CALL (h.MJ-!, .&-, -I /--4 L. Moved Se d d con e Aye Na y Abstain Absent Jones 1/ Sovern ,/ Mann ..,.... c.;.. 1ITe ssTni1 "" m-own v ~ Clavton II MAvor Tavlor ~ /}wy -1.u dL f»f. l:i E.../ ~ A f.. ~ ;.µ~i-- ~1c-Ju,~ ~;<:.. ~ .u£ d 11fl4fz t: .d ~ ~ u,it./u. '-11.1. (p._ 0-. f;~ ~ ~ )~ .....<~~ µpv (-~ t~ . /'rl lt)/J -µ J ~fo r ~ ~ -~ j ;cut l'- /u.»4-~~£..A • • • • -• 0 t• • ROLL CALL Nay Abstain Ab sent ./ Jones v ......c...... Sovern v _ Mann 7 ll.iesslng " ' Brown 7 Clavton 7 Mavor Ta"lor ye • • - • • • 0 t • • ROLL CALL /(A-I~ 'Z-r.... ( '?-( ,,,,(~ ~ Moved Se contj ed Aye Nay Abstain )-<:. Jones v ------Sovern "" Mlillll 7 Blessing A Brown ~ Clavton ~ MAvor Tavlor h~U('> ,t,~ /A-1-fO~ ~~ fw"-"" 4-<-l~H. 4-u ~ ~'( -t"j,U)-J / µ 6 ') l,~-r,_ t ' I l t:;:-.s J_~ JV ~ -/IA /,t µ l ~ "?t:u.u .., I t/l:l-~~ ~ '- /"'; tA..J -~ ,{ ~c--, t-£. ~ /hfh.n /-,,_ Ht.. r /('<-t. {~~-(""' ~ J IA-' (' ("</ C..U· ./ -<--' .;...... .._,v ./...; ~I />•ft 'l.J -~"(i .A... /1~4-4 ff,.,.~ '({ ~~""-W tlt -rl u• ,._ (.A "'? , f<,1.u.~..ft :L . I ,I /1 JAA~ fl..J -':t•if 1 f ~ /' IS-~ ... 4-1../fJ '1 -~ /J WM~ ~ .. Absen t ~ v~- ,..., . -.. I ""'"' • • Is. • • I• • '· ROLL CALL econ ed Moved s 4 Aye Nay Abstain Absent Jones sovern Mlllll1 Bless1.ng Brown ~ Clavton ~ MHvor Tavlor l 'f'> ~v :/uJ.L fj~luf t rlU-4.. :J p 5f ~ ( ~ - v1rO.. . ~~ td.~~ ~ f'W- ~ • • • , ~ I • econ ed Moved s G '>£" ,/ t1fat ~ • 0 • , ROLL CALL ~ ~~ Aye,, Jones v , Sovern .... Mann / Bless in<> J Brown v' Clavton j,/ Mavor Tavlor I • Nay Abstain ~ r-'~'-{~~ )~ ~y¥U4 IA ~ ~~ b #71~ f"L t w c.;J <Yf"'llU/) a.Ai, ~~~~ ~~ ti I • I ' It;; - ,. - •. Absen t __. ~ a...4 ~ <1u..,..., • • - {p • • • t• ·. • ROLL CALL Mo ved Se con4e d Aye Nay Abstain Absent J one s snve rn MA n n !Hessing Br own Clav ton 1 M11vor Ta vl or ijE?1V1£-~ 0c-CuA.-~L ~~.( ~~ti_,(-" tv-M... ~ !Pt.. µ_~w,,l ~4 ~ ~ 4 /~ 1~ C A~ o/f ' 1- 6'..tH(/OJ-' -L ~ t~'i. -v7 ~ J_ ,...~ttu 7 ~J_ ~,v -£) <) ~'&-- /r l v -J.,f/~ )~ ~ ~~ ' . , ' 'I •, • • , • -• • ·. • ROLL CALL Moved Seconded e a. Jones ,/ ,, ~ Sovern v , Mann ,/ / Bless!= / Brown ./ ),(" Clayton ./ Ma:vor Tavlor /"'--. / • • • -• 0 • ROLL CALL I~ Moved Seconoed Aye Nay Abstain Absen t Jones ./ '..L' sovern .r' M8.I1Il ,/ Blessing " Brown -,/ ,.,r Clayton "" / IMavor Tavlor '-<'.'. , • • • • I • • •. • l • • ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones Sovern MAnn Rless1ng .m-own Cl avton MAvor Tavlor .I-tl.u£ !'KA I~ ~ qf ~1?0 s..) JJv.-~'t.IL cflt-~fl"' vi • • • •. 0 • RO LL CALL Abstain Absen t I r;v y /Jh ~ l/c., . . J k.At 11 u.;~I ~·.t .... ,, ~ /4.4 A • • • • • ,. - ROLL CALL Moved Seconded Aye Nay Abstain Absen t /JtftYi ~ tn rh~ ,A. d~ v'C« " J ,,u;Ci..d:. ~ Va ,A-~ t<.al ~ ~ µJ: • . • • , • -•. 0 • ROLL CALL { 0 .'"2-~ Moved Seconded Aye Nay Abstain Absen t lor • • • • , • - .-- '< .>.. • • , ..>l.t ,,, .., r .;_"-"-'? '"--It ~ Move d Secon¢ed Jones Sovern Mann l'l1 e ssin'1 Brown Clavton MAv or Tavlor I D -:: I I + • • 0 • I ye Nay Abstain Absen t ----------- • • ·. • ROLL CALL Moved Secon!1 ed e Na y Abstain Ab sent Jone s ' ..L S< vern Ml mn tlJ essirur v BI own Cl ayton Ma.yor Tavlor ?~ ) Jo J ~ --~t ~ {)<- ;,----~~ d~'l:.-~z_. (1~"-L/ -;~~ 3) 6 \\ {/ 1 I 111 ~~ . 11 )_fr.Lr;!~ ~._~ ..J..tJ ~ ~ / {!t(A 1..1 {.,.l ~~ • I ~, t ~ t ,/, 1 ~ ~~ 1" 4 /..1 (,1' I •1 ~ 1 1s i! J: ~" " ""' .;f " A • • • - 0 I• • ROLL CALL Moved Secon~e d e Nay Abstain Absent Jones sovern 1.~ Blessi no Brown Clavton Ma.vor Tavlor j6 ILM-~tr;... ~UJtA.I. s) 1-u~~~ ~ p.A~ IV--7 . ;476 /y/-I~ ~ ~ ~. µ"""'-~~ f 4() .it.. 'S .;.,, ,u:.J.£_ ~I ~ j t,t, ~ h I q"},o-r.rr; - )J f ' ,.,.., A.-\.L c, ~~ ;J.7 ~ ~ =, _..(. -~'-" __I I ~ ,~ -wt; ..;' .~D ~ . 1--,.. IU.f11 ~[.., _, • ~ • • • - • • • • • .. " I tl u vi--t ROLL CALL (µ.,tf. ft-Cl . r j wt.~~ Moved S e con~ d e Aye Nay Abstain Absent :IL Jones I x Sovern I Mann v 1uess1ruz I -m-own I Cl avton I MAvor Tavlor x .'~ -;,,c ~ t1-U vi~ r<>~i-~ Li,__ ~ /-o e ~~ M-H#t-t~ Jyv/ w.h._ h;_ ;;r~. ~ -/(A-'C (Aµ.-~ .Jo ~' ~~ ~ )~MM-i ~ ~lei-~~ I v1 Y"'-t? ~!M.J.,.t.. f6 . ~ ~ Ufl4J,.,~ -lo~~ ~i ~~~ ,~,~t,,L../ 4 )~ ;'~ -.../ il --:. • . ~ • • • • t• • -~--------------... --............. """""~~~=--=~=--. ROLL CALL {v.Jp~ l.w{ ~ I~ £~ 7 , ¥, 1 ~ Moved Se conde d A,y e Ue.y Abstain Absen t Jone s ;:)()Vern Mann v' Blessirul Hr own ,, Clavton MB.vor Ta vlor v ~h -~ ;UM-.U.-4'd '-JC • 4i -l ~.{)00 (,..4 ~-z t;dt , ~-/' GA 4~ 7-0 u.J l:-~ li; 3)-, Mr() . • • • • • • ROLL CALL Moved Secom~ed Aye Nay Abstain Ab sent Jones Snvern Mnn" t,1 essll1Sf 1:r own Cla vton -Ma..VOr Tavlor ;l_J'zAUJt,, kvv fAU>~S /llie~ h1-~~ ~ ~If!' • • ~-• . . - 0 I • -.. " ---- 7 ROLL CALL r;,~ f u ~ f D -# ;J..;L Moved Secon~ed Aye Nay Abstain Absen t Jones -.,L ::>overn I;:ann ., BJ essi na l:!l'OW?l J .><"" Clavton I w.vor Tavlor -~ • • I • • - 0 • ROLL CALL Moved Secon<!ed Aye Nay Abstain Absent Jones SOvern Mailil Blessing Brown Clayton IMB.vor Tavlor ~l4(th--p.J (/(:.. r ~l~ ~i./S ~ k ~ /Jr.A.ii£~~-1i ~1 .u.-r 1~ ~ ~!Vi ~ M ..._ ~~ M """'" ~1..£. w-c.z:L.. • • • ·. - RO LL CALL Moved Seco d d n e Aye Na y Abstain Ab sent Jones Snvern MAn n ~1 e s s""" Hr own Clavt on MAv or Tavlor , "' -• -•. • t• • /0 RO LL CALL Moved Secon4 ed Aye Na y Abs t ain Absen t x:_ Jones \ ~vern I Mann ...--Bless1112 m-own Clayton MllVOr Tavlor .>c: • • • • , • •. -• • , /( ROLL CALL 1~~~ J w Moved Secon4ed Nay Abstain Absen t h~t ,,,I-A.. ~11 .. l4J .._..J, ~ r-p,_,..,._ ~If • • , • • • . -• (• • 12- RO LL CALL ~ ~ Ltd.vt<v-;)._7&-u 1~K-P'--S. ~ \ . <;u/."J.7 !vw~t.. Abstain Absent ;--\ {) ~o, -'V I I t , O~· e o • • , • • . • ' RO LL CALL ~ Abstain ;- /CJ Y,o ~-~ Absen t • . • • • -• • , ROLL CALL M:>ved Secon~ed A;ye Jones sovern J\lllUlll Blessl.M m-own Clavton !lllllYOr Tavlor • • Na y Abstain Absent "' - ' . • • • , ,. -• • -• • ROLL CALL M:>ved Secon4 d e Aye Nay Abstain Absen t Jones . Sovern JVlltllll Bless1na . Brown Clavton ,J118.vor Tavlor ~ t~ ~ cU_~ LTu-~ "" ,,e~ arr~ ,..... ~(...._..._.. )?........ ~ 10.3 , ,,_,, -/ff~~ ~t ~~~ ~(~~ .A-"fJr.A 0 "Cr j. .-<A ~ ~~ ~d<i-<. tri i~ ~ &~ .. ~ 'J4 04' u-/ "i t J~ ' 'U/rl-wf.~ ~ 12'-1~, ~ " 1i1J • • • - , ~ ~ twfl ~ L ~t, Vi Moved Seconoed I ..__. Jones be Vern l\'IBnn ~ Blessing Brown Clavton • • • ROLL CALL e, .,,. V , ,/ .,,. v J wwor Tavlor I• j(p Nay Abstain Absen t x -,. • • - r • • 0 - , l o.- COU ':I L CH A BERS CI.Y OF F.lGLE WOO , COLORADO REGULAR MEE!ING : The Ci•·· County, Color do, me at 7: J 0 P . '.!. '-B: ARY q., h City of Englewood, Ar apahoe r !?n on Fe r ary J, 1975 , to order. yo r Pr o 7ec; .1ann , pr ld:!.ng , called he meeting The invoca ion Y of he Church o hri~ Boy Seo Tr oo l5~. ev. Pau: T o s, ~'ini · - f a l.e ance wa n ~d The I.ayer Pr o T call of the ro ll , ~ fol Coun 11 "e~b e r s Ab en : Oll nci .. The ay e r Pr o Tem d c r d Also .. . ~ De, r an ary 20. r la in 0 t 0 discuss e • h o ri y for call. Upon •h Jo e ' S'JV rI , "' a:'ln, brown, Cl y n . 1 s in • aylor . er oll en Le eve lop ent c r Toh nis on e in r • • - • • c:;:. Y REGULAR MEETING: The Cou y, Color a ?:JO P. yor Pro T ir. • to orde r . Th'! ·;o a ion of the Church f rhri • Boy Scou. Troop 15 . The ' ycr Pro T ca l of he roll, h fol Co 11 ~he 'a~ r Pro T m e l r Also • 0 - l o- : A' BERS , COLORADO . 19"' of Englewood , Arapah oe n on Fe ruary 3 , 1 97 5, :ding, called th e mee ing ev. P u! Tho , . 'in i • - a :egiance wa = 1, 11. Upon 'he row:-i, Cl n. Taylor . r ollen er r Lee evelopmen oha .n1111on 1 o he t1n on page 17 eetin Ho 11n • • - • • • - Meeting ot February J, 1975 2 Ayes: Council Members Jones, Sovern, Man n, Brown, Clayton. Nays: None Absent: Council Members Blessing, Taylo r. The ayor Pro Tern decl ared the motion carried. * * * * * Mayor Pro Tern Mann presented a proclama ion the Mayor commending the Immanuel Luthe ran Chu r ch r o r of service to the City of Englewood. Mr. Mann s a d proclamation wou ld be presented at the church. * * * f * ~r. Tom Burne, Chairman of the En lewood Au hority, was presen o discuss eld rly houain , by Lois Kocian. Mr. Burns gave a report on He stated that they have r eceived project and stated that economics for no bids. suf icien ren even a pro ec . d Co ne 1 hlt ha h 00 r mon r n • wu v r1 htch o oday's mar k ,. - • • • 0 t• • J r. Burns s a•el that this pri ce include s ut ilities, co -mon space and special amenities for he senior ci izens. City Manager . aCow stated that the City has put i applica ion of in er t for gr~~t ~ nds f or a senior center . feasi 1 star r. !'or OU I il. t ore ople vo the Ci s ho ul and th purro e VO e. Cou"'.cil Pate. • from Councilman C yton, concept i s the most when funds have been the project could be that it would be a good Council and th Housing d o n wer any ques ions . Sue e s, .~o o. Delaware reet, appeare • Cla • o i t.ro En .ewood needs '· o tha onl one out of six He p1 t r rth a plan that on the ir vo"in practi es morP. p opl +o re~is er • d hi i ter, rs. Jane ,,, - Ch·.irch ic 1e l 7 • he St. Louis Catholi~ special even 1 liquor o be he ld on ~ rch i~, A 1: I 0 er . ann, r o wn, Cl y ye: 181 Te;ylo r. 0 arri • • r • • • Meeting or February 3, 1975 4 COUNCILMAN SO VERN MOV ED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER ASSESSMENTS TO BE LEVIED FOR SIDEWALK DISTRICT NO. 74. Upo n the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Br o wn, Clayton. Nays: None Absent: Counc il Members Blessing, Taylor. The Mayor Pro Tern declared the motion carried and the public hearing open. City Manager Mcco wn explained the purpose of the public hearing is to consid er assessments on the sidewa lk district and outlined the time schedule that was anticipated. He stated that let e r e of protest had been re ceived fr om he followin citiz ens: Mary W. Frantz, 3023 So. Lincoln Aa rilyn Eckm a n , 3701 So. Huron John B. Ne puti, 4475 So. Lincoln Gary Doun ay, 1186 W. Princeton Place Paul D. Whitaker, 4500 So. Galapago Elm a Lee, 2 9 35 So. Lincoln He al o s ated that phone calls had been re ceived from rs. Elma Lee, 2935 So. Lincoln , and Mrs. Gerdis, 2751 o. Lincoln. City Manager McCo wn st a ted that the bids tha t were received for the sidewa lk d is tric t were l ower than thos e t hat were initially estimated . He introduced Public Works Direc o r Wag on r to explain the cos s or the various parts of the side- walk dis r ct. ,. . Dirac or o r Public Works Waggone r explained th various coats that were nvolved in he sidewalk district. All coats w re lower ban hose ea ima ed xcept for one wh ich involved a r moval or a por ion of sidewa lk. He stat d that eaoh protea would e review d an a recommendation would be made to Co uncil at he nex mee in . He stated tha there wa s an ordinance p ndin that would be a ct d on this ev n1n1 that would extend the paym n im o en years. 0 h The tollowin eidew k dia rte individuals wer e reco diced al pro aa1eaam1nta. store • • . . ( • • • 0 • Meeting ot February J, 1975 5 Gary Dounay, 1186 Wes Princeton Place. He reiterated those items whi ch were in his let er protest ing the assessment, and that he was not the owner of the pr?pert y at the time t he assessment was made, and therefore, feels that the previou s owner should pay the assessment. Ron Kae mi~gk, 3040 So. Mar ion Street. He produ ced pictures that indicated tha he ob t hat the City did was of poor quality. He also state d ha t after the Job was done, they did not do a proper clean-up Job . HP had also called City Man ager Mccown regard ing this itme. Elma Lee, 2935 So. Lin c oln, was present. She reiterated those items in her letter protestinr t e assessment. She said that she had been overcharged by $121, and s aid that the id not leave a proper drop in e driveway and i now r1o ods, wher e before it didn't. S e also sta ed ~at there is a water pip e which is now expo sed which wac i o+ previously. Di re cto of Pu li e ork •er tated that h r wa s an overcharge to this acco nt. The t r pire which h e po te of is a shu -off valve and hi s h o u l d LO be an item or •c n te n ion. r. Paul Whitaker, 4~0 0 So. reiterated those items in his lett r. been aken out, hus c ea in a not exis berore. He also said did n ot e x ist e ore. Galapa o, was present. He he said tha t a drain had nd ice p roblem whic h did now a rade pr oblem w~i c h Direc or of Public Works Wa g n r a a ed that he has no c ecked i ou ye , but h wil l respond to hi co laint . A MOTIO LEVIED F the vo e COUNC IL?AAN SO'l!:RN TO CL OS THE PUBLIC R SIDEWALK DISTRICT r sul ad a s follows: C NCILMAN CLAYTO SECONDED RELA~ING TO ASS SSME T 'i:on •be call or A es: Council m er e on e s, Sovern, Mann, Brown, Clay on . aye: one A ee Co un 1 1 The ayor Pro T m declar d h arin cloe d. I II era Bl a si n , Taylor. carried and h pu lie D!O h • • , • I • • Meeting or February J, 1975 6 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton . Nays: None Absent: Council Members Blessing, Taylor. The Mayor Pro Tem declared the motion carried and the public hearing open. Assistant City Manager Nollenberger stated that this is the bond issue that was sold on January 27th to E. F. Hu ton at a percentage rate of 5.9298S. No persona appeared before Council. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES ECO"~r" A MOTION TO CLOSE THE PUBLIC HEARING RELATING TO THE ORD NA • ON FINAL READING APPROVING THE SALE OF $1,550,000 WORT ~ "F SE ~ REVElUE BONDS. Upon the call of the roll, the vote re sulted as follows: Ayes: Council Members Jones, Sovern, Mann, Br ow n, Clay on. Nays: None Absen Counc il Members Blessing, Taylor. The Mayor Pro ~e declared h motion carri ed and the public hearin cloa~d . I TRODUCE AS A BILL BY COUNCILMA MANN. BY AUTHORITY RDI ANCE NO. 4, SERIES OF 1975 AUTH RIZING TH (Copi d in full in the Official Ordinance Book.) A OT! ~all or D COUNCILMAN CLAYTO , S!R I!S or 1975. d u follow1: S COND Upon • • - ( • • 0 I• - M ~~~in~ 01 reoruary ,, i~1J 7 Ayes: Council Members Jones, Sovern, Man n , Brown, Clayt on . Nays: None Absent: Council Aembers Blessing, Taylor. The Mayor Pro Tem decl ared the motion carried. ll * * * Mayor Pr o Tem Mann called a recess a 8:55 P.M. The meeting wa s r eco.v ened at 9:0 5 P .M. Upon the call of the roll, the following were pres en t: Counci l Members Jone s, Sov~rn, ann, Brown, Cla y on . Absent: Council embers Blessin , Taylor. * * The following communica ions were r ec ived fo: th• re cord. inutea of the Plannin an~ Z nin Commission me in or January 7, 1975. emorandum from h Assiatan Direc or to he Ci y ana ~r conce rnin self-insurance ru d of th Ci y. City Manager and Personn 1 annual st ate en for the concern in Blvd. and morandum fr m he Fire Chi r to the Ci y ana ~r the planned openin o a new fire station at ederal eat Oxf ord Avenue a d th del ivery of a n w pu r. emorandu rr he property tax reba e to app ar eaorand anaser one rnin Ci y ana th Ci y er pro r •· or andu ana r rnin r he a a er oncernin ar ic les on Engle wood Ci h As•i• n• Ci ty ana er o City or Riak M nage r and Sya ema A alya p r o nel irector 0 he A eia • entation of he anpower gra t . ha Director to he Ci y er pl'o ect. 1'-I I, • • • 0 - Meeting or February J, 1975 8 Memorand um from the Director of Utilities to the City Manager concerning the City ditch. Memorandum from the Chief of Police to the City Mana g er r concerning the task force for law enforcement at Monte Vista. * * * * * City Manager Mccown reported on the minutes of the Water and Sewer Board meeting held January 21, 1975. He stated that they had made a recommendation that Mrs. Judith Pierson be named to fill the vacancy on the Water and Sewer Board. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PUT 1IBS. JUDITH PIERSON'S NAME ON A LIST OF PROSP~r~ V EMBERS FOR THE WATER AND SEWER BOARD. Councilman Brown stated that Mrs. Pierson wou l d be an exce ll e n individua l to serve in this capacity, although s he h ad expressed a n interest in re r v in o n another board. Upon the call of the roll, the vote resulted a fol l o ws: Ayes: Co uncil Members Jones, Sove r n, Mann, Brown, Clay ton. Nays: None Ab s ent : Coun c il Members Blessing, Taylor. The Jay o r Pro Te m de c lar e d he motion carried. • * • * * As s is an City rela in o Su p p le ent #6 on ec ors A r e ent . ana er Nollanber er presented the i o he Greenbelt Sanita ion Dis ri c o t a• Ha a a Ball v i a d h a t h and Sou h pr o per y involYed i a in ueb c S re e t. he ar ft JON!S MOVED AN D COU NCILMAN SOV !R S CO D D !ND ATI O or TH! WAT R A D SE W R GREENBEL T SANI TATI O DISTRIC- Up o n the c all o r he r oll, Aye1: Co nc i l ~eabe r 1 Jon e 1 , S o vern~ ann, Br o wn , Cl ey on. Abs n Counc i l a e ra B1a1 1in , Taylor. T y o r Pro 7 d cl ar ad t • ao i on oarrt d . • • • ( • • • • - Mt! e L J.111!1 u 1 re oru tt ry >, .l '1 t J 9 Assistant Cit y Manager Nolle nberger explained the effects of the renewal and modif ica ion to t h e Fi r e Hydrant Con ract wi th Valley Wa te r Dis tr i ct . COUNCILMAN SOVERN MOVED Am COU NCILMAN BROWN SECO NDE D A MOTION TO AUTHORI ZE THE .~YO R TO SIGN A NEW FI RE HYDRANT CONTRACT WI TH THE VALL EY WA TER DISTR ICT. Up on the call of the roll, t he vote esulted a s f ollows: Aye s : Council Mem bers Jones, Sovern, Ma nn, Bro wn , Clayton. Nay s : None Absen Council Mem bers Bl e sing, Taylor . The !ayor Pr o Tem declared the mo ion carried. * * * * * Counc i l r ceived the Election Commission to t wo Council repr esen a iv to consider re-dis ri c in ~ a "'emor . •he May • +o sit 1 he (' 1 ~ from the Ch airm an of and City Cou ncil invitin h e El e ct i on Commission y. C UNCILMAN OVER OVED Al ., COU CILMAN JO NES SECONDED A MOTION TO HAVE THE J..(AYOR APPOINT TWO AT -LAR GE COUNCILMEN TO THE ELECT I N COM? ISS I ON. Councilman Brow asked counc ilmen at-large. Counci l ma of Den v r had a pr le in the r councilmen re re sen in ape i 1 Coun ilm~ Clayton eta for ec i his fall shou l d no why he So v rn r e -dis areas d tha be o hie, he would oppose thi s o t o n . WO m be rs should be rela ted th at th e Ci y rictin wh n hey used n he c1 y. he felt tha those u he oard. Because or Aasi er xp lained th mad up of the 1 y Council. T v ar 111e111 re o • h r e. Gilbar , • d er explai ed •ha the n ed ror ave been some popu l• ion p r ec inc • that ar wi hin County haa. The r aeon a Counc il f o r par icipa io • ha l Commiaeion r el th• 1 WO ld b "' -' ha Council inpu n hi• d ci11on. H expla1 d d1ci1 ion o r 1• ric in r ain • wi h be C nci nda• o o th l c io Co 111ion • '· I • • • 0 - Meeting or February 3, 1971 t 10 Councilman Clayton asked if District No. 2 was one of the districts which needed redistricting. Mr. Nollenberger replied in the affirmative, stating that this was the primary district in question, and that he was not sure which other s wou ld be affected at this time. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECOND ED A MOTION TO AMEND COUNCILMAN SOVERN'S MOTION TO HAVE COUNCILMAll BR OWN AND COUNCILMAN SOVERN APPOINTED TO ASSIST THE ELECTION COMMISSION FOR THE PURPOSE OF REDISTRICTING. After a short discussion, Councilman Sovern dropped his motion with the approval of Councilman Jones who seconded the mo ion in favor of making Councilman Clayton's amendment into a mo ion. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROW 'E OND: A l OTION T HAVE C UNCILMAN BROWN AND COUNCILMAN SOVERN APPOIN T TO ASSIST THE ELECTION CO JISSION FOR THE PURPOSE OF REDI ~RIC7IN~. Upon the call of he roll, the vo e resulted as follows. Ayes: Cou ncil Members Jones, Sovern, Mann, Br ow , Clay on. Absent: Council Members Blessing, Taylor. Th layor Pr Tem declared the motion ca rried. Council a par icip Co ncilman Brown eta ed th t he was in favor of Clay on's cone pt of having non-runnin council on the El c ion Commission for this purpos • n . ' . . . Council r ceived a car ry-over from the last bein a lett r from th Ch irman of the t1aion o h City Counc il eoneernin e di1 ri c for h Hou1in1 Authority Counei Plannin he lde r ly Co nci man Sov rn eta ed tha in bi• opinion the a ions av b en an1wered r elatin1 to the subJec and at Co ne•1 ehould no 1pend any more tim on the topic. t Cou ncil received a morandu• from th City Mana er on er in ran y Swedi•h Hoepit l for para-medic trainin ,,._ ' • • - ( • • 0 - •~· ing o f F e br u ary J, 1 975 11 City Manager Mcco wn explained that the City had bud ge t e d $16,000 for par t i c ipa t ing in t he para-medic program at Swedi s h. Swedish has re c ently received a $50,000 gran t from the De partment of Health, Education and Welfare for a para-m e di c program . Therefore, the b u dgeted item is not needed for t he City of Englewood. Swedish Hospital is asking that the Ci t y donate $5,000 for equipment for use in the para-medic program. This would be in lieu of the $6,000 already budgeted for the on-g o ing training costs. ,, -' COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO ALTER THE AGREEMENT WITH SWEDISH HOSPITAL FOR PARA- MEDIC TRAINING FOR $5,0 00 TO HE LP PURCHASE EDUCATIONAL OPERA TIO NS EQU IPMEN T FOR THE PARA-ME DIC TRAINING PROGRAM. Upon the c al l ~r the r o l l , t he vote re s ulted as follows: Ayes: Counc i l Mem b e r s Jo n e s, Sovern, Mann, Br own, Cl ay ton. Nays: No n e Absen t : Council Me mbers Bl e s ing, Taylor. The Ma yo r Pro Tem decl ar ed h e motion c arried. • * * * * City Manag e r McCo 1ril in t r o duced Director of Com munity Developmen Supinger to p r esent the re commenda t ion fr om the Plannin and Zon in Commiss i on conc erning t he p l ann e d uni development i n he )500 block of Li ncoln and Sherman S r eeta. r. Supin er ou lin d the pl anne d area f or the pro ec He s a ed tha he Plannin and Zon i n Co i asion haa made a f avo r• le recommend• io o r hia project. He at a ed tha h appr opria e action by h Cou ncil would be to appr ove he recommend& ion of he Plannin and Zo nin Comm i 11 i on or o 1 t a publ ic h arinc tor cona i der a ion of tbia proJ10 • 1 a ed that the only queation rai11 d by Coaai11ion revol•ed around he place en 1 l in 1 in t • area. Counc ilaan ann expre11ed hia conc er n tor the item • 1ch a aid ha aco111 o h 11 e waa aoo a pta l a when the rarrt f low tor •he aurroundinC 1 ree • 11 at c a p a city. He alao e x pr1111d 11 one rn for be plaoin or u 111 1 line• u nd er 1round. o Un i n 0 h r. Supin r r 1pond d o Councilaan Jon •' qu ation he ace 11 via hi lu1prin • avai l a 11. Cou ncil• n o•ern a1k1d tor an 1 plana tion or he looa 1o o• r l1n••· • • - • • • 0 ,. - Mee ~ing or February J, 1975 12 Mr. Ralph Murphy of the Murphy Corporation explained the location of the current power line~. Councilman Mann stated that there could be a real problem with the utility lines in the area in order to accommodate the project. Councilman Sovern stated that the east-west line should probably be taken out now before the project was done. Councilman Jones asked if there was an existing agreemen t with Mountain Bell to remove the east-west line, and whether it was still projected that the north-south line would be raised over the building line. Councilman Sovern asked what the cost of burying the east-west utility line would be. In response to the councilmen's questions, Mr. Murphy stated that the line going from e". , to west is a combina tion line, Public Service Comp any and Mountain Bell. The cos of buryin the utility lines was estimated about a year and a half ago o be approximately $20,000. He stated that Mountain Be ll would remove the east-west lines. Hopefully, Public Service Comp any woul d do the same. II -I COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDE D A MOTION TO SET A PUBLIC HEARING FOR THE CONSIDERATION OF THE .<uRPHY CORPORATION PLANNED DEVELO PMENT FOR MARCH J, 1975 AT 7: 30 P .. I. In response to Councilman Sovern'• question re ardin possible changes that the Planning and Zoning Commission could ake, Mr. Supin er stated hat if changes were made by he Plannin and Zonin Commission, they would have to have another public hear1n and o through his delay and expense. Cou ncilman Clayton withdrew his motion, and Council an overn wi drew hie • cond . r. Sup1n e r • a ed that the i11uance or buildin per 1 s tor his p roject would b contin ent upon an a ree•en wi h oun ain Bell and Public Servi ce Company ae to the location or the u ili ies. COU NCILMAN SOV!RN MOVED AND COUNCIUU.K JON! S CONDED A OTIO TO ACC!PT THE PLANNING AND ZONING COMMISSION'S R!COMM!iDATI O ON TH MURPHY COR PORATI ON PLANNED D!V!LOPM!NT. Upon the call or • roll, he vote re1ul ed as follow•: Aye e: Council embe r• Jones, Sovern, Mann, Brown, Clay on. a:ya: None A 1 n Council embar1 Bl 111n , Taylor. Th yor Pro T d olared he ~otion c arried . • • • - • • 0 • r----' ., · I Meeting of February J, 1975 • 13 Councilman Brown stated that he was glad to see a good planned development like this come into the City. * * * * * INTRODUCED AS A BI LL BY COUNCILMAN BLESSING. BY AUTHORITY ORDINANCE NO. 5, SERIES OF 1975 AN ORDINANCE REPEALING CHAPTER 7, ARTICLE l, TITLE IX, ENTITLED "HEALTH THERAPY ESTABLISHMENTS", OF THE 1969 E.M.C., AND RE-ENA CTING SAME WITH AMENDMENTS. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE ORDINANCE NO. 5 , SERIES OF 1975. Upon the call or t he ro ll, the vote re sulted a ~allows: Aye s: Council Members J ones, So vern, Mann, Br own, Clayton. Nay s: None Absent: Council Members Bl ess ing, Taylor. The May o r Pro Tem decl are d the motion carried. * * * * * INTRODUCED AS A BILL BY COU NCILMAN JONES. BY AU THO RITY ORDINANCE NO . 6, SERIES OF 1975 AN ORDIN ANCE VACATING A PORTION OF SOUTH LIP AN STREET LYING A D BEING NORTH OF WEST DART OUTH AVENUE WITHIN THE CI TY OF ENGLEWOOD. (Copi d in full in the Official Ordi nance Book.) COU CILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTIO TO APPROVE ORDINANCE NO . 6, SERIES OF 1975. Upon he call o r th roll, he vo r 1ulted as follows: Ayea: Coun 11 Members Jones, So ver n~ Mann, Brown, layton. Naya: tlone Abaen Council Members Ble1a in , Taylor. The yor Pro Tem declared he motion carried. * • • • • ,,,_ ' I · • - ' • • • • 0 • ~ee"1 ng 01 re uru~ry ,, i7 •J 1 INTRODUCED A A BILL BY COUNClDltN CLAYTOl. A BILL FO AN ORDINANCE AMENDI ~ SEC':' ION 6 , ORDINANCE •;o. 23, SER IES OF 1 9 74, TO PER' T P YVE T OF SP CIA A5SESSMENTS FOR I DFWALK I M P ROVE~ENT DI T .TCT N . 74 IN TEN (10) EQUAL ANN UAL INSTALLM ENTS . COUNCILMAN CLAYTON '-il.OVED N GOU GILMA N BRO WN SECOND ED A MOTION TO APPROVE A BILL FOR AN ORDIN ANCE AME NDIN G SECTI ON 6 , ORDINA CE NO. ?J, SERIES OF 197 RE .A~ING TO PAYM ENT OF SP EC IAL ASSESSMENTS FOR SIDE WALK DI~TRIC> O. 74 . Upon the cal l of t he roll , the vote r esu l ted a ~ollows: Ayes: C'ounc 1 I' embers Jo n s , Sove r n , Man n, Br o wn, Clay on. Na y : None A been": Counc 11 'lemn,..-f ssing, Taylo r . The ~ayo r Pr o T m declsrPd hA mo on carr ed. NTRODUCED A A IL BY CO NCILMAN SOV EP. '. A B L' FOR AN ORDillA C EA ESSI.'G CERTAIN JO. lQ, IN THE CI'IY OF E GLEW 0 PAY ENT AND C LL CTION F SA! roll, the Ay,.a: Clay ~on. y lcn overn, NG DI STRI '.:' FOR THE SE ONDED l he n. Brown, Abe n•. un il M :ib s Bless n , Taylor. Th lay • re r p 0 T d ell:-d h A pu lie hP. in on • i n. mot. on carri d. i ite was alaO I ror ) • • , • • • • 0 • ' I Meeting of February J, 1975 15 COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE A RESOLUTION AUTH ORIZIN G THE PURCHASE OR CON- DEMNATION OF A CERTAIN PARCEL OF LAND LOCATED AT WEST DARTMOUTH AVENUE AND SOUTH SANTA FE DRIVE WITHIN THE CITY OF ENGLEWO OD UNTIL PROPER APPRAISALS ARE OBTAINED. Upon the call ot the rol l, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Br own, Clayton. Nays: None Absen t: Council Members Blessing, Taylor. The Mayor Pro Tem declared the motion carried. * * * * * There were two items on the agenda that, because of the absence of the City >ttorney, r re not acted upon. * * * * * City Manager Mccown introduced James Libberton, the Englewood City Noise Control specialist. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVER N. A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN TH! CITY OF E GLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLA TIO OF STREET PAVING, CURB AND GUTTER AND SID!WAL~ IMPROV!M NTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID I PROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTH!R DETAIL IN CONNECTIO WITH THE DISTRICT. COUNCILMAN SOV!RN MOV!D AND COU CILMA BROWN S CO D!D A MOTION TO APPROVE A BILL FOR AN ORDINANCE CR ATI 0 PAVI 0 DI TRICT O. 22 IN THE CITY OF !NOL!WOOD, COLORADO. COUNCI AN CLAYTON MOVED AND COO CILMA SOV!RN S!C O DE A MOTIO TO AMEND TH! BILL FOR AN ORDINANC CR!ATI 0 PAVIN G DISTRICT . 22 A FOLLOWS: Delete he follow1nc 1tre1t1: 1. South Acoma S ree , troa South tide or W11t Stanford Avenue to orth 1id1 or feat Tutti Avenu • • • ( • • "' -I 0 • Meet ng o f February J , 1975 l r, 2. South Eme r son S+reet, from South s ide of Ea Giraru Avenue to North ide of East Hampden Avenue. J. South Galapago Street, fro Nor~h side of We s Oxford Avenue to North ± 325 feet. 4. South Pearl Str~e , from South side of East Yal e Aven ue to North si de of Eas Ambers Ave nue. 5 . West Cornell Avenue, from East side o f South Tejon Street to Eas side of South Shoshone Street . 6. Wes t Wesley Avenu , from East side of South Ra rit an Street to Wes side o~ Sou h Pecos Street . Also, change sectio 6 rela ~ing to assessment. cost , should read "The proba le otal cos of thA im rovements t.~ be constructed or in talled is~ 80,5~0 .0 0; i~ is proposed that the City of Englewood will pay app oximately $111,120.00". Councilman Clay on wise and are 1 the public in te t r t t s se d l e ion :·es t . ar Councilman Brown sta ed tha there was a great deal of perparator work done in makin g hio very impor•an decision. Upon the call of the roll, t h •ote o re sul ed as follows: he amendmen Ayes: Council Members one , Sove rn, J•ann, Brown, Clay on. aye: None Abs nt: Coun 11 e bera Bl aaln , Taylor. Th Mayor Pro Tem d clar!!d A vot. on h Or 1nance, •• am nded, r Ay a: Counc 11 C y to • on A pu lie arin w on r br ary 18, 1975 • :30 carried. he Bill for a ra on a, ov rn, an , Brown, era 811n , Taylor. • ror av1n Dia ric No. 22 • • • • I ! ( • • 0 • Meeting or February J, 1975 17 RESOLUTION NO. 9, SERIES OF 1975 A RESOLUTION CONCERNING AN INTERGOVERNMENTAL CONTRACT FOR ENERGY AND RESOURCE RECOVERY FROM SOLID WASTE. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 9, SERIES OF 1975. City Manager Mccown explained the desire for the City to participate in a refuse reuse study for the metropolitan Denver area. The cost will be approximately $3,500, and he listed the many cities which are already participating in this program and those which are considering participation. Councilman Sovern stated that the Denver Regional Council or Governments has been working on this subject and has had difficulty getting it out or council. He stated that the solid waste disposal sites ar e u ecoming more and more s car c e every day and they need to get action started in order to bring a solut ion to this problem. In response to a question involving the effect on the Eng l ewood budget for this $),500, Assistant City Manager Nollenber g er stated that the resolution would increast the budget for the item Aid to Other Government Agencies, by SJ,500 and this mo ne y wou l d be t aken out of the Fund Balance. Upon t he call of the roll, the vote on Resolution No. 9 re s u l te d as f o llows: Aye s : Co unc il Members Jones, Sovern, Mann, Brown, Clay to n. Naya: None Absent: Council Me mbe r s Bless ing, Tay lo r • The Mayor Pro Tem decl ar ed the motion c arrie d . * * * • * RESOLUTIO N NO. 10, SER I ES OF 1975 A R!SOLUTIO ! TABLISHI NG INTEREST RAT !S FOR BOND SAL !S ON SE WER REVFNUF ONDS . (Copied in full in the Of fi c i al Reaol ution Boo k .) • • • • • 0 I• • Mee ing of February J, 1975 1 COUNCILMAN JOUES MOVED AND COUNCILMAN CLAYTO SECOmED A MOTION TO APPROVE RESOLUTI OM NO. 10, SERIES OF 1975. Upon he call of the r oll, the vote resu lted a follows : Ayes: Council Members Jones, Sovern, Mann , Brown, Clayton. Nays: None Absent: Council embers Blessing, Ta ylo r . The Mayor Pro Te m decla r ed the motion ca rr ied. * * * • • City Man a ge r Mc own re se Pd a esolution r•quPstint the City's s u p p ort or th e Colorado Munic ipal League spon sored legislation on Police and Fire Pension Funds. He sta ted that the proposed legislation would do hree things. 1. Incre ~se the s ate pa r ticipation in t~e fundft; 2 . It would elim in e limitations on City contributions tha ~ are currently set b.'f the state; and J. It would give the ci ies he right to en er nto a reements with funds for escalation lauses end co t of Jiving cla ses . City ane er McCo wn ex lained th difference between the cos of living increases and the _sc elat io n cl uses. In answer to a ques ion by a1or Pro Te Mann re ard1 n whether this is a temporary or ~ -rman ent solu ion t o +he inflation pro lem, City Ma nager cCown explained the funding situation and how hie new legiele ion woul d increase he eta e cont ributions to lOS fro m t curr ~t 2 level. Councilman Sovern asked thi leg is lation . Assis an 1 i~ othe r cities have 1 an er Nolle ber e ~ eniiatior are v ry hat th at ire and police avor ~r hie legislati n d as 0 io anc fro these o a 1~• R!SOL wo 1 r c ive SE • OF 197 ndorsf'd s+ated mu ch in lob ying SION L!GISLATIOI A (Copied in full i n the 0 fi ial u• ion Book. ) COUNCI .IA!" A TI TO APPROV RE~ cal or the roll, he vote re A D CO U CI N O. 11, ~ERI S O' l d •• follow1:· 0 • • - • • • • 0 , . • Meeting o f February J 197 5 19 Ayes: Counc i l embers Jon e s , So vern, Ma nn, Br own, Clay ton. Nays: None Ab sen Council Members Blessing, Taylor. Th e .~ayor Pro Tern declared the motio n carri ed . ll * * * • Ci y anager Mccown stated tha he had r ~eived a letter from Dr. Irwin B. Lev y from the Ar apahoe Men a l Health Center ou linin a proposed use of h old Police/Fi re Center as a mental hea l th facility. COUNCILMAN J NE S OVED AN COUNCJLJAN CLA YTON SECONDED A MOTION T TABLE ANY ACT I ON 0 THE PROPOSAL BY TH ARAPAH OE !E NTAL HEALTH CENT ER REGARDING H OL POL I E/FIRE CENTER END ING THE CO AP LET ION F A SPA CE U ILIZA'r' I ~TUDY. Upon he call of the roll, the vote resulted a1 f ollows: Ayes: Council Members ones, Sove r n, Mann, Brown, Clayton. Nays: None Absent: Counci l Aembers Blessin , Taylor. The ayer Pro Tem declared the mot ion ca rr ied. • • • Coun 11 received a memorandum from he Assis an Ci•y ana er o h Ci y Ma aaer cone rning u1e of bulle i n oar1 in pa r k , schools, and Ci Hall o post infer a ion of f neral in•ere1t to h Ci y. wo.ild Ar I er c ow 1 at d ha bullet! boar s tria ba 11. Brown on or ta work ha • Co comm nity. ni•y • • • • • • 0 (• • Mee t i n~ of February J, lg75 20 COUNCILMAN BROWN MOVED AND COUNCTLMAN SOVERN SECO DED A MOTI N T GRANT $2, 500 TO THE 0 11 ITY ARTS YMPHOt Y. Upon the call or he roll, •he vo e resulte• as follows: Ayes: Counc i l Memb rs .Tones, Sovern, ~ann , Br own, Clayton. e.ys: None Absent: Council Aembers Blessing , Taylor. The Mayor Pro Tern declared he motion carried. COUNCILMAN SOVERN A MOTION TO A JOUR Upon resulted as f ollow : VED A ~ CO NCILMA N JONES ECOND J he call or the roll, th e v o• Ayes: Council • e ers Jo~es, Sovern, Mann, Brow , Clavton. Nays: None A sent: Council Me er Blecsin , Taylor . The ~yor Pro Te was adjourned a decla re d 10: 2 P •. e otio carried and D Pf 'y'cit,. i rk _,) he mee in •. • • ' • • INTRODU CED AS A BILL BY COUNCI LMAN SOV ERN. BY AUTHORITY ORDINANCE NO. _j___, SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSU ANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTI ON WITH THE DISTRICT. WHE RE AS, the City Council of Englewood, Colorado, pursuant to the Charter and the Munici pal Code of the City, and the Laws of the St ate of Colorado , hereby finds and determines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and es im t es of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creati on of he District and the cons ruction and installation of the improvemer•s ~herein has been published once a week for three co nsecuti' P weeks in the Eng le wood HP rald Sentinel, a newspaper of eneral circulation in the City, and in addition, a notice has been mail d, postage prepaid, to each known owner of real property w! hin •n pr~ cs ed District; and WH REAS, at the time and place set forth in the notice, the Ci y Cou 11 met in open session for the purpose.of hearing any o jec ions or protests tha might be made a1ainst the proposed is ri~+ o r e improvemen s to be constructed or installed; and •HEREAS, the followin streets were deleted fro the list or r et ~o be improved: l . Sou • Aco a re , f rom South aide of We at Stanford AvP u to ~~ h aid• or leat Tuft• A•enue fr o South Side of !a• Girard f aat Ha pden Avenu , ro Nor h aid• or I et Oxford fe • 17 h e1d• of a1 Y 11 Ave van • • • , ...... ( ( • • • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or imp rovement of the improvements hereinafter described, is hereby cre ated and established in accordance with the Charter and the ~-, Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plan s and Specifications. That the engineer's reports, together with all of the details, specifi- ca tions, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assess ed for the cost of the improvements and the area to be include d within the boundary of the District, shall be all the real prope rty specially benefiJ.ed, and fronting or abutting on the streets between the termini hereafter described, including th e real property within one half (1/2) block of such streets. Section 4. Description of Improvements. The kind of improvements and the streets on which such improvements shall be const ruc ted or installed shall be as follows: 18 •I • • • , - ( ( • • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lehew Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East · ide of Sr • West side of South Zun:l t. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the f ollowing streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Tejon St. Raritan St . u ,.( ..,) South Elati St. South side of West North side of West Yale Ave. Bates Ave. ~,. ... West Harvard Ave. !ast side of South West side of South Raritan St. Pecos St. South Raritan St. South side of West North side of West Warren Ave. Iliff Ave. South Raritan St. South side or West North side of West Harvard Ave. Yale Ave. West Warren Ave. East side or South West side of South Tejon St. Raritan St. 19 ' • • - ( • • 3. Necessary preparation of present surface, overlaying of same with two-in ch asphaltic concret e, and concrete walks, curbs, and gutter s, where not pre sentl y adequate; together with appurtenances and other incidental wo rk on the following streets and avenue s : ON FR OM TO ,, -, South Bannock St. South si de of West North side of West Tufts Ave. Union Ave. Sou th Pearl St. Sout h si de o f East North side of East Tufts Ave. Union Ave. South Washington St. South side of Eas t North side of East Stanford Ave. Tufts Ave . 20 • • • • ( • Section S. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be Assessed per front foot .against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by ( specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole coat of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the 1ame day in each year thereafter, until all are paid in full. The rate of interest to b~_paid on unpaid and deferred installments will be established by ordinance to be adopt d by the City Council at a later date. Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and th Chart r and the Municipal Cod of th City, local improvem nt bonds of the City shall b 1s1u d for the purpoa of paying for the local improvem nts d 1cr1b d in this Ordinanc , in an a1110unt not to exceed the cos and xp ns s of 1a1d i prov nts, including engin ring, 1 9 l and a, •• provid d by law. The bonds hall b stima s approved by th City Council, n Ord in anc to b pa11ed by th City Council • a lat Th maxi mu r of inter at on 1pecial improv n b n • rict No. 22, ahall no xc d nin (9) r c n p r bond• nd th hereon lh ll b p y bl OU of nt• l vi d ag a in1t th r al prop r Y d with n th D 1tr c nd 1peci1lly -21 - • • • • ( • benefited by the improveme nts to be constructed or installed. Section 9. Notice to Construction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tis ement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance sh 11 be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various ( provisions hereof are severable. • Section 12. Hearing. In accordance with Section 40 of th e City Charter, the City Council shall hold a public hearing on this ordinance, before final passage , at 7:30 P.M. on Tuesday, February 18, 1975. Section 13. Publication and Effective Date. Thia Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certific ate of Publication. This ordinance shall become effective hirty (30) days after publication following final passage. Introduced, read in full and passed on Iirst reading on he J rd day o f February, 1975. Published as a Bill for an Ordinance on the 6th day of Febr ary, 1975. Read by title and passed on final readini on the 18th day o f Fe ruary, 1975. b l iahed by ti l as Ordinance No. o day of February, 1975 . AT T: e oCC1 io Ci y Clerk-r ••ur r 22 Uayor -· Serie• of 197 , • • ( • • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio City Clerk-Treasurer -2) •. • • • 2650 South Te jon Englewood, Co lorado February 13 , 1975 CITY OF ENGLEWOOD 3400 S . Elati • 0 • Englewood, Colorado 80110 ATTENTION: Mayor Taylor Dear Mr. Taylor: I• This will refer t o your letter of January 20, 1975, written with reference to proposed paving District No . 22 --curbs, sidewalk s etc . We specifically refer to that portion of South Raritan Street, South Sid of w. Harvard Avenue and North Side of West Yale Avenue to which title is held by the und e rsigned and o the city of Englewood, amounting t 600 fe t . he owners have er cted no building on Raritan, n or are any plann d at this ti•e or in th near u ur ; n o buildings exi~t o n the opposi t ~ sid o f the str et . A the ci ty alr ady appears t o h v b co• ov r xtend d in i mprove• nts financing, and ~h re being n o pur p os e served by pavi n g or o ther public i•prov m nts o f this pro perty, th und~rsign d tand o ppos d to exp nditur f o r such impr o v m nta under a paving District. V ry tru ly y o urs, • REFFEf. /I ' J. YNES 1...,. • • f • - I • • .. • • • • 0 • ' . . . . • • ,,. I 0 .. - " • • • .. -' I • - 0 • • • - • • 0 • ~·· ENGL FWOO D PUBLI C LIBRARY BOARD Februar y 4 , 197S The Engl ew ood Public Li b r ary Board met for its annual aeeting on Februa r y 4, 197 5 in the In-service Train i ng Room , City Hall. rwnr Pr esent: Clayton, De uPree , Kuhlman, Lighthall, Maxwell , Quaintance, S ha ttuc k , S i mon, S e rlin9 The m e t in9 w s c l led to orde r a t 7:35 and a quorum declared present. Cha irm n Lightha l l i ntroduced the Board me mbers to those present, and th y i ntroduc ed thems l v e s to the Board. They were Mrs. Eva Rader , Mrs. Donna Mil t on, Mrs. L e ona Snodgrass, Mrs. Peggy Hatten, Mrs . Lorr ie Pont ine, Mrs . B r b r Bu r get a nd Mr. and Mrs . Roy Jensen. Mrs. Mil ton stat e ment to the Board about the book Beastly n d Gh t ly (see appendix I) Sh e said that she and h er upporter s did n ot •ant th book banned, but reaoved frOll the public section of th libra ry . S h e ha s read th exce l lent revi ews of the book, but di agree wi th them, and sai d ha t she wondered i f the reviewers had read h book. S h e st t ed t hat she b l i ev s this book to be dangerous . Her daugh t r, eight y ar ol d , ch e ked out th book frOll the bookmobile . She th n read fr om a l1>th•r b y Mrs . Roy J e nsen and mentioned the results her group had in m t i 9 •1t h Princi pal Blea i ng of L ow ell Eleaentary School , trh ere th book •i ll be on the l i rar i an • shelf and unavailable to ch i ldren under fou rt or de Sh 1 o quoted Dr . Hanley , a psychologist wi th SEMB ECS, h said wr o e lette r to her agre ing with her pos i tion on th boo~ n o p roduc the let er to read it to the Board, although she pr h •ould b h ppy to talk to any one about it and tha t h woul d ot h l et er a a lat r d te . d Mrs. Mi lton xactly wh at her groap wa s t rying to accott- s i tha t t h y wa nt d to provide supervision and uid nc fo r boo , taking i out of the children's s ction of th libra r y or putt1n9 i brar1an 1 s s h lf •her th discretion ot the l i brar i n would • ich hi l d would b p rmitt d to read the book . l tt r and p t 1 t i on n s posa i bl • Mrs. Milton then r d a f o r r hi gh school pr i n cipal and at 1 1 1 30 W t xpos i t ion Av nu , ~ou th 'l a i ngo Co ur , nv r . t dr aa . • tt r of r c ord, ch g • • • • • "~ I • t}:Jlf t m2rm -2 - Mrs. S imon tol d the p e o l e at tend i ng the board •eetin g tha t the Board is onl y a n advisor y gr oup and coul d make no dec isions , a lthough i t h as the p ow er to r eco1D11end. She t h e n moved t ha t the l i b ra r y boa r d take the aatter present ed by Mrs . Milton under advis eae t and repor t •ithin 30 days t o the Eng l e•ood City Council and to Mr s. Mil ton. Mr. Max•ell s e c on d e d t he motion and it •as a p proved una n i mou sly . Mrs. Simon then mo ved that the board revi e• offic i al lib ra r y pol ici es and procedures so the pr o cedures c o uld be k ept current . Mr. Dupree seco nded the motion. The motion c a r ried u nanimously. Mr. DeuPree moved that a mee t ing be h e l d a t 7 :30 February 11 fo r t he s pec ific pu rpo e of discussing a nd rec<>111me nding to th e Ci ty Counc il the dispo ition of t h book Beas t ly Boy s nd Gh ast ly Girls. Mr. Sha ttuck second d th motion and i t carried unani•ousl y . Mr. OUA i ntance move d th~t the minutes of the Janua ry me ting b e approved as mailed •1th th correct ion that Mr s. S t rling arrive d at 7 :55 and ~ 8:55. Mr Ster ling second d th a o ion and i t .as approved u nani ous y. Mi s Lute g v th librarian• repo rt. Th e c i r c u lati on for Janu..ry • s about 1000 h1 h r tha n tha t for th previ ous J anua ry. Sh p o in ed ou t tha •h1 l ti on s down over last yea r th 1974 fig u~es incl u d d Sinclair Media C n er. which is no longer in ope ra t i on a s a pub lic librar~ I If only th four eleme n tar y school aedia c nters ar c ount d, th ~ir cul a tion i slightly hi gher t han 1 974 . T h numb r of paperbacks c1rcul t ed was very h igh, and the 8 .. f i las al o circulated • 11 ince the lib r ry can no long r upply 16 aa fil•s. T r te r ence q uest i ons sked ar up 400 o ver last J anuary library a ~d al most 2 in th bookmob i le. Att nd nc a t • t i ng has re d roughl y th for r ~1ldre n . but thr nu r ot a dults a 410 , ~rtly because of off r d by the 11br ry on ou door camping , skiing, and l, at •hich th a v rag a tt ndanc s 93. T h s •i n i- nt d by th School o f Outd oor Li v ing. ich showed t y ar. •ith- 5474 ing di tu ut d opl to th ntly a • nt 1 at • • • • • -3 The Board then discuss d the work done by the committee to study Friends of the Library groups. The guidel ines es ablished by the c011.11ittee were discussed. (see Appendix IV). Mr. Quaintance moved to accept the report ot the coaaittee on the establish- ment ot a Fr i ends group. Mr. Shattuck seconded he aotion and it was unanimously approved. After some discussion on whether the Board wanted to follow the COlll.lllittee's report, Mr. DeuPree noved that the Library Board estab lish an organizat i on known as Friends of the Library. It was seconded by Mrs . St rling. Mr. DeuPree amended the aotion that this be done in the framewo rk of the document dated 1975, Friends of the Library , which is not to be a limiting document. There was some discussion about the motion . Miss Lut told the Board soae of th ways she thought a Friends of the L ib ra ry group could b useful: to help with the local history collection, to take library mat rials to the homebound, etc. Mr. OeuPree then withdrew his mot i on. Mr. Shattuck aov d that the Library Board continue to consider establ 1 Friends group through the subcommi tt ee tha t ha.a be n studying i , and that they take into con siderat ion the discussion h ld er i n further r tining their plans and report back to the Board in 60 d ya. I w s second d by Mr. 0 uPree. The motion s approv d unaniaousl y. Mi s Lute old th Board t hat Virginia Thcap on ask d i t the libr ry would like to bu~ h cachets left from the Cherpex ale. As hey ar con i d rably aor expens1v than city env lopes , i t wa s d cid d that he library could not afford it. T r being no urther bu ines , the • eti ng w s adjourned at 10:15. Re!!p ct fully d, J I~ (.., l 0-. Carol A. p 5f'c ret ry r d • • • • ,. -' • . • , . • APP TX I • • , • • 0 •• • TAPE OF Ht:. DI SCUSS ION OF BEAS""'LY uOYS AND GHA STLY GIR LS, PEBRARY 4 Lois Lighthal l : I s ee hat we d o have a quorum and so therefore we are prepared to proceed. For the benefit of our gue ts here tonight I would like to introduce the memb ers of the 1 rar y board to you as I think that you mi ght find it p r hap helpful. I wi ll start down at the end of the table to my left; M.r • John Simon, Mrs Duan e Sterling, Mr . Emmett Kuhlnia , Mr. Earl DeuPree, Mr. D v id Clayton , Mt. John Maxwell , Mr. Al Quaintance and Mr. Harlan ha tuc~. I am Lois Li ghtha ll. Now, I think we would enjoy know i ng who you folk are. Would y ou in roduce yourselves to us , p l ase. I'm Mrs. Rader, EV'\ Rad r. r• Pegg ~· Hat n. I'• Lor ie F'o • Jens n. on.a Mil t on. I'm Leona Snodgra s. I' I'm Barbara Burge t. Ruth Jensen. Roy Mi ss L ighth 11: very much. The Boa r d of t he Englewood Public Library we lco r nd ur o t her guests. Mrs. Milton hns request ed I' -' place ~ he agcnd to sta tem ent about Beastly Boys and Ghastly Gi rls , a bo k ·n t~f childrQn' d p rtm~nt at th Englewood blic Library. • th s i r gul rly scheduled libra~y board aeetin9 , we wil l be abl e t onl y tro your spokesman ~ e w·11 n o g 9 in any d bar wit you out th< book. At th i po~n ould , happy to hear her r rks . Mi Lighthall: ur lligibl ) . it with d t. 1 U r today - would lik• , do you h ell you th t 11 th 1 ii not t•f r nc ut i u tion to re. • • f • • • 0 - .,.. f & -2 - Mrs . Milton: ua hua •.• (uninte ll i g i ble). Miss L i ght hall : perhaps have to fill the board in on tbe basic i dea Mrs Mil t o n: sure ••• (unintelli gible). Mi ss Ligh tha l l : but I don 't b e lieve i t i s appropriate for you to Mrs. Mil ton : OK Mis s Light hall: q uestion Miss Miss Lute: We better c larify that . I 'm an e x officio aellber . Miss L ighthall: Yes s h e is , b ut what I '• saying is that I don 't bel ieve we're going t o engage i n a q u estion a n d a nswer session. Mrs . Milton: The para g raph wa s s pea king of sa ys : "Parents c annot 1 y auth ors, edito rs, r e view g u ides or any on p romoting children's Ji erature s etting stan dards slmply b ecau they re profess i ona l s. Paren ts a ust on their own innate sens<' o! what is decen t or ind ecent, good or bad, or wrong and set u p absolutes. The line mus t be d rawn s omelfh er " All~ ask ing is that we get a lit tl b it ot h Ip 1 r 09 th lib rar ies theas l ve e Councilman Cl y ton : y I ask tor th record tha t that quot e b Mr . ~llton: From th letter ~f Mrs . Jensen: Yes1 it's Mr s. Jens n, s it ting over there, wrote us t h is let t e r and i t '• two pages long b ut the main gist of the letter, l think . kind of s uas it u p in t h e last graph . •ve a lso b en to schools as you proba bly know. We r ceived good settl .•• coapre11ise s ttlemen , discussion with Mr . Pau l le s s Lowell and he ore d with us th. t this sho u l d b put on a lib rarian's · ot shelf, us din at ach i ng at1DOsphere on ly a nd e v en th n b y n o one fourth gr d . He , ah, h f els as • do that the c h ildren are not of understanding thls book. Ah. I thin tb re's p l enty of adults wouldn 't underst nd th h llaor. I don't •y s elf, but that's besld W , u , h r w 90 again. I didn't realiz it s t hi s ha rd to a p opl • H rvous up b r . Let's s Oh. We ha v. a l s o 90tten t p tit ion and• hav 500 or 54 sign tures on th titicns ot par doc ors, t achers tnat do d f init ly a9r• •th w t we 're tryillil al hav tt•r frOfl a S EC9 p chologi t that stat•• about .old you • t this book u der QUid nee. t>on just 1 t it out D d yo • qv st1on? d: you conv y d a rat r il'l1. r ""· ilton1 Mr . to ra. on1 You• n • !no to O't H • uP • "' -I • • -• 0 I• • ..... $Z -3 - Mrs. Milton: We're try ing to get soae superviaion and guidance for this book. We aren't trying to get it banned. No book should be banned. We're not trying to tell Miss Lute how to run her library, we're trying to get her to s ee what •e do •ant . I t •e could get it out of at least out ot the children's section or maybe on a librarian's shelf, I don't know whether they have that in a public library or not. Some •he re where if a child •alked i n and apecifically want e d this book the librarian or trho ever could pretty much use her discr e t i on as to age or even -ntality. We don't •ant aaybe a retarded child 9 tt i ng it or a child •ith mental probleas gett i n g scaeth i ng l ike th i s beca use t hey c ould very easily turn around and use i t. Was there a ny other, anothe r . I t hought thia gentle11&n back in the glasses Mr . Deu Pree: I t j u st come s to my mi nd tbat a this book •ith in a very short t i me mu st have become an extreme ly best seller it you can come up •ith a list of 5 00 and some people who have enough kn<Mfledge about this book to sign a pet i tion i n regards to i t. Mrs. Milton : Well, most of our people, the people that have signed it 1. tr i ed to read it tron cover to cove r . There are delicious poeas i n it-- there are some real cute ones, s om e ve r y good ones on aanners and styles thi s s o r t of t h i ng also . Mr . DeuPree: Well , the author •i ll c er tair ly c om.end you because (unintell i g i ble ) help h i s royalties . Mrs , Mil ton: Well I su r e d on't •a n t i t to do that! Mr . De uPr e e : W re the doctors th t a i gned the petition p sychol og is ts ? Mrs. Mi lton : One • s a psyc holog i at tr oa SEMBCS, yes, Yea raychol f r om SEMBC S sign ed th , • 1 1 he d i dn 't s i gn the petition -he •rote 1 tt r n d sta ting b i s °"" v i ews on -feel i ng like •• did but he di to pu t it on the pet i tiona . Mi ss Ligh th 11: Do you h v that letter? Mu. M l t on: Di d y ou b ri ng the Mu . Sn o dg r s s: I c n • Mrs. Milt Oh no. Mr, h t UC I n you Mr . · 1 tons y r nodgra s a: Dr. H Like I s y, I d n't Im you c n ' t b 1 i v 1t, but i t i Dr. H n l l ocate 9iv u 1 tter i t . his n •ith 1 ba ah -you can COii I ' oot a lftlole I loo d tonight Mias Lighthall1 I'a aorr y you don't ha v i t caue u f u l to h v Mr , yo • Utont a t d th t •o ld b aor t "'~ I • • • f • c • 0 • ay-o > -4 - Councilaan Clayton 1 Can you get us a copy of that letter? Mrs. Milton: Yes . We can get you a copy. Definitely. Councilman Clayton: Could you a lso get us a copy -I think you can bring it in the library, we can probably photostat i t , a copy of this petition? Mrs. Milton: Sure. I'• sure we c ould definitely get you a copy of that. I don't see any .•.• Councilman Clayton: We have some photosta ting equipment here and we ••• (un inte lligible). Mrs. Mil on: Yeah. I'm sure we would, but we can surely get •ea in to you. No , ah, it'd probably be t<>11or r ow af ernoon or t011orrow evening, probably. Don't you think we could (to Mr s. Snodgr ss )? I don't drive person&lly and this is my c hau ffeur (referring to Mrs . Snodgrass) and that's the whole thing. W can get you the copi es of aost anythi ng you would like. We have g o ~ t rr s from just about all over . Those, I r ealize, don 't aean too auch but we h one letter from a p rincipal of , ah, I don't , she's got it or I do. Mr s. Snodgrass: Ex principal and high school teacber ••• (unintelligible). Miss L ighthall: Perhaps you wou ld read tha t in ••• (unintelligible) •••• and will have it. Mr s. Milton: OK . Wou ld you like, do you want a photostat 11&de of this one also or just re d it in. "' -I Miss Lighth 11 : Well I think if y ou read it onto the tape ••• (unintelligible) ••• photos tat. D ar Mr s. Mi lton and Mrs . Snodgrase. This ie aeant s i aply !tore eet forth in the Rocky Mountain we c ae a long y when we -re concerned and a ore car ful about wh t go s i nto th belly than i nto the aind. Who trOUld dare spoil d !ood in our school cat terias. Yet we are supposed t o s any kind ot garbag or r h to eag r iapr ssionable young ainde. Y ind d, th irr velanc and i .. orality do become part of the child's v syst -or lack of t. y w 11 WOl\d er if •011e o! the l i t e ratu r , art and rtain nt is not inspir d by aore than lu•t for the quick buck u rath y a calculat d eftor to br k d own our national aoral .fiber with a good d o ap • nc rely, Bud and Kathy Scbroed r. ch f 'a ur t s it , it'• printed d o.n h r • l'oraer H1Qh hool c HR 0 D R ••• (unintelligible). o. ( l'\sw r taught). Could you 1 o r d nto the r c ord th addreee o! s rs • Mllt c: il n Cl •i9 pl «:At n •• Mr . Milt I 111 A~ nu . nv r, Colorado 0226. • • • , • • 0 I• • ' I > $ .... Miss Lighthall: Do you have any other material that you feel now will be pertinent to reading to the record, as it were? Mrs. Miltont We have material that stretched, to I think, out to all over. Miss Lighthallt Well, something shorter than that •••• (unintelligible). Mrs, Milton: Oh I prOllise not to g o quite that tar, Ia there an envelope laying over there? I wanted Mr. Skapa•a address. He's also a teacher at a private college. And I know I had it someplace right here. Mis s Lighthall: What privat e college. Do you remember? Mrs. Milton: No m'am, I didn't ask the gentleaan. Miss Lighthall: In this area? Mrs. Milton: Yes . Ah -he lives at; Mr. K. A. Skapa, Is it, he prono ~ce d it once tor •e but I never d i d ge t i t quite right. He lives at 894 South Flaaingo Court in Denver, Yeah, Denver. And he also ah, when he called he was very upset. He is, wa s originally born in Caechoa1ovakia and ah, he said that he could not get over the difference in children here and there. Of course , now I don't know about them. But he also aaid that no one aeeas to really care what the kids read here . That a lot ot their reading bas to do with maybe their behavior. U., He was very explicit and he said he , well he also works tor t)i ited Airlines ao aa a. I don't know, part-time airline driv r or s09ething, I don't know. But he d i d say he'd be •or than glad to c09e. In tact h was supposed to caae th i s evening. But I don 't know, th e roads a ight h v kept him away. He aay be here later, I don 't know tor sure. Bu t he is a college professor and baa aany degrees . So that is another one. Can you think of anyone else that was supposed to come this evening and isn't h r yet? (to Mrs . Snodgrass) Teacher or likewise? Mrs. Snodgrass: No , because I didn't ah, puah the i aaue about anybody being here excepting ••• (unint lligibl ) .•• Mrs. Milton: We don't wanta swamp you -we had a lotta people tell i ng us th y would like to coae and sp ak and a lot of them wanted to holler . W tried to k p that dOtfl'I. Miss Lighthall: Understandabl y, our tiae is certainly liaited, Mrs. Milton: Definitely • Mi •Light llt and .•. (unintelligible) .•• aa I e&y we do have other it .. s on th ag nda yes and I'• aur you don't .. nt to k ep us ••• (unintelligibl ). Mrs. Milton : Ia there anything el that I c n. I don't quite know quit how to go about this, but is there anything else that I can aaybe • y that would help you. Mi • Lighthallt y •• Mr. Clayton. Council• n Clayton& Por a • tt r of record I tbink lt •iobt .. 11 to h ach of t peopl o would lik to prot et to step to th a ik and giv u1 th ir n and addr • ao • '11 hav it. I }hink this ou ht to b a tt r of record ••• (unintelligibl ) ••• r think t wou d • 4 • • • • --~--> am . -6- be wise to have it •.• (un intelligible). Mrs. Miltonr There is one other lady who has the flu so bad it you •ant I can give her naae and address. If it would be all right with you. Councilaan Clayton: If you want to state. I think, that to your know- ledge she is opposed and that -state it that way for the record then I think it's all right. Mr. DeuPreer (unintell igible) ••• not opposed ••• (unintelligible) •• ,in favor of ••• (unintelligible), Mrs. Milton: I thought aaybe I'd have her signature ti.re, but I don't, Melanie Hosek has the flu, She feels as we do as far as I kn ow . She lives at 3000 South Grant, Bnglewood. Mrs. Snodorass: Do you want just our naaes and addresses or phone nuabers also? Do you want phone nuabers also? Unidentified: It wouldn't hurt. Mrs. Snodgrass: All right. Leona Snodgrass, 7665 South Blati, 798-5532. Miss Lighthall& Now that is Littleton? Mrs . Rader: It's Eva Rade r , 1030 East Briarwood Circle South, 795-0871. Mr s. Pontine: Lorrie Pontine , S463 South Prince. 79S-5837. Mis Lighthall: And now that's Littleton? Mrs. Pontine: Y s. Mr s. Hatten& Peggy Hatten . SO.CS South Galapago, 789-1454. Hrs. Burget: Barbara Burget. 4108 South Inca telephone nuaber 789·01S6 fro111 Englewood. Mrs. Jensen: We are not part ot this group. Do you still want •••• Mi s Lighthall: It you wish to, •e •ould • lcoa having your n ... s and addresses, yes. Mrs . J ns n: Ruth J ns n , 670S South nt r . Mr. J ns nr And Roy J ns n , 6705 South ta r , Littleton. Might I add not lone this book, but th re could be others, eitb r in the library or c a.i ng into th library , that aight h ve obJectionable th ga. Mi Lighthall 1 Thank you, Do you te 1 th t you have s id what you •is h to ay? lecaus it you haYe I h v a stat f'flt oi two to r d, Mil ont Go ah ad, Mh L i ghthallt ut I don't want to ••• (un nt lligibl ). • " -I - • • • • • 0 - ·$' w > ... -7- Mrs. Snodgrass: Now what happens? I mean, do we, she has given what we feel about this and we would like to know what happens; there's no Miss Lighthallt What happe ns now is that ah, I have a couple of items bere that I would like to read and then since this is a board •eeting, we will then see what type of motion is made and from there we will 90. We will have to follow the Robert's Rules of Order on this. I have two ite•s I wish to read into the record. The first one is a letter from Rdna H. Maples . Edna is a certified school psychologist for the Engle- wood Public Schools. (see appendix II) The other state•ent I have to read is from Muriel w. Parrott. M.A., Certified Psychologist. (see appendix III) Mrs. Sterling: Lois, I think that ••• (unintelligible) ••• at a later time. Miss Lighthall: That would seem reasonable. I think we can certainly schedule an additional session of the Board to consider just specifically this problem at a ti•e when we do not have a full agenda. Mrs. Siaon: Madame Chair .. n, I think it •ight be helpful to these people to let thea know if they don't already know that this group is strictly an advisory board. We don't really .. ke the rules; we do advise City Council and we .ake rec011mendations about library policy, but actually the real fufillment ot library contracts and library work is a function ot city , and while I think we all take rather seriously the trust put upon us , as library board •embers we actually do not have the power to do the thi ngs that you're asking us to do. ~ ai i dentitiedt We know that . "' -I 4 Mr s. S i mone I th i nk the City Council listens to us. I think we feel very comfortable in giving the• advice and benefit of our wisdom and .,. have all be n asked to read this book and I think we're knowled9e&ble. I do think that you are to b e complimented as concerned parents, that you're interested i n the ••• (unintelligible ) ••• a nd try bring things to us but I d i d think you should know we don 't make the rules , we advise and I do think we have to t a lk a bout i t and -h a ve to take it under advis-.nt so that -can give a sta t eme nt to the Ci ty Coun ci l for th ei r act i on it they choose to do so. Mi s s Lighthallc Beve r ly , may I have a •otion fro. you. Fro. some one ; I didn't 11ea n •• wi th rega rd to. We n eed a •ot i on to t a k e th i s unde r advis •e nt. Mrs. Si•on: Well, I •ove tha t the lib rary b oard take the mat ter p r esente d by Mrs. Milton und r advis ent and report , (Should I put a ti .. in it?) wi thin 0 days to th gle•ood City Coun cil and to th ladies who have pr s•nted it • Mrs. Milton: You will t 11 u s about it? Will w , shou l d b at your • ting lfh n you're discussing thi s or what ? Do you wr ite us and tell u s what )'OU dvi.s d or should • b h re or what happens ? Mrs. i Wh t would b your pl a sure on t hat, Ma da• <:bah.an? I think, I think, th n xt proper s t p, w • to us nd tor th t t h nk you, becau s Mi ss L ghtballi W 11, hav pr s nt d your vi fW"ction llh n you only log lly would b tor u to th Cl ty Coun 11 who a our t lino • h 1t th probl •. a ut t think our n xt st p our gath rin g nd k our r c pl sur eith r will or will no • • • t • • 0 - ·---~ --£2_ , ....... , -8 - Mrs. Milton: No, no, what I meant was should we be there or ••• Mrs. Snodgrass: How will this be taken under consider ••• Miss Lighthall: Well this will be taken probably at a specially called board meeting to consider this specific problem when as I say we have not got a full agenda that we are obligated to get on with the business of. Mr. DeuPree: Point of order. There is a motion on the floor. Miss Lighthall: Yes there is. We have no second. Mr. Maxwell: I'll second the motion. Miss Lighthall: Tha nk you. Now we can continue this discussion. Mrs. Milton: Will we be invited to the meeting? Miss Lighthall: Well, this is a difficult question, Mrs. Milton because as you know these are public meetings. We don't hold star challber sessions. Any board and c011aission and all city council •eetings are open and free to the public. However, we will undoubtedly have to have a special •eeting because our agendas are full and it would be very difficult for us to put out notification of time bee&use we're all people with co .. itllents and different nights and unavailabilities and I think we~re going to probably have to settle for the best t1-that we can soaehow all get together and that may be in two days and we may not have sufficient ti•e to notify all and sundry who are interested. Now if yoa are ••• Mrs. Milton: Could you maybe c 11 me? Miss Lighthall: I see no reason why we can't. Mrs. Milton: I think Miss Lute has •Y phone number. Miss Lut e: Yes , I have it. Mrs. Milton: She does. Miss Lighthall: Fine. Well why don't we leave it that way and then we'll get along with th business. There is a •otion on the floor and I have a s cond. Mr. Quaintance: Call tor the quest i on • Miss Lighth 11: All in favor of this •otion? (Ayes answered) Oppos~. (No answer) The •otion is carried, Well I would again like to thank you p ople both tor your cone rn and for taking your ti•• on a very cold and dr ary night to ca. down and gather with us. It's ve .ry slippery; I aoved ay car not long go and man it w • really icy out. Hope you'll all b careful on your way hoa • Let •• t 11 you that you are welcoa to stay tor the r ind r ot our • eting it you are interested. It's not very interesting, r ally, but •• but ah. (All guests attend i ng th • ting left at this point in the ... ting). • • • ,, , • 0 •• • ..., s ram.:. 17 APPENDIX II • • , • - • • 0 • .. ---~-., , Englewood Public Schools 4111 SOllTll IAllllOCI STRm I ncuwooo, COLORADO IOlll I mEPNOlll Qll m-7111 DONALD W. HAR,U, Superlnludellt January 28, 1975 Ms. Harriet Lute Director of Libraries Englewood Public Library Englewood, Colorado 80110 Dear Harriet1 .. fl You asked my opinion of the book, Beastly :oys and Ghastll Girls. I especially liked the foreword in the boo , written by W lrraiil Cole, the editor and collector of the poems. He made it quite clear that some of the poems are exaggerations 1 and that no one would ever do •such wicked and horrid things•. It seems to me that any child who is old enough to read these poems himself, and who likes poetry, would be sophisticated enough to understand the tongue-in-cheek messages of the so-called violent parts. If, on the other hand, the poems are read to him, that problem belongs to the reader. It also seems to me that if a parent objects to a book, any book, then it is reasonable to suppose that he/she can make a hard and fast rule for his/her child and that the book will remain on the library shelf, at least, it could be returned there, Who is to say what a child is to read? It has not been proved to my satisfaction that reading fantasy harma a child. On the other hand, fantasy may stimulate a child to be creative and perhaps to work out his own feelings of what is real and what is not. Now, if violence is the main objection to the poems in the above m ntion d book, then we sur ly need to look at other media such as T.V. and movies, which children vatch many more hours a day th n they read. If w are to take all violence and fantasy away from children, then we elil'llinate many fairy tales, history books, the Bible, newspapers, etc. I s no reason that this particular book should not reaain in all librari s and be used •• it was probably intended, as entertainaient. Yours truly, ~ olv 411 ~ 1.J. • ~£.- dn H. M ples c rtifi d School Psychol09ist • "'. I -- • • " • "' -I •. 0 • ,a.~cr tPJC r 7f! APPENDIX Ill • • I • - MENTAL HEALT .H CENTER I NC. OSI Soo th B•Mdw•y loatr-.t. Coln 80! IO 161 -067 0 8RNICH OlllCCS tue Se 8<oa dway UttiflDll . Coto 80111 794 ·9S'I m ll•sl•I SI . Allrln . CM IOOIO JM-tlll • - The Opinion of a Psychologist on the book Beastly Boys and Gha s tly Girl s , Po ems Collected by William Cole and Drawings by Tomi Ungerer, Published by The World Publishing Company, Cleveland, Ohio. As a psycholog ist with 30 years experience in the diag- nosis and treatment of children's problems, I have been ask- ed to read this collection of poems and look at the illustra- tions from cover to cover to determin' whether they contain the kinda of description of violence that may be enticing, harmful or frightening to children. I have done so. To be sure, there is violence in many of these poems. One boy nails his sister to the door, another asks for a pan so that ~e can make his sister into a stew, and a father throws his annoying child down the well. There are frequent references to people hitting, kicking, spitting and spankina each other. Many of the •iscreants, particularity if they are children, come to horrible ends such as being eaten by ·· crocodiles, drowned by fed-up parent• or 1natched away by hobgoblin• and mon1ter1. Ye1, there are poem1 that are gory and/or 1cary. The point i1, are the1e poe.1 or illu1tra- ····-__ ----··-t1on1 likely to be harmful to children! In .., opinion, they are not . Quite the contrary. • It 11 a payc trologic1l trul .. that all p'ople have angry fee ling• and viole n t , a ggre11lve l•pul1e1 tav~rd other1 . Pa r t of a child'• wo rk in g r owing up i1 to learn to a c c e pt thi 1 part o f h imself , t o 1ee it a1 regratable but universally h wna n, a nd t o find wa ys o f c oping with the1e feelings and im pulse• in wa y1 t hat neither hurt othe r1 or him1elf. He must a 110 lea rn to 1ee a nd a ccept aggre11lon ln other•, even par- e nt s, 10 that he ma y r e al ize that they are human too and fdr- giv~ t hem and 10 t hat he ma y prot e ct himse lf from othe rs whep t hey e ngage in .. n t ally o r phy1lcally destruc tive be havior t oward him . Finally, h e .. ,t learn that open and unthought- ful expre11 ion of the 1e viol e nt l mpul 1e1 ge ne rally will e voke pun itive, r e j ect i ng a ttitudes or behavior froa othe r peop le . I see the poet111 and i l lu1t ration1 i n Bea1t ly Boy• and Ghastly Girls a1 an attempt to l i gh ten the burden of 10111e of that learning by dealing with the1e more di1heartenio1 a1-,' pect1 of life in a humorou1 way. If some of the humor 1eet.1 in bad taate or n edlea1ly macabre to anyone,. we 91\llt r...-ber that we ere individual• with varied backgrounds and ta1te1 and can't 111 lau h a the , ... joke1. The important point 11 that. whit i• in bid ta1te i• no neca11arily harmful. Huaor la one way of g tting a handle on probl .. • with your1elf and other1 . Of course it is not the only way. R liglon, Scouting, talk• with parent• or oth r good friends, and learning und r1tandl0& oC our political 1y1t .. era other way1 to aet per1pectiva on theae feeling• and how to handle thea in 1ocia lly a ppropriate way•. Agareuive, d 1tructiva UlpuhH can be dilc baq .. hanale11ly throuah dre .. 1, 1port1 pe rtlclpat l oo or .,,.. kicltlJ ca.petltlw card , .. , , or c• be dir ect ed uMhllJ lat• e ffort • to ...,rDYtl .... ••,.ct of our .. rt•. I . I I~ " -' -- . . - -·· .rr. • .,.. __ _ ' ... ( • • 0 I • • t_OWq (2) Hnny recent psychological studies arc clear in indicating that there is a kind of portrayal of violence that ls likely to be harmful to children. Children (as well as some adults) are unfortunately in• flucnced toward anti-social behavior by vivid television and movie hcros and heroines in programs like "Mission Impossible", or "Bonnie nnd Clyde", or "The Longest Yard", where sadistically aggressive be· havior toward others (no matter how deserving they are of it) la ?' 7 7 ~ade glamouroua and exciting. What la worse, theae depletion• of vio- lence do not alt quietly on aome library ahelf,·1>ut arf advertiaed widely in a vay to entice men, women and children to want to aee them. In sul'l'lnary, I want to expreaa my approval of parent• who are con• cerned about mesaagea about violence that are coming to their chil- dren. I, too, regard many of these messages as dangerous to the healthy handling of aggressive feelings. In my opinion, however, Beastly Boys and Ghastly Girls doea not fall into this category, Rather, it attempt• to give children a perspective on these feeling• and impulse• in theaselves and othars through hU110r. Aa with any kiD4 of coamunication, it .. J fail in its taak at tiaes. I would hope tbat parenta, teachers and Ubrari-• are .. tntainina a c~atant dialoaue with childr• to find out if tb97 are understanding tlbat tb97 an readlnae _. 111aat 'it nal17 ..... to th-about th-elfts _. odler ,_,1.4 •"'.'._ v"7 · I . ·, -?74~~--~: • Aadal V. Parrott, .... £e I rl'ttf~ ,.,..hlUt'} '; , I , . .,/-~ ~·· ---,' · .. , ''°' (I . r--I I ' . '•' I I ·I I I ,o I -< ' • -•. 0 I• • • 'SW J ' l APPENDIX IV • • • • • 0 - ENGLEWOOD PUBLIC LIBRARY 197 5 FRIENDS OF THE LIBRARY What are Friends? A group of citizens in the c0111Dunity who have col!lllon concern for their library's active expansion and participation in cocmnunity life. They have conviction that good library service is important to everyone. They work under the direction of the Library Board. There should be a Board member at all Friends meetings. Ex Board members automatically become members of the Friends group. Why organize Friends groups? Purposes vary depending on group interests and c0111111unity needs. Friend• have bean organized with one or more of the following objectives. l. To a i d in publ i c relations bys Infonaing the c0111111Unity about the library'• servi ce• and prob leas Communi c ating the n e ed s of the c oanuni ty to the s taff and Library Board Call i ng publ i c attention to outs tanding achievement• of the s taff 2 . To encoura g e gi f t s , endowments and memorials for t he l i brary. 3 . To s upport l i brary legis lation o r appropriat ion s . 4. To tnte nsify c0tmn un ity awa reness and use o f the library . 5. To campaign for a new buildi ng or the modernization a nd expansion of an existing buildin g. 6. To spon or progr designed to a dd to th cultura l life of th c ocmnunity1 Liva Theater, auaic al pro r ... , fil .. , rkahop1, ate. 1 . To take material • to h -bound patrons. 8 . To help set up and aaintain a pi c ture fll • 9. To spon or te a s and displ aya. ;-' • • . ~ • 0 • - ,....,.9-lX st 10. To help with courses offered by the library. 11. To help organize and d i stribute a Newsletter. 12. To man a week-long booth during National Library Week. 13. To distribute welcome letters to Newcomers. 14. To supply nursing homes and hospitals with library materials. 15. To sponsor book reviews. 16. To sponsor a writing contest with prize• and recognition. 17. To build and sponsor float• for parades. 18. To assist in the collection and organization of local biatory • • • • • .. f • • 0 I• • Any one who pay s d ues. (Us ually .j,1.00 ). It is d c::;i r :ib l c-to h;we all conununity ">ri;an izations r e presented . In t his connec tio n i t i s o ft en a s ked, why wi th all the existing organizat i ons i t is ne c essary to f orm a new one? The library is usually tax s uppo rt ed and free to everyone, while most or~anizations have spe- cial r equ i r ements and limited member s hips. To represent the community c~mplete ly, everyone must be eligible for membership. First, develop a planni ng conunittee. It should be small and consi3t of people with a prov en conc e rn f o r the library and interest in forming a Friends of the Librar7 group for action. ~ Planning Cormdttee should decide: 1. Ti m~ and pl ace of fir s t meet i n& 2. Whom to i nv i te? (A big initial meeting is not essential but the planning collllli.ttee should make evef7 effort to get a representative cross-section or the comnunit7 at the first meeting.) J. How to noti fy -i.e. personal contact, post card, fora lette r, t elephone C'all 4. Who will be ct-.airman of the first meeting / 5. Who will explain the purpose of the Friends ~. ~lh e ther t o o r gan i ze at the initiill meeting or to eet a l a ter d a te f or orcani.zati on meeting 7 . Lenct.h o f meeting (Inn't l e t i t. run too long -better to meet ac;ain.) JL. At t he f irst meeting agend ~ mi ght i nclude : l. Welc~me by chairma.n or librarian or r e presentative or board of trustees 2. Expbnat.fon of purpo e &nd function ot t he Friends J. Re solution to form organi zati on 4. If po ssible, election of officers -President., Secretar.r , Tre :s urer ~ At the first tin or succ1 ding 111 ting a c t ion llight bl taken on : l. Adopt in conatitut ion &nd bylaws -2- • • f - • • ! rt. ' ' ' 11 • 0 • 2. Nilminc of standing committees by Executive P..oilrd or officers J. Determining dues scale -usually ~1.00 with eraduated amounts for Associate, Sustaining and Patron members 4. Establishing meeting schedule 5. Planning programs (Do not be too ambitious at first. Busy people tend to drop out of proerams that are ini- tially too elaborate and too demanding on time.) 1. Executive Committee -consists of officers plus chairman of standing com- mittees and sometimes past presidents or past chairmen. Hany Friends groups allow the executive committee much independent action. Its func- tions are to initiate policies and plans and act on all important matters. 2. Stantline Comnittees -appointed usually for one year. Number depends upon projects. Basie eoamittees would be: Membership, P1·ngra111, and Public Relations. ' J. Special Committees -appointed as needed to carry out a s1.f181e specific project. II' -I I (I What the corraj.~~s do: • There are no definite trends in the work of established Friends of the LibraJ7 ~rganiza.tions. In all cases the needs of the library and the communit7, to- gether with tne interests and the abilities of the members, determine .the ob- jectives of ea.ch group. The following eolllllittee projects are suggestions only, to be modified to suit local conditions. Member ship Committee develops the group by: 1. Getting active members from as many sources as possible. Con- tacts with P. T. A.'s, teachers, labor unions, churches , service groups, form r trus tees of the library, etc. 2. Seeing that more expensive m mb rships ar offered to interested individuals who can contribute 1110ney but not ti.me ). Seeing that everyone feeln welcome nt. all Friends' functions Public Relations ColMlittce d velop c unity und 1· tanding by: l. Estnblishine ehann 1:1 to provide n W:J about tho library and Friend to a dia such as newspapers, bro dcast1ng, TV, etc • 2. Requesting aupport of local bu in a1, 1ndu1try, organization• -)- • • , - I .• 1 • • • 0 • <&a . ·~. J. Organizing a s peak e r s Bureau to furnish s pe ak e rs to tell, brie fly, the l i brary's s tory to service clubs , churc hes, wom en's groups - iJI1;y intere sted oreanizati on 4. Initiating campaigns to inform people of the need for expanded facilities, new buildings etc. 5. Locat ing among the Friends, spec ialists in fields useful to the libr ary, such as publicity writers, artists for posters and dis- plays, etc. 6. Calling attention to services and opportunities available thru the library and presenting them in terms familiar to all 7. Generally proving that the squeaking wheel still gets the grease Program Comrnittee develops the group activities by: l. Spon so r i ng or co0-sponsoring program:i connected with the library such as book reviews, authors' nights, book fairs, special events, discussion groups, exhibits, f&lllily night at the llbr&r"T, teas, open house 2 . Furni shing hosts and hostesses when neceaaary at the above CWlc-- t i ons as well as providing refres hments 3. Arraneing rec eptions for special groups interested in the libr&J'J' s uch as study clubs, new teachers in the school system, sorvi.ce clubs , new co me rs to the coamunity, etc. Special Col1'llli ttees If any of the s t an ding coanittee s become o ve r-load ed s pecial coa- mittee s c an t ake o ve r aJlY of the f unctions tha t ne ed inte ns ive work. In additi on, special coll'llli.t t ees can pe rform useful work in : . . l. Raising funds for needed library itet:ts not provi d ed for in the budget 2. Civin att nt on to the i.mprov nt of special collections or subj c~ field• 3. Sponsorin sllch related orcaniut.ions u "Junior Fr ends" 4. \-forkinc in th import.ant tield or adult. educa;1on, aponsor f i ll\ pro cr , etc • 5. Arranain tor volWlt er help to ere se ert ct.iv neu of llbrar a 6. Set.tint up a tel phon grou to pl"Omet.e library procr b7 peraon&l cont.act.a -4- --- • • -• 0 - ENGLEWOOD PUBLIC LIBRARY llOAllD reburary 11, 1975 A apecial meeting of the Englewood Public Library Bo a rd vaa held on February 11 in the library conference room, ' Presents Clayton, DeuPree, Kuhlman, Lighthall, Haxvell, Quaintance, Shattuck, Simon, Sterling The meeting wa1 called to· order at 7140 and a quorum declared pre1ent. Hiss Lute told the Board that Hr, Ron Rinker i1 pre1ently doing a apace utilisa- tion study on the space needs of various departaents in City Hall and the apace available. In doing priorities, he feels that it would be helpful to have a statement from the Library Board asking for additiona l space and shoving tha t this reque1t has been made previous to the past year, Hi11 Lute 1ho ~ed the Board a document dated July 9 , 1973 which va1 sent to Hr, Suplnger expre11lng the interest of the Board in having more apace and how it would be u1ed, There va1 also a two page report dated June, 1974 froa1 a comnlttee compo1ed of Lola ,,. • I Lighthall, Al Quaintance, and Charle1 llcharda, The report detailed the 1pace " nece1sary for the library to be able to give the aort of aervlcea it would like to offer. Hr, Quaintance moved, aeconded by Hr 1. Sterling, that the1e docu.ent1 be 1ent to Ron Rinker to indicate that additional ap ace 11 needed in the library 1 ... diatelf• Hr, Maxwell called for the quu ti on, The mo ti-VH approved unaniiaoully. ( Letters from Dr. Hanley of SEMBCS and Hini1ter Babylon of the Fir1t Bapti1t Church of Littleton concerning the book lea1tly lof' .!!!! Gha1tly Girl• were then di1tributed to the board by Hr1, Snod1ra11, 1ee appendix 1,.--;ir1, Hiltoa told the board that the Enalewood Public School• had reached a aati1fac:tory agreement with tho1e prote1ting the book. She 1aid that the two cople1, oee each at Lowell and Clayton, would be placed on the ltbrarlon'1 1holf aad eot mode available to any child under the fourth grade, while tho•• older wot1ld t.e able to u1e the book only under 1upervl1toe, Sha alao 1ald that Mr. Curro• told her that no further copie1 would ba bou ht for tho achool 1y1te11. ( Hr1. Loi• Sterlin& 1tated that 1h• 11 the Madia Aide at Clayton aod that there had been no a gre ... nt to re1trict the u11 of the book there. Mias Lighthall then do about the book, to IU &••tion1, IU checkina it out t~ asked Hr1. Hilton wti.t 1he thou&bt the public library 1bould Hr1. Kilton replied that aha didn't reall)' know aod .. opoa 11tln1 perhap1 pl1ctac tho book on 1 librarian'• 1tM.lf ea4 par nte VH th a r. Hi11 Lute replied that ah felt that thl1 va1 not ln k ept with o public libra ry point of vtev. She a l10 1atd that the library had been unable to find anythtna vhtch indicated that it i aece11ary to do 10. Counctlaan Cl a1toe plaloed to tho croup tho fuoctloo of ~ho library board lo city 1over1111eet. Ho aald that the library boor4 le o rocOllmelldl .. bodJ, a9d Mt o board of ti • lt ueteu , CltJ eo..cu _. Mlp1 •l•tal• porepKtl" • • ( ( • • .,.IS-.- -2- in elective officiala. The Council cannot hire or fire any city employee but the City Manager and the City Attorney, For the Council to remove a book from the library, or make any restrictions on it, they would have to instruct the City Manager to have it done. The City Manager would have to instruct the department head to get it done, and if she refused, he would have to fire her. If the City Manager refused to do that, the City Council would have to fire him, After explaining that this is how the city operates, Councilman Clayton comaended the group protesting the book for following correct procedure. Hr s . Snodgra s s then asked if the public library supplied books for the book.- mobile. After being told that Englewood Library's bookmobile does not aerwice the •ulti-handicapped school on Waba1h, 1h1 wa1 a11ured that the Inglewood bookmobile doe1 not serve any other achool1 of thi1 klnd, At this point Hr, Donald S•ith asked if the Board made a recoaiiendatlon to the librarian, His1 Lute, lf ahe would be bound by lt, He was answer.a that while s he would not be bound by it, la the past she has alway• followed the Board'• rec0tll9endationa. There va a then a diacua1ion o f the petitions which had been given to the Board, and it was pointed out that -•t of thoH who had algned -re not Inglewood re1ident • To a que1tion by Couocil .. a Clayton it waa pointed oat that the petition had been circulated in one of the churches. Ttlere waa some dl1cu11ioe of th percenta e of !a lewood repre1ented -g the lignera, 1ome .04l't accordlm& to Hlaa Li hthall. Hr. Shattuck spoke to those present. He told th .. that they had a right to be h e rd, end that, aa a parent hi .. alf, he uncler1tood their coec:ern. He aald, however, that al l children will .. et bed literature and that the t:nalewood Public Library could not be expected to 1olve thi1 kind of probl... He 1u11e1ted that it wa1 inateed up to the concerned parent to recOlllletMI to the child if he i1 too i1111ature to handle the literature be la reedlft1 1 that he try aometlaina el••· Hr. Smith s aid that they have the right to protect their children, and la reply to a question, agreed that if hl1 1olutloe vaa canaorahip than he waa for censorshi p, Hrs. Snodgra ss then 1poke of an incident in California aha had heard of lo whic~ a girl was hanged and the book wa1 lnvolYed, She 1a1d that aha had bean trylna to verify this and had, at le11t ao far, been unable to, Mi11 Lute thea read a part of a letter from the Office of Intellectual rreedoa of the Allerican Library Association which said that they had been unable to flnd anything con- cernin th book. (see appendix II) Hr. DeuPree asked rh tori c ally if it wa1 po11ible that ther could be value to anyone in what they w re objectina to, Hr. S~ith ask d aeveral ti••• what they could do to get the book off the shelf. Councilman Clayton answered that in the legall1tic and technical point of view, th board would have to .. ke a rec«l'llMad a tlon that the book aot be kept tn the library. Ha than ,1aid that parta of the book uadar dl1cua1ioa were aood lltar.- tura. Ha pointed out that there were certe ln ki1M11 of t~i .. 1 .ot kept la the library, 1uch a• herd core poraocraphy. In dl1c•11i .. tbe ltooll !ta•tlr for• , • I' -I - '. • • ·, -- ( • • ( • I• - -.... -3- and Cha ~tly Girls, however, he said that they were getting into an area where the board has a responsibility to the public as a whole, with all the different segments of the connunity, As a parent, he said, he knows there is no way to stop kids from having reactions of amazement and horror, He said that the whole burden could not be put on the schools or public institutions, however, and that neither can we shelter our children from all going on around them1 they are better off with gulaance, While he wouldn't want his children to read only this book, preferring that they have a variety of reading, it la not certain that it is wise to try to shelter theta from everything of this nature. If you make this forbidden fruit, they will seek lt that much harder, He then asked Mr. Smith where he would draw the line in what the library should put in ita collection, Mr. Smith said that that was unanswerable. lather, he felt that when there wee a problem area, either a group of books of a 1ingle book, action 1bould be taken on that particular problem, It was pointed out that while Hrs, Milton, Hrs, Snodgra1s, and their 1roUp wanted the book allowed in the library wlth supervi1ion, Mr, S•ith wanted the book ret10ved, becau1e he felt it wa1 i11p01sible to llOGitor it, Mra, Hatten said that while it is i1111>011ible to protect children from everythiaa, when something is bad, why should lt exi1t, When Hl11 Li&hthall a1ked who would establi1h a standard for everyone, Hr1, Hatten 1aid that the .. jorlty 1hould, After 1ome further di1cu1sion, Colonel Hatten, a re1ident of Englewood, said that as taxpayer• and therefore 1upportera of the library, they were appealiaa to the library board a1 a representative of the Englewood Public Library that they are concerned that the book should be restricted. Mr, Maxwell said that he felt there are things in the book that can do harm, so there 11 a need to take a hard look at the book and coosider taklaa lt off the 1helf, Aa long a1 the po11ibility exist• that 1oeeone will be d ... &•d by it, it should be ex .. ined now that it ha1 been called to our atteatloo, Misa Lute pointed out that the library 1taff did have the concerns of the people using the library at heart and r .. inded tho1e pre1eat that 1he had two letter• froa child p1ycholo1i1ts which 1aid that the book was not harmful and iai&ht po11ibly be beneficial. Mr. Shattuck s aid that it could 1et a bad precedent to take a book out of the library because one group objected to it, cau1in1 a probl .. in the .. naa...at of the library a1 thi1 1nowb•lled. He 1uage1ted to tha parent• that they llOGltor the thing1 their chlldrea are reading. The aolutloo lt, he tald, to llnow 1oar chtldr n and live wlth th... If a kid c an't re1i1t cuttiaa off the bead of another child becau e of thi1 book, he need1 p1ychiatric help • Hr. S•ith then said that the Bible tall• hi• that there ia •o oeed to put id .. 1 in children'• head1. After IOIMI llOre general di1cu11ion, Hr, Quaintance read a ttat .... t tlhich xpre11ed hi1 po1ition. (tee append ix III) In replJ to Mr. Qu atotence'• 1tatt191!11t• coecenataa c ... orthip, Mrt. Hatt .. aetd that .. ahould c eor ..._t clllUdna, reed, McMH .... caret U..t ..._t c Udr• read • • "' . I • • ( ( • • • ·---1 -4- After some more general discussion, Mr. DeuPree moved that the library board take no action on the reque1t for the removal of the book Beastly Boys and Chsstly Girls from the public library or on the request that it be moved to a restricted part of the library, The motion was seconded by Mr. Shattuck. Mrs, Simon gave her opinion concerning the motion. She said that she felt that censorship ~f a child'• reading lie• with the parents, and that a1 a public library board meaber 1he can't aaree to a1k our library or our1el•ea to do anything, 1aying that she has tru1t in the Juda..ant of the profee1lonal staff. After 10111e more discu11lon, Mr. Kuhl .. n called for the que1tlon. The motion wa1 approved unanlmou1ly. llr, Quaintance llOYld for adjou,_.t and llr, lhattuck 1ecoad1d the •ti•• The llOtloa w1 appl'Oftld uaanlllOtl1lJ, ... tM board adjouned at 91 u. ' "' -' ·. • • ! • "' -' 0 • -7 I~ x . I ... _ _.....,...._ / Anlmlll ( · . . · • • ( I ' • • - 0 I • • . -........... : • ..,.;,,. .... c'i«1il ...,,. _ _.......~. •--'! L.E . • • .. 11 • . \ " . •, .'I ' . ' . '. ( Hrs. Leona Snodgraae 6775 South Elati . Littleton, Colorado 80220 Dear Mre. Snodgraee1 .. ,. ... eouthoast mntropollton bolrd 91 c:ooper1tlvt ~ lf)CICHI lducotton ........... ~. di;96'i ,_, 11,.. ""' '• i " ' ., '• I • '•'j ! •.. In response to your telephone call of Thunday, Jamaary 23rd, I -atattn1 9J podt ... · ... in regard to the library book entitled leaetly Boye and Cflaetl7 Girl• "Y Cole, u I ./!l described that i•preHton to Mn. Donna Milton and Mre. Melani• Roeelt durin1 their : :;'~~ viettatton on Prtday, Jamaary 17th. Pint, I do not bellwe the boolt eW..ld be "-1111 :!:· from either the public or achool librartee. lec:ond, I bellwe the ll_oolt to be en " :::;, acceptable c<111ptlatton of Htirical poetry for childr-. --, . . :· :.·; , Hore precisely, I believe that children of el-tary •1• who exhibit the capacit7 ·: -'.\; to comprehend the ab1tract interpretation of ••tire ahould be peraitted to read boallll :·;.: of this type and, in aa.e caeee, encouraged to do ao. I -ld 1ugut that childrea ·'.-..f j reading thil type of book for the ftrat ts.a be auperYiaed in that rMdiq and pro-'; "t( vided vith • c011prehaaeible •erbal diec:uHioa of the ........ and int•t of Mtire, ·• 1;.1,\ drawing referencee froa the rNdiq .. tertal to d-..trat• that .,1 ... ttoe. nu . ! '".1 : could only be •chined by the copbance of the 11"rerta, the per•t, the t•cller ~ '.•),I of other appropriate edultl of that child'• iatmt to rMd thte and other eiatl• 1, • ·~l books. . :'~! . ·~ .' . I would etrongly eugge1t that arbitrary d-.11 and hialal7 -.olattl• dectliiou c09'!t cerning the •erit• of euch vrittna will .. ~ to tacit• clltldr .. to eeelt tt .. t I ) ·:, , . !,' · .. conrtly than to approach the probl-poeitbe17 ., the 8dMll• ...... ted allcPN. • • 1 .' To Hek beaning literature ta and of lt-lf ta a coacept I H.. s.toi....i., .. t I fully rec:oplH and rec~ ptdwe ia r ......... c•ceft I .. 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" i ··1·"=·1l1li1 ==t:~~&:l=-'§·~M e:: .. I .. r ... t: • s: ... .. • I i .. . ... n I - ~r ·i I I .,..,.._.c•8" ·~.Ii o .. M ii ;" " J '4 I • 1 A-" • "' • r " f i. i] g l:: ::I 11f .. , ii1 ... ilj ~lit Ji · 1[;1:.t11=-r1e.1; .. '.:::;-·11 ·r: a • ._ t • ~ ,.. • • I g " ... " ... E I:. .. ... .. • ..... , .. . = "; S: f r i ~ f • i · Ii i I = C i i ': ... ;. a f a l f = f f ~ ~ i l i .. : g • = f • f . ~ ~ I ~ I i '4 1· .. &r .. · 1'g=a.1,• l 1 r 5 i~ .. f' .. rfr 111 r;,:''fl~l¥1"~ia-! ... i:} 11 i~ --~--r -ht~ · ~ eri ~ •!,. 12 ... I ..... fff ... ~. ; •. ,. .. . 1' ....... ,.. . ..,. .. . •r,. "" • .. • r: ;1•1 I 1;1! ;r:~1-=1a.:(i ~w.i. • .. i; ~f t t 1 1= r:. 1• 1 i. j l =: l = J l 1 ! ""'ft I ; a.;, ! I l -r: • ; f ,. i i • ... " e l , ... f l ,r~ 1r .r1a ·t •s:t :1 ·, :.5 .. ! r ~ ; r I! ~ I £ l i r ~ ~, ;-; t ~ l ~ f-t' I ~ i ,1 11 . r:,, .. ; .. 4 11 ig. ;tCi ... • i .. I • J ! i r I I t ~ l f ! l ! r: : I l ! [ f l i = i .... _ a M t • • 1 f • · "" • • :: . ! 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I ltaow th• po1Mr •f th• written •Cl apoll• W!Drtl, md 1 • aepec:iallJ _. ot the power ot c:ontat or _ __.bal ~lcatl•, -' thla la what concaraa - abcNt hartna tlli.• book mad _., other like tt, la ov llwarl•• f• chll.drm'• .... THchare, by -daflaltt• of tho word n-the Or~, la a "mlM-aaar.,,.,• and that la cartalaly m apt lloacr1,u-. Taeclaore an athllptlfta te aaar.-tM 4 ' I ~ .: .-'·· · ,: ~· .. .. .. .... •lnde of thoH that they taacll wltb tile taf--tl• tftat tl9of .... dptfl~t. la · • ~ · order to holp euch .-r-• achleft tlae doalrM a.de, --et lnftat dt-with cert.ata . 1; '. authority wtllch -tuch rlpt •l-• wltb th• ••Jact -ttar, ... wlcll,' u -t • ~!·~. honored, le ,_1elted. Nhan tho teecber la Mt reepec:tad <• dtla IM• f• t1ae "- •• -11>, the laarnllla ot nltjact -tter le al .. a.,.1rat1. If 11J chll*-fi.M la their llltrary, a book (whlcla la ,n._ted ae a ~l l• tlao Mada of a toeclMr f• the purpoaa af achloTt.q loanl-a • die aa.-.tt• Mlq that wrt.tt--t•W• enhance_. ..-raa• laaralaa) that IMlwloe -terial wtch proaemta ~ dia~ f '". 1,, ., ...... ~ la antl-HClal at bait, -4 ,._ tlaat .. c.rw la aot la ..., wey ... llflad aa te whether lt ll ecce,taltla • waacc .. tallla bebart• by tho -~lty sr-. *lclt ,i.e.: lt there, lt la ~aal-a tba clal1' te -*• lta -.... 1-J ...... ta. If .... I ( DOt Mlloft that Mok• •l•J a ,art la Hlipl-a learalq, th.a lot•• .. ..., wltb th-and epead tho .-.y al..._•• .. t I cs-.~ Mlleft that dale la ~t la l iaht af the fact that _.., ,__ that llaa •..Pt ta ~trol llaa ftnt · t~teil to control ""-t la tnaht la the fem af wlti.t Mtarlal, • .,..w11 t wl.clla '8 tau ht to th• Jo.&• Ono of fwt.f.•• of .-Utl• la to twla a frwwodl fr• Wlch a chlld 9aJ rud •terlal wltla dlacrlalaatl-t It.atlas Mw ta J ... a ,• . ' : : . f:. \ .. whether -tarial la .CCU"at• • laeccWata. Vb.,a -t•ial l• ~tad wl~t · • 1uc:h a frea .. ork, or 11her• lt la .. ._. that Rell a ,...., .... la ,...... la feet lt la -t, t.hea lt l• l...U. lt .. to ct.114 ta ...i .. ta lt wl i... fr_. ... ~ 1lo •J to •tae to lt. If • hmo • ... ,.... .. the ......... -w1... -114 la dto , .... u-., lb ... 1 ..... u there ll ., ..... , load "7 • r..,_.lllll• felt t "•· w .... .., u., .. .. , .. ___ _ • .. • • • 0 - -. ·------ ( • • • '· own deelree and ••lf-intere•t•• When the •thorltJ flgurH in the book, l.e. pueate, ere Hen •• .Ulna light of beharlor that le inJurloH to the -11-tt.in& 'of other•• then the chlld le left wt.th the SllpraHS.-that nch beharlor _, -t M all that ·' undeelrable. Roc:ognlain& th• elbllaa rlTalry that oft• ulete la .. t f..t.Uee, to ·.· preeent nch MhaTlor .-d Nit• ll&ht of lt le dnutetlq, md alt. trqlc in lte : :~ . I rHult .. If the library le put forth u • t.Ml..-elble pert of .... u .. , tit• tt..' ~ llbrary bee-• a aon-9Vkl c.atat 11hlcb -lcatH ~ _. •therit7e If whet the child find• la that Ullrarr l• plecod there ~ .-tu to._ ho le raepondble, thm tboeo ad9lt• an dlroetl7 l'MpOBelble for die •tl•• tt.at ~ ranlt fr-raadlag tho -t.rtal th.rel.a, ..... lallJ U lt le..._ ttefw1'm diet the -t•rlal pra-te a plcblro of Ufa diet la ••tr'-tal to "-llf•e •• lf lt le _.. &Tallabla wt.ttae.t ~t .. te lu r .ialataeH er .......... We an ra..-ellllo fer the~ of die cbll*--tnla, _. lf --. M& wllllna to aceept that reepcaelblllty, tllem -.... ttettor 1•t -t of die tralalaS .'I · . ' . budneH. 1'o lilelp a clalld thl'* for lteelf, ..... that lt wt U.. .-. fra _.: · ! fr-.tllch ta thf.M • .-. Ht of ftl ... _. •u.dard• of rip .... • _. _.. .... • and that b • teacher• 11uiaea•, tn. "9ballls ~ _., -.~ lt tte tM .._, * cnrch or tho achool .. oncator. n.t.a Molt .... ..c pertraJ tM fr• z• ef ••1-• tlaat I -t fvr _, Cllall*-8, .-f• die clall*-ef tlle ....... la dale c-.r•aaUoa. la fast, it ,..._a a ..._~ daat la ~lJ •nu 111111 te ... rrtlUs did .. _. .. 11••1 a.a. ~11 .-... e.. Let•• "°9la to ect re ..... .._,_,._.. Ollllla nl tUl.o -.-. ,,.1111 11 ...uu w WU& .U Uw ' to .......-. I• ~ . . . . . . . ' . .. . , .. •• ., .. . • • • ,,._ I - 0 l• - --· !'' -----.. . .·· ·, · . • APl'DDIX II • · . • • • , • - . ~ ..... - , .. ( • I • - OFFICE FOR INTELLECTUAL FREEDOM AMERICAN LIBRARY ASSOCIATION ,. -' .. : .. \ .; .. \ .. t .... 10 IAST HU-STMIT • CMICAOO. ILLINOIS I0911 • 11111 ..... .,., • • j ~ •• ·• ----------------------t--------•. : :' • hbruary 6, 1975 Hr. David lrmton P .o. lox 114 Englewood, Colorado 80110 Dear David: - It appean that Oil h• newr beard of _, child'• beiq hanae~. boiled in oil, etc., due to tba bad infl-ce of llASTLY IOts •• In fact, our filea •-to hue nothing on tha boolt--at la•t ' accordiq to a quic:lt Harcb -• tbia morning. Do lat • keow if you learn msytbiq about tba allapd in~i._t in CallfcmaJ.a. 'lbe only awat of tllat aort tlaat .. It... iafosmti• • llnol._. tvo boya wo (abcNt tlat'M" ,..n .. > cnalH ... a ...... ,.....U girl in• att-.t te Wtaea tM ._tier •t.17 tMJ ..._. 1a church. leap -r~· Sh~l, / l r, -t_,/"'-- lopr L. fWllt Meiat•t Dlractol' , . ., IU/Jj r.1 . ...., tlaMb fol' die ... ,...I' cu,.. A .... la ef "'II} u• ,._ will ..... ia ....... -..na. • I I , ,, " . . ,. I • '. ~~ .i ~.· ",! • . , I t • t . .,4 .... ., -· '; .. _,, ·. •l • • • , • ,. -' - 0 • I J ( ' Al'tllmU Ill • • • • • - • • • 0 I • • • You are asking something of us tonight that is, in l'QUr opinion, worthy and worthy of our consideration. You are also telling us some- thing of your value system that reflects decency, respect, and con- cern over a matter that is repugnant to your sensitivities. 3ach and every one of us sitting on this Library Board respects you for your intentions and the basic tenants of belief underlyinq those intentions. There is an honesty and sincerlty in your beinq here that, I for one, find refreshing. There is nothinq narrow, en- capsulated, bigoted in your actions that called this meetinq. Yet, I cannot vote with you to remove this book from our public library. As a citizen first in this conmunity I cannot be a part of censor- ship where our democracy guarantees those very freedoms of speech, of the written word~you would have us impose upon other citizens. As an educator I cannot encourage the broader aspects of censorship'~ur action (if accepted) would restrict those ideals and goals of a rree education in a free society. As one with you, appreciatinq your ideals,' your values and your concerns, I would have to join with you in an action to remove the Christian Bible from our library shelves as -read out of context -there are passages, stories, incidents that shock the ·· • senses far greater than the book in queation. As a lover of qood liter-.: ature, of poetry, of fiction -to join with you in auch an action as • you have brought here tonight -I would have to ask that the works of Shakespeare be removed -the bioqraphies of the qreat 11119n and women of this free world, the poetry and stories that have inapired us to achieve: the very heiqhts nan can reach. Yours is no simple request to remov. one .-11 book. It i• an action that threatens the very foundations upon which our free society rests. owever, I can join you whole heartedly in that freedom our aociety: does provide for each and everyone of us -the freedom of choice. I n each of our lives we can exercise the discipline of livinq, of learning, as we freely choose whether it be for our adult selves or for our children. Thia option, thi• tree will of Mlf determination,• is sacred to our basic integrity, honesty, faith and whatever you wish to call succesaful livinq in a free society as a free person. U a dom is t o ur a c tions . s u c h wisdom • knowledge of being able to ... the consequence• of aren't always aucceasful, but va continue to atriv. tor Uth f ull re •pect tor your ri9ht to be here and to be heard as a mber in qood standing as another citiaen and parent -with wera re- gard for your concern that ~nc9d tlw action, I conacientiou.ly en-~ coura9e you to withdraw your nquert. .. I .. • • - • • • 0 • MINl'TEF OF ENGLE\1000 HOUSING AUTH ORITY RFGULA R \lEETI NG July 2 3, 1971 I • The meeting ~a ca lled to order by Ch ,irman Thomas J. Burn s at 7 :40 P. Roll called sho~ed the fol l ~wi ng : !embers Present: Thomas J. Burns , r h 1lrman Herbert Ho anna, Vic -ch airman Bett y Bei r Berry f'la ter emb rs Abs ent · \ rn Mann Other Pr se nt : Loi Ko cia n Jam s . Fup i n g r Jam _ K lier, \"ar F ha a k Edie Hugh. -.RJ -C1 mmunity Re s pon e of Colorado I. I CATlONS A . o ill tion of ord r to gi n f r HUD. Tom Burn r d 1 tter of ppro 1 of appl1 n ion. B. 1 t1on o1 "con t 1nu d o cu pancy 11 itation". • " -I d r • • - ,• • • 0 • E. 6-Quarter budget. Mr. Burns said he felt we must have legal counsel. ,. -I At this point the meeting deferred to Edie Hughes to present her re- port on the elderly housing survey. Ms. Hughes pointed out and correc- ted errors that had come to her attention. She explained the tabula- tion result s, and how to read the cro tabulation, and requested question and comments on th survey. Mr. Burn felt that the survey would give the Hou ing Authority some help i n the pre ent program. Discus ion followed, along with a revie of th urvey. Some notable comment were that th amenitie propo.ed wer not as important to the peopl interview d a w re the location , et .: many mortgages have been paid--f ~ p ople in thi age grou p pay any house payment or rent, and may not want to move ; thre -tor buildings were far more popular with th peop le interviewed than th ix-story idea. s . Hughe tated that public rela ion wo rk must be done to du L people to th id a and purpo of funding . Tom Burn aid he f lt a direct re ult of the recall el ct1on . to hav ome f dback fr om oth r iti urvey and what th ir finding ar in t to many of the que tion wa He also said he •ould lik i.e., Boulder, etc., nth ir pro ra tenant pay i n r Mr. Ho anna to be a k d i to hou i ng f r th T Rurn for nd th Plannln C ion regarding income of pro wha t i allowabl ; what r nt opin on on hav n ion. r. upin r 2 an un ·11 P r • • - -· • • • 0 • and Re c reation and the Library Bo ard . Lo i s Kocian suggested that we s hould make a schedule of what ~e want t o do; otherwise we would be i nv iti n g too many meetings . Jim Keller su g ges ted preparing a program at one of o u r regular meetings and invite other groups . It was agreed tha t t his would b e the way to handle get t ing the information to other g roups . Lois Ko cian f e lt i n formation on wha t i s going on in other c omm u n i tie s shou l d be inclu ded. It was ge nerally a greed that packets shou ld b e as embled be fore we s art ha ing meet i ngs. It was felt that it would be we l l to b able to ell he people we have specifications toge ther and a r e ready to adverti e f or bid s . Be t ty Beier a ked if i nterest w re intense e nough to get any response. Mr. Ho ann a said th at if the whv 1 grou p is not interested, perhaps a repr s n tative could at t n d the me tings. Ms. Beier felt the first thing of importanc would be to r et the i n f ormation to City Council. REPORT 0 TIIE SECRETARY Lou, Kocia n r ported on upcomin g in etinb A . ational Lea ue 01 Citieg B. HAHRO--Snow Bird, Utah, t o taf d ma i nl y by HUD p o le . C. AHRO--atio al c onfer n e i 1 Ro">t, K o~i an tat d that . h n d h tan.~ of t hree o r fo u r con ult in ar h i tect who v.ere inter st d in the project , and a ked th e Auth o r i t y to: t d t for int r iew th m. A·ter ome d i cu i on, it wa agr d to me on Tue da , Jul 30, a 7:00 p .m ., ith i nterv iew t c beg1 n at 7:30. . Beier a ked v.h th er ;>r n ot th es we re En lewood arc h1te t., and tat1J1i that th y were not. u •r • 11 tha • ite election ith DRAF T P ROPOS L (co p y ''RFCENT HJ STORY ". Th e mo tion "aye" a nd t h mo t ion c a rri oul d of th proper ty by th land to t h d v l o p r, nt re t d i n a n d using h ad in our 1 at o n I' -I • • • • • • I• • that no existing habitable dwelling may be demolished to make room for the Housing Authority building. There were a number of subjects discussed: 'lbe fact that all 100 units must meet the handicapped standards; zoning; whether or not any commercial business could be included along with living quarters. NEW BUSINESS The need for legal counsel was discussed, and it was stated that the City Attorney should be doing our legal work. However, it now seems that we need some additional assistance. Mr. Hosanna felt we should ask City Council to fund additional help, with the possibility that Council could job it out. Mrs. Kocian felt it was iaportant to have additional help on the staff, and stated that Lakewood has an addi- tional attorney on the city staff who spends half of his tillle to serve the city and half time to the Housing Authority. Betty Beier felt we hould have official word from the City Attorney that they are unable to furni b u with legal help. We can go from there i n offer- ing as i tanc in paying for the help. ADJOURNMENT There bein was made b econded th at 9 :55 p.m. • no furtb r busines to come before the aeeting, aotion rry lat r to adjourn the aeeting. Herbert Ho anna motion. All voted "aye " and the aeetin was adjourned ./ Lois K . i"ocan ," Executive Secretary " -' • . ' • • - .. • • MINUTES OF ENGLEWOOD HOLSJ 'G \U TIWRITY S P ECIA MFbT G Jul ' 30, 1971 The s pecia l meeting of th Eng-1 \O O<l Ho ;i ng Authority wa call d to order at 7:00 b Ch a rman Th o::>~ .J. nu rns. Roll call showed the followi ng : Memb rs Pre enl: Thoma J. 13 ,un , c1 .. u nan H rbert Hosa n \ , c-hai nnan l mbers Absent: Oth rs P r ent : Archit t r ro r Be tty B i r Vern la nn Berry Slat r Lo is Kocian ax11.ell aul Roger Ea!:-on H. Alan Z l.(.! 1 Gary T:i lor h i n propo d archit ct th i nformation h Th in ormation , and from th ting as • • r- u l - ; 1 • • • 0 - me ntioned that develop rs may com in from outside the state to bid on the p roj ct. He said that hi s fi rm ould provide a detailed inspection to e that we a r e gettin g w at is expected from the de- veloper. TI1i includes the fina n ial a~pects as well. He said that hi staff is geared to do thing t her than drawing. ni y orked on modular hou i ng in Ind ... ana , a ·1d ::ssisted Colorado Mine i n re -u i n g of gla s, and other mate rials . . Ir. Saul was a ked what facilities his f irm used for research , and he replied that they used the School of Mines information, and that th y advi ed on technical things. Tom Bu rns asked whc her consultants wou l d be available to go to HU D wi h the Housinb Authroity repr se n atives, and he said they would b H also said they would have people i n t he field to observe constru - t1on at all times. T0 Burns asked who wou ld be the one to con tact if we have a pro ~ni ~r. Saul said he would be th e o ne who would take care o f any problem or question s hims lf. He said they would also be a v a1 lab l~ for design w0rk, schematic designs, etc. 11 . Saul showed pictures of some of t .w >rojects worked on b is firm, an of their office . Th re was d1. cu sion regarding r quirem nts for a bu i lding u h a the Hou in Authority propo es, and Mr. Saul said that h f lt th ntirc building must be co nsid red for handi capped . uch of hi mat rial wa obtained fr m p ople who liv ith the problem dour width, ~h el chair prov i ion , grab b rs, etc . S1gnal1n~ .re important, but ~h o will be ava1l a l to answer th l n 1 ot the probl• u th!\ mu b work d out. id th nd f r th t intere ted in up. Mr • Kocian a building its 1f. i desir d . •od l Library of po th " -' • • • f c • • I • • mentioned that developers may come in from outside the state to bid on the pro ject. He said tha his firm would provide a detailed inspection to see that we are getting what is ex- pected from the developer . This includes the financial aspect as well. He said that his staff is geared to do things other than drawing. They worked on modular h ou s ing in Indiana, and assisted Colorado Mines in re-using of glass, and other mater- ials. Mr. Saul was asked what facilities his firm used for research, and he replied that they u d the School of Mines information, and that they advised on technical things. Tom Burns asked whether consultants would be available to go to HUD with the Housing Authorit y representatives, and he said they would be. He also said they would have people in the field to observe c onstruction at all times. Tom Burns asked who would be the one to contact if we h a e a problem, and Mr. Saul said he woul d be the one who woul d take care of any problems or questi ons himself. He said they would also be available for design ork, schematic designs , etc. Mr. Saul showed pictures of som of the project work d o by hi irm , and of their offic . Th to an out. rding for a building sue propo es , and r. Saul said that he mu t be onsi ered for handicapped. ob nin d Jrom people who liv ith thl id h , wh l chair provi ion important, bu who will of th e probl m hat mu 3 ted in pro r Mr • Ko ian la to h 1"ilding it- on what kind of progr. ore bids are invit d. pro- or ould b • • , • • 0 - Lois Kocian, Mr. Sau l said that his contract would be with the Housing Authority, and not direct l y with HUD. He said that his contract with Littleton was on an annual basis, and not on a project basis. He said that the architect c ould help to de- velop a budget. Tom Burns described the possibilit y of the Housing Authori ty purchasing land , and Mr. Saul said they would be able to advise on this and other methods o f assist ing the developer in utting costs . Mr . Saul's interview was ended, and he was excused. Roger Easton, of Easton & Associates was introduced to the memb r of the Housing Authority. Mr. Burns explained our pro- gram to Mr. Easton and brou g ht him up to date on what ha been done and what w intend to do. He explained why we are inter- v iewi n g architects, and mentioned that the meebers of th Authority who had visited the Walnut Street project in Boulder were very favorably impressed. Mr. Easton reviewed the experience of his firm with prOJ ct of thi t y p . They have been hire 1 as inspecting arch it c in pa t project for th lderly, instead of as con u lt in r- chit ec ts. H noted that th taff of the Hou ing Au thorit ." in Boulder w r very s nsit iv to the needs of the eld rly peopl , and welc om d th h lp given by Mr. Easton' firm. Th y h lp d with th land caping, color choice, furnishing , tc. fr. Ea ton felt tha they were very successful in gettin th b t po ibl building for th people who wer goin to occup th bu i ldin , thr ough oop r t 1011 with the develop r . ould iv him hl ,. -' • • -- • • • I• • People on his staf f helped with interior design, color selection, etc. When everything is well underway, another person in the office might be able to handle it . He assured that the person would have to be someone qualified with license and experience. Tom Burns, after explaining that there is no federal money in- volved , so we are able to set up or own fee schedule, asked how Mr. East on would set up hi s fee structure. Mr. Hosanna asked whether it would be an hourly fee or a project fee. Mr. Easton replied that they would try to estimate the number of hours re- quire d, and the cost per hou r to determine a cost factor. Lois Kocian asked whether t he y had done any other elderly pro- j ect s which were not subsidi z ed. He said they had not ; they have don other apartment proj ct~, but not specifically for elderly or handicapped, al h ough they have had some experience with amenities for the handicapped. Asked about social ar as, Mr. Ea ton tated that the Hou i ng Authority in Boulder h ad mad the Walnut building the o ial center for elderly in the community. He said that the large public areas are very much used and are very successful. Tom Burns a ked whether they would be available for illu s trating , graphics, etc., and Mr. Ea ton replied that they work wit h thi ort o f thing all the tim Loi Ko ian a k d ing , alon w th d part nt hou in Bould r , 1 n d , and did a ll th thing bu t l din n d r nt it out. Mr . a t o n ' int rvi wa ton' firm had developed bu ld - aid hat they have developed an tw nty units. They bought th loper do. They now own th d velop r i im- a aaint nanc • building i to rminat d, and h 1 ft th m tin du ti o or h d II -I • • .. • • 0 - Mr. Zeigel explained their methods, and went over some of their experience. He said that the problem, as he sees it, is to get technical help in the sense of judgment of meeting minimum property standards, Englewood Building Code, housing needs in general . This is necessary before construction. He said that most projects federally funded have been strictly housing projects . Mr. Zeigel went on to review the qualifications of various mem- ber s of his firm. He feels they have a strong group and good exp rience. In answer to a question by )lrs. Kocian, he stated that their practice includes two elderly housing projects, a luxury building, private housing, moderate income housing, office building , schools, etc. Ir. Zeigel said that there was another iaportant point--how to be sure w have made the best choice of type of housing for the p opl . H se s it as more than just an architectural probl involvi n g sociological aspects, among other things. "' -' Ir. Burns asked Mr. Zeigel to give some idea of what assistanc e h could give to the Housing Authority. He replied that if we lookin t oward a great d~al of he c ould bring to the •arly o the project a couple of people who are de ign consciou , olor , tc H would want to do some research to decid what oi hOU ing would b bet, bringing in people who are skill d hi p of project; me with anyone who i familiar with th t y p of bUilding n c ary; apply test of ainimum housing and rd ; mak any comproais necessary. He felt that the bi d pa ka hould at sp cifically what 1 expect d. H st ated tha ould furnish graphics, etc., a be flt thi would b tha: t h Hou sin AuthoritY i• in good po itiOD hould in th bUilding. H aid tha th r -bid i bids ar not proper. to a o biS f I and h 24 r hour , or a total t o • • • • 0 • Mr. Zeigel revi ew ec some o f he bui lding they had done in nearby minicipalities--Westminster, Berthoud, Ft. Collins , and Vail . The interview with Mr. Zeigel was terminated, and he was exc used. Next to be interviewed were Gary Taylor and Ray Crites, of Crites /Taylor Associates. Tom Burns acquainted them with our situation, after wh ich Mr . Taylor reviewed some of the projects t hey had been inv olved wi th He said they had worked wi th de- velopers in such places as Li t leton, Loveland, Vail, and Ft. Collins. Som e of their uxpericnce was with turnkey proj- e ts, and the project in Loveland vas with the elderly--a build- ing all on o n e l e vel. In each of th ese cases certain factors have pr vented th e completi on of the projects. Mr. Taylor gave s ome backgroun d on his own career, saying that he had experience in City Man ager wor k in New Mexico and Denver. He worked with HUD with Urban Renewa l a nd FHA. He worked f o. the Denver Urban Renewal Authori y for t wo years, and a" assi - tant to the Direc or of R habilitation Dep artment. He sa id he had som exper ienc with the Denv r Housing Au t hority, and is known in most depart ment of HUD. Ra y Crites g ave a report on hi ow background. He has w r k ed for a cu t om hom e contractor, and h s worked on some nursing home , but never g ot any of h ese pro j cts off the ground. H i licensed in 21 tat _ in th United Stat es . Mr. Hosanna point d out that hi in nurc;in g hom ould give him an in ight into wh r qui r o in e lderly housing. At thi po looking at p rtm n and 7 o f approach color, fi re tay awa y fro be thoroug hly p nd a lot Hou in Authorit y i abl to 1 v in an , no d !init aaoun or t • ny factor ar in-• • , • • • I • • Mr. Taylor left some material relative to their company for the members of the Authority to peruse. Mr. Taylor and Mr. Crites were excused, and a brief discuss i on followed regarding the interviews. Tom &irns stated that a quick decision must be made in order to get the services of the architect in assembling bid packages. A meeting was set for Wedn e sday , August 8. There being no further business to coae before the meeting, the meeting was adjourned at 10:55 p.a., • . .. ' • • t ( • • • • 0 • MINUTES OF ENGLEWOOD HOUSING AUTHORITY SPECIAL MEETING December 13, 1974 Chairman Thomas J, Burns opened tlle meeting at 9:00 A.II. by call of the roll, which howed the fol l c 1ing: Members Present: Thomas J. Burns, Chairman Betty Beier Other Present: Berry Slater Vern Mann Maurice Merlin Loi Kocian Max-well Saul Jim Noone Mr. Burns asked for comments from 1,._ Saul a to what is o be expected t the pr -bid conferenc Mr. Saul predicted th a t there would be two types of peopl resPonding: 1) th d v l- oper who understands the packag h will need to put togeth r, and 2) contractors looking for building prograa to get into. H said it would be difficult to anticipate what question will b k d, H sugge t d that to avoid ome of the questions, (' could explain th program gen rally. He also suggest d that Tom Burn explain the purpo of the Housing Authority and it r lation hip to th p opl and to HUD; and to explain about th purcha of th prop rty by th Housing Authority, which i a om what diff r nt one pt than i us d in other program ; and expl in how h Hou in Authority will function in the program. on hun- and • • - -~· l T • • • • Lois Kocian said that she had been asked about the model of the building, and has answered that a model will be requested from a successful bidder. Mr. Saul said that the scale model is the only r equirement that should be allowed to wait. Discuss i on next centered on the purpose and enforcement of performance bonds, an assurance that the job will be completed according to specifications. The contractor's guarantee is usually f or one ye ar, although other parts of the building and equipment may be guaranteed for more than a year. Mr. Mann a s ked who would make the final inspection on the build- ing , a nd Mr. Saul answered that there would be several inspec- tions; the Housing Authority must accept the building before final approval will be given; Mr. Saul's office will be inspect- ing c o nti nually; HUD will inspect; the developer must obtain t h e f ull servi ces of an architect, who will also inspect the pro ject . As th p re -bid con ference was about to begin, the meet i ng was adj our n d at 9 :55 . tary 2 ,. -' .. • • • , -' 0 ,, • ~·::...=..~~~~~--............. __________ .............. _____ ~ ENGLEWOOD HOUSI NC AUI'HOR ITY PRE-BID CONFL HE NCE December 13,1974 Housing Authority Chairman Thomas J. Bu r ns ope ne d t h e c o nfer- ence with an introduction of the mem bers o f t h e Aut hor ity and the architects. Those members pre ~~nt were: Thomas J. Burns, Chairman Betty Beier Berry Slater Vern Mann Maurice Merlin Lois Kocian Max Saul Jim Noone Interested parties attending wer~ Jack Oldani, Pacemaker Corp. Frank Hall , Frank M. Hall •Co. Will Rogers, Hastings • Chivetta Michael W. Lombardi, A.I.A., L011bardi & Associates, Inc . Larry Vaughn, Rocky Mountain Prestress H. R. Braun, Archiv Gilbert E. Vocat , Vo at • Associates Donald L . Marshall, Marshall, Kasch • Associates Ron Rink r, A.B.R. Partn rship Don Wilson, Rob Roy Construction Company Bertram A. Bruton, B. A. Bruton, A.I.A. Sidn y Grazi , Titan Con tru tion Coapany H. D. M Graw, Mor -omb -Busch J rry y r, Engl k Ar h.-S hiffer Con truction Bud Lind r, Rock Mountain Pr stre St v Shrai rg, o v lco Paul Barton, Dev lco Dou Fabbri, Gr n bau Mort •a Company Ji K 11 r, Van S h a k Company ply • • • • 0 I• - James Keller asked whet her there is any type o f lease term specified as far as the tenant is concerned. There will be a one year minimum lease for t he tenant. The Housing Authorit y will not mak a contract with the tenant. The owner will deal with the individual tenant, and will co llect rentals , etc. Steve Shraib rg asked wha t happens if a tenant walks out on the contract According to Section 23 , the Housing Aut hority is responsibl Lor t he t ime after the contract is violated and the end of the lease, or the t ime when the unit is rented a g ain. After a 60 day period the Housing Authority can review to see if the d·~ lop r-owner has made an effort to rent the unit. Mr. Grazi asked wh ether th e developer manages the building, and whether there is a guaranteed income to the developer. Mr. Saul e xpl ained h management plan, and Lois Kocian went over the guaran ecrl renta l; ten ant pays one f ourth of adjusted inc ome and HUD will subsid ize f or 3 /4 of $175. There was some discussion of how much of a guarantee HUD will provide 1or vacant apartments. The Housing Authority or HUD can oversee to make su r e that the owners are making a real eff ort to rent th unit, The guarantee is up t o 60 days of the rent supp-lement. Mr. Grazi questioned how the lenders view this program . Mr. Shrai- berg, of D v lco, explain d that there were soae lenders at the me ting, and as k ed if there we r e any alternatives to the present plan . Mr Burns tated t hat fee d-back has revealed that $17 5 p r month wi ll not work. Th Housing Finance Authori ty has not y sc up it program. He said that since we are not expert s on finanlin~, 'n d feed-back from developers and bank rs. Ir. S.ul d th t if a developer lected to get FHA financing , h would h• involved in the fu ll FHA prograa. 2 Coapan , d ba ia; would af xplain d that onv ntional th in rim \ • • - .( I • • • 0 • loan. He said that FHA programs do not provide a clear cut direction. Will Rogers, of Hastings & Chiv e t t~, s aid that they have b e en talking to developers regarding th i s p roject, and they are on- cerned about the maintenance a greement and bonding requirements . Tom Burns answered that there must be a performance bond , and that the developer owns and maintains the building. Ther e must be warrants on th e e quipment . Ques tions regarding maintenanc e agreement should be addres 5ed to Bet ty Tunnell. There was more discussion regardin the type of building that would be desired--a good residential fe eling, good quality, good envi ronment, with community space for social activities . Mr. Saul brought up the subject o f scale model of the proposed building, and stated that it was the i ntent to have the sue r -- ful developer furnish this a some t i me in the future. Jim Keller asked whether there is any other source of i n c ome f rom any social agency; whether there is any restriction against building 200 units or office spa~~ Mr. airns said t h t n o c omm rcial space will be in t he bu ilding, according t o o pti on hos n b y the Housing Authorit y . There is no room for morP than o n hundr d units on th prop rty. I r . Grazi question d how g otiable, authorit y 11 ne- aid • • • 0 I• • There was concern over changes being made in the proposal, so that all bidders would not be bidding on the same things. There was a question as to whether or not the criteria provided enough information. Mr. Saul answered that it was not intended to say that the bidders could leave out things and revise the require- ments. The requirements set forth in the proposal are what the Housing Authority would like to see, and this is what the pro- posal should be addressed to. He said that if the bidders had suggestions, and wish to make them in addition to the basic proposal , i t would be acceptable. Manag ement and construction experience of the developer were discussed, and Mr. Burns said that these things would be con- sidered vPr strongly, and that HUD also puts auch emphasis on management . Mr. Saul said that his recomaendation to the Hous- ing Aut hority would be to set up criteria and give values to the variou aspects of the development; experience levels , agement, etc . Ther wa c oncern over costs, and whether a valid figure could b submit d by a developer in the tiae allotted. Frank Hall asked whether a bid specifying a higher rental would bt:l accep- ted. r. Burns said that we would like to have this kind of input for the benefit of HUD; however, the rental U1ount i set , and h cou ld give very little assurance that a bid for a hi h r r ntal would be accepted or considered. Ila. Kocian pointed out that the $175 is set by Washington, and not by th Hou ing Authority. There was aore discussion regarding whether the Housing Authority would like proposals reflecting what th devel oper can do for the $175 rental, or what he can provid or a higher rental. Mr. Saul referred once again to th fact th a we 11U t adhere to the Mini11Ua Property Standards, and it wa g nerally agreed that the Housing Authority is look- ing for propo als at th $175 figure. Mr. Saul atated that th r al co t inv olved bing on financing, rather than th co ts of th r quir aent • qu tion , llr. airna atated that an out as oon aa poaaible, and declar d 11 -' • • , - : r • 0 1• • MINUTES OF ENGLEWOOD HOUSING AUTHORITY SPECIAL MEETING December 13, 1974 The special meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 2:30 p.m. Roll call showed the following: Members Present: Thomas J. Burns, Chairman Betty Beier Members Absent: Others Present: Vern Mann Maurice Merlin Berry Slater Lois Kocian Maxwell Saul, Arr· hi tect Jim Noone, Arch1 1ect Betty Tunnell, HUD The meeting proceeded with a discussion of the method for pay- ing for vacant units, and whether the Housing Authority has to pay if the tenant for any reason does not pay th rent. The interpretation is that th LHA will pay what they have b en paying previously, and the tenant's portion will not b cover d. tion was addr ssed toll . T nnell as to wh ther or not, of lo s of incom or a change in incom , th r n al r -figur d . . Tunnell an wered that in oa would b r -rtifi d v ry y ar, and that the Housing Authority would be r sponsibl for thi , r porting by letter to HUD . . Kocian a k d wh th r th re is any way that the Hou in Au hori y could build up nough in a fund to guarant th d v lop r' money, and M . Tunn 11 aid that thi could no don • don in ca a t nant ha no in om , that HUD will pay the entir r n al. H u in Authority ould in anticipat d r n al for •ini rativ co ta. Thie .. oun n advanc . Toa Burne a k d r qu t ro riod or paid to ount ,,,_ ' • • ( • • 0 - could be accumula t1 d, and Ms. Tunne ll answered th at it could be up to ten per cent of the annual c ontribution. The money is paid to the Housing Authority, which, in turn, pay s the owner. Lois Kocian as ked wheth er there wo u ld be a cost certificati on, and Ms. Tunnell answered that there wo uld not, unless th e d e- veloper goes to FHA. Ms . Ko cian raised a questi on about a maintenance contract, and wh ether this woul d have any bearing on cancelling the contract in the eve nt t h ere is a r epair which is not made. Ms. Tunnell said thi s woul d not be a basis for cancellation. Mr. Burns asked if the re pair c ould be made, and the cost deducted from t h e ren 1 p aid to the own er, to which Ms. Tunnell answered that there ould be no hold-back . She added that HUD would hav v r y little to do with management, and would be making v ry few inspections. Ir. Burn asked wh a t would happe n if the developer takes on too mu ch, and w f ind t hat they are not abl e to spend as much time as necessary. This was discussed, and it was stated that the lender will deci de how strong a developer is. P erformance bonds and letters of credit were d J scussed, along with the fact that the h osen developer would have to have a strong fi nancial back ground. \ Ir. S ul re ported that he and Mr. Noone had already begun work-l ing on an addendum. Mr. Saul asked whether , in order to exp - dit matt r , th addendum could be reviewed by phone. Ms . Tu >e ll caution d that H D aust a pprove the revised copies of the pro- po al Ir. ~oon reviewed what ould be included in the addendum. 'J us d in det ermin- t thi ti• • th • on if h oa of in " 3 • • , - , ( • • ( • • 0 • MINUTES oy.· ENGLEWOOD HOUSING JI'HORITY MEETING January 7, 1975 The meeting of the Englewood Housing Authority was opened at 7:15 p.m. by Chairman Thomas J. Burns; Roll call indicated the following: · Members Present: Thomas J. Burns, Chairman Betty Beier Members Absent: Others Present: Berry Slater Vern Mann Maurice Merlin None Max Saul, Architect Lois Kocian Mr. Burns read a letter he had received from Steve Shraib rg , of Dcvclco, Inc. The letter described the members of D velco's s taff, background of the company, and their experience. Mr. Shraiberg's letter offered the ervices of his company to the Housing Authority. After a brief discussion, Mr. Burns stated that he did not believe the Housing Authority was in a position to nt rtain a proposal for their services a thi tim . Th r wa compl te agreement with this opinion. Sine the minutes of pr vious meetings had just been di trib- ut d to th m mb rs, and th y had not had an opportunity to Burn said that the approval would be tabl d m ting • ,, -' • • - • • • 0 I• • Mr. Bur ns r pcated s uggestions that had been made to lease xisti ng hu ildings, or ones that are being built. Mr . Merlin a s k e d why the $175 to $200 rental is not sufficient, when oLhcr on e -bedroom apartments are renting for less. One ex pla na ion was that the elderly hou s ing program cal ls for many ameni ties that are not found in other apartment buildings, such as hav ing the first floor free for community space, kitchens, etc., elevators, wider doors and ramps to accommodate the handi- capped, an d other extras which add greatly to the cost of the building. Another factor pointed out ·was that the units that are being re nted for lower rates were built at a time when costs were 1 w r· t1crefore, low e r r e nts were feasible. Mr . ~ <'' 1 n f Pl t we s hould have a plan of our own and get a d eveloper t o build it, to which Mr. Burns answered that we cannot tui ld with out a guarantee for rent support. Th ere was some discussion regarding bonding possibili ties , an ~ th e t nt of · .i port of fered under Section 8. Ms. Ko c ian expl ainl'd that w1t h bonding, the contract with HUD can be ex- tend d to a total of 40 years, instead of 20. Ir .. ' !in asked wh ther a cost could be obtained from a de- v lop r i w had our own set of plans. Mr. Saul an s r d by sayinir th t a cost could b obtained for the project, but that an incP e pproach must lso be analyzed, in order to find out what h incom would be to service the mortgage. These t~o approacle~, h fi ic', must work tog ther . He said that any of the krw n appro ~h of t as d on what developers are doi n uld he d. Th probl m in th past seemed to be in th fa t th ome did not over the cost of servicing the debt. W wnu d in a mu h b tt r po ition to go to HUD if we had a firm hid a a r ult of working with a responsible d v lop r. Th b u . ion as to wh ther or not HUD could wa in agencies such as HUD. oth r communiti s had b n in ome of the regulation and puttin pr s ur on HUD . d wh t r nt i char d on th thi proj t pay 25 p r cen ar not handl d unit by unit. Lit 1 on proj ct. of th ir in om , HUD pay on r ntal o1 xiatin k a 1 rt I y w ould • • I - • • I • 0 I• • op ration work woul d be if we could , ind a building that would be reasonably usea ble for our needs , lease it, and renovate the first floo r. Problems o f financing were discusse<l Mr. Saul brought up he question of using part of the build ~ .g f or commercial us s. Th is was di scussed. It wa s pointed out that the dcsirab1 l ity of working with a de- velope r on a one-to -one basis is thn t he would go along with th project at no initial cost. Otherwieoe,· there would be a develop- m ntal cost for plans, etc., which would not be reimbursable under HUD. If plans are furnish d by the Housing Authority they would sti ll have to be taken to a developer, who would have to have th credibility to obtain finan r ing. The difference between a builder and a developer was explained. ' builder will bid on what his cost will be for building the 1ildi ng. A developer will obtain financing, as well. ·r . Merlin wanted to know if the Hou ing Authority can obtain financing, and after a brief discu ssi on it was determined hat this would not be possible b aus the lack of guaran~ in th program, and lack of track r t ord. Ir. Saul sai d that D nver has sev ral hundred units out for bids at th pre se nt time. They can rely on Housing Authority fund ( plus th y have backing from r venue bonds. • r \Ir. Ru rn!'. hi. t i mC' th • r i I h• f1 r hi v.n uthur wh th r th d v lopers had given any f d ba k iled to bid on th project. Mrs. K ian aid n me reports that the market r ntal not si bl , and that ano h r reason was that th unfamiliar with thi type of program. on d 3 • • • • 0 l• • working on the proj ec , he would p robably be willing to offer the service. He wo uld be running the risk that the Housing Authority might not get HUD support, and the project mi ght not g o ahead . Mr. Burns asked if preparing our own plans meant getting down to specifics, and what it would mean in time, cost, etc. Mr. Saul sai d that if the d eveloper were going to be required to meet the new criteria we might be able to do it only to the point of design development. He e xplained the process of developing documents of the program, schematics, showing how the design would be. On the design development level, the design is shown, system s ar e dcscrib d, spaces are shown. We could take this and make a compr ehe nsive esti mate of the project~ This would be roughly a ou t on third o f the cost of full service by any firm. He ask d what the project cost estimate had been for the Section 23 program. Mrs. Ko ·ian answered that it had been $2.5 million. Mr. Saul s aid that th e total fee would be about 5-1/2 or 6 per cent of this figure, and one -third of that amount would be for the service; abou $40,000. Vern Mann asked whether Mr. Saul thought B. B. Anderson would be willing to o along with this pro ram in this way, and Mr. Saul answ red hat he thought that, given the assurance that they would be th ol d veloper on the project, they would be int er s ted. Mr. Burns • skcd about the difference between Section 23 and Sec- tion 8. Lois Kocian said that under S ction 8 HUD will advertise for bids, and make hP se lection. !rs . Koci a said th at sh e felt the e ntire membership of the Hou sing uthorit y .~houl rl g o to HUD to see exactly what can be don , and how HUD an h lp. Sh sai d she had made a tentative appoint111ent with Ir. Bo la of the Division of Housing Production at HUD for Tues d y, J.nuary 14, at 2 :00. All agr d that thi would b a good ide a, nd would att nd th m ting. nt ion d he publicity w have r c ived, and expr s J th at w have a r ponsibility to the p ople to g t a proj ct 111 d !Crw y, !r. Saul su.,. t d making a stat m nt for th n" ·sp p r , hringing th publi o date on what is b in don . ~Ir . Kcwi. 11 ..., id th t h S ~ti n 23 proj< t and th pro•r1 o Ci y Council. had b n a k d to bait a r port on th R volvin R habilitation Lo n Fund to, o Hou in nd, al o. D.R.C.O.G. Au hority .. -' • • - " ( • • ( • • 0 I• • Mr. Mann suggested h a ving the city bus provide transportation of th e !lousing Authority membership to the meeting with HUD. It was a g r e ed that arrang e me nts should be made for this transportation, and m mber s were instructed to meet r t City Hall at 1:1 5 p.m. on Tu es day. Chairman Burns had two items to repo1t: 1) a tax notice on the Lincoln Str et property. The money had been paid to the Housing Authority at the tim e of the purchase of the property, so there was no necessity for authorization to pay the bill; 2) Memo from Karl Nollenberger regarding insurance on the property. This would be basic property damage and liability coverage, at a prem- ium of $150. This was discussed, and it was the general opinion that there was more on the statement than is necessary at the pr es ent time. ·it was agreed to look into the statement more carefully before approval. Mr. Burns reported that Councilman Dave Clayton had asked to be invited to one of the Housing Authority meetings to talk further about the Revolving Rehabilitation Loan Fund program. The State Division of Housing has not acted on the Authority's request for $90,000, and the Authority needs to dlscuss this program at its n e xt me eting. Mrs . Kocian felt there was room for discussion on making the loans availab l e to families, as well as the elderly. She also stated that the State' rationale was that in expecting repayment of the l o an, w are not serving the very lowest income group, but that in th a s e of a grant, we would be. Mr . Burns u g ge t d that the Housing Authority should have some- th i ng in wr it ing from the State Division of Housing as to why tli ny did not approve the program, since they had originally felt 1• r would be no problem. Mrs. Kocian expressed the opinion th t ·n p r og r a m might still be realized if some of the other program I.wi n ~ con id r d by th Stat do not materialize. rant should b nee ary, xample a vacant hou used to u p -dat e th a va anc y on th Council on A in , rlin uld b com th Authority' d • 'r . Ko t.n r port d o n th Dlrc-ctor o f Sw di h JI ld rly Jn t h o m uni y, u - ,. -' • • I - • • • • • • There being no fur t h r b usin es s to come before the Housing Authority, the meet i ng was adjourned at 9:00 p.m. Executive Secretary ,,. -I ' • • - -,-... • • 0 • llftaOlll'ICI 1•I01AND"IM Andy McCown, City Manager ..,.. Kells Waggoner ..-cl1 DARTMOUTH PARK OWNERSHIPS I• -··· DAn: February 13, 1975 Attached hereto are the maps depicting absentee owners in the area surrounding Dartmouth Park. A large scale map has been prepared for use when the Council receives the appraisal on the Rouse property. Sincerely, -?{-~()0----- Kells Waggoner Director of Public Works ls Attach. II -I • • , ,. . ' 0 - t;;: WEST DARTMOUTH AVE . •o" 002 J)4;f.,,,,, ~ ,4 >- OO > h j ~ @ •01 --I-' 00 1 ~ "' .... • I-1 I J I • .I • • • - • • • • ,,,_ ' 0 • INTl:HHOSPITAL EDUCATION ASSOCIATION if-d of Porter & Swedish Hoepllmls Mr. Andy Mccown City Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. McCown: February 6, 1975 Please extend lllY thanks and appreciation to the Englewood City Council for their decision last week to contribute $5,000 to the Paramedic Program to purchaae additional educational aids for more advanced training. Plea•e let them know that the physicians, nurses, and adlllini•tration of Swedish and Porter Hospital• feel that the program has been going beautifully so far and are particularly impre•aed with the cooperative •pirit of the Englewood Fire Department and its men. Please advise yo ur Council that the 1DOney contributed by Englewood will be used to purchase a teaching aid for the men to learn electrocardiography. Thi• i• a private corporate teaching audio-vi•ual program which i• self-admini•tered, and superb as far a• ve are concerned. When we have the unit in place and it h being used for teaching I would be delight d to have member• of the City Council come by the Swedish Emergency Room and see exactly how it works and where their l'IOney went. Again, I cannot tell you how much I appreciate the cooperation of the City Council and th Englewood Fire Department and re•t aHured that we all h r look forward to a long period of friendly and productive cooper tion • Very •inc:erely your•, ~ Robert s. Brittain, M.D. RSB:bjm 11'11-GllOIXT - • • - ROM: SUIJICT1 • • • • INTER.()fflCI MIMOIANDUM Andy Mccown, City Manager Kells Waggoner DAft: FEDERAL--BOW MAR DRAINAGE BASINS " February 12, 1975 The following schedule will be followed as closely as possible for the bidding and installation of the storm sewer in the Federal and Bow Mar Drainage basins: Advertise for bids Open bids @ 2:00 p.m. Award contract @ regular Council meeting @ 7:30 p.m. Estimated date for start of construction Estimated date for com- pletion of construction Sincerely, fe h:i i1'$~- Kella Waggoner Director of Public work• KW/ls Feb. Mar. Mar. Mar. Apr. Nov. 20 ' 27, ' 6, 1975 11, 1975 17, i975 14, 1975 14, 1975 ,, -' • . • • - • • • t• • MORATORIUM BUDG ETAR Y SAVINGS JANUARY, 197!! Posit ions 1 Patrol Officer 2 Detectives 3 cadets Total Police Department l Director of F inance l Systems Analyst l Risk Manager Total F i nance Department l I ntern Total City Manager Departme nt l Parks Superintendent Tota l Parks and Recreation 11 Total 7 Federa l Grant GRAND TO'l'AL $ l,014 2, 766 1,350 $ 5,130 2,122 1,263 1,263 $ 4,648 805 $ 805 1,352 $ 1,35 2 $11,935 1 ,300 $1 3 ,235 Depa~nt o r Feb ruary 11, l 7S ,,, -' ' ' • • • • - /<i;- Portion of Year to Date 8% DEPARTMENT OF FINANCE RF.ALIZATION OF BUT1<iETED REVENUES GENERAL f'UND Through Januar:r 31, 1975 Budgeted C urr ~nt Year to % of Budget Re venue Mon ,h Dete Collected --- Taxes: Proper ty Tax 646,819 Spec ific Ownership 23,000 Sales Ta x 3,439,333 412,017 412,017 Ciga rette Tax 450,000 36,678 36,678 Franchise Tax 347,000 511000 51,000 To al 4,906,1 52 499,695 499,695 10 Licenses & Permits: Business Licenses 70,000 17,877 17,877 Building Licenses 55,000 2,1.}_, 2,411 Total 125,000 20,:>88 20 ,288 16 Inter-Governmental Revenues: Federal Grants - Revenue Sha ring 660,000 State Grants Sta e Sha red Revenue 323,000 13,f?~ 13,874 A:r pahoe Bridge & Road 61,500 To al 1,044,500 13,f74 13 ,874 1 135,000 !49 549 ,000 7 676 5 , 00 2,93 2,938 ,100 530 530 10,000 17,29 2J ,l 1, 101 1,101 l, 1,160 2, n 2,527 2,000 99 2,400 lJ," 00 800 0,000 To • l 10 , 0 10,JSO 4 • • ur 1: ... ,000 ,905 5 . , '· 00 750 -222 T l. l 8 •• 00 .< ' 6, '' • , - • • (. Realization of Budgeted Revenues -General Fund Through January 31, 1975 P"«e 2 Miscellaneous: Interest 43,125 Rentals 74 Gain on Sale of Assets 1 Other 23 ,445 1,271 Total 66,570 1,346 Total Revenues 6 ,515,118 5521238 • • • • 74 1 11271 1,346 552,238 2 8 "' -' ' ' • • • , • - 0 • r- Portion of Year to Date 8% DEPARTMEN T OF FINAN CE EXPENDITURES T ::_ 1'5 B!JOOET GE!rl!.Ri\L F"JNT, Through January 31, 1975 Annual Current Year to Date % of Budget Ex~enditures ~enditure Budget Legislation & Council: City Council 49,274 16,714 16,714 Board of Adjustment 3,000 209 209 Career Service 6,206 125 125 Planning & Zo ning 4,945 288 288 Library 2,360 18 18 City Attorney 82,984 7,541 7,541 Hou sing & Redevel. 1,149 60 60 Su b-Total 149 ,918 24,955 24,955 17 Management: City Manager 108,705 1 ,l~ 11,120 Personnel 52,430 5,079 5,079 Communications 202,221 17,110 17,110 ( Sub -Total 363,356 33 ,309 33 ,309 9 Finance & Reco rd: Administration 113 , 712 4,464 4,464 t.!unic. Court 77,447 5,410 5,410 Ac oun ng and Au ornated Sys. 128,171 12,041 12,041 Revenue Div . 105,660 8 ,225 8,225 Purchasing 73 ,532 5,136 5,136 Gen. ration 179,342 16,548 16,548 Sub -Total 677,864 51,824 51,824 8 Pu lie Wo rks : 28, 38 2,126 2,126 163,758 8,699 8,699 605,499 50,864 50,864 • 191,959 30 ,008 30,008 99,697 4,542 4,542 Su -Total 1,089,751 96,239 96 ,239 9 1 .319,125 96,4JJ .96.433 7 • Po lice •' rtm nt 1, 545 , 7 115,650 115, 50 7 • • • • " -' ' I -• . • ·. - Expenditures to 1975 Budget -General Fund Through January 31, 1975 Page 2 Armual Current Year to Date % of Budget Ex;Eenditures Ex~nditure Budget Cormnunity Development: Code Enforcement 174,247 12,740 12,740 Housing & Redevel. 20,055 1,816 1,816 Planning 110,137 8,647 ~ ub-Total 304,439 23,203 23,203 8 Library 255,281 15, 773 15, 773 6 Parks & Recreation: Parks 536,293 42,209 42,209 Outdoor Swillming Pool 38,936 10 10 Indoor SwiJmning Pool 53,306 2,865 2,865 Spor & Games 69,098 3,767 3,767 Cultural Activities 55,450 3,253 3,253 Play r ound JO,J07 .. 44 Soft all 20,120 ZJO 8, 54 1,1. 44 G .~ .. "J:"!rations 88,311. 5,163 5,163 Old :imers 22,21.0 --11Q --11Q Sub-Total 922,71 57, 7C5 57, 705 7o al Expendi ures 61628,158 515,091 515,091 8 • • , ' Ta xr ,:;: Pro~r y Tax Sales Tax Sub-Total In er ove rP.men al Re ven ue: Revenue Sharing State Grant a e Shared Revenue Su -To al Su -To al otal R venu s r I • • 0 • Portion of Year to Date __ a ... % __ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBLIC IMPORVEMENT FUND Through January Jl, 1975 Budgeted Revenue Current llcmth Year to Date % of Budget Collected 1, 719 ,667 1,719,667 100,000 12,000 10,000 110,000 l , 41,667 206 ,00J 206,00J 4,000 4,000 210 ,00J 206 ,00J 206,00J 4,000 4,000 210 ,003 EXP ITU~ TO 1975 CUWLATIVE BUOOET Expenditures Curr nt Month 2.)1 100 25 l .ooo Projec to Date 327,764 20,049 I '.J)l )),002 2 1), 71,.,29 12 4 11 Balance Avail a le 17 ,382 7,.) U,6.)0 602, 52,97 67,845 .),2 2.),771 • • - • • Public Improveiaent Fund Through January 31, 1975 Page 2 Zuni Street Navajo Alignment-Right of Way Paving District #22 Parks- Bat s-Logan Belleview West Romans Park N.W. Greenbelt s.w. Greenbelt Interchange Handicapp d Play Apparatus Riv r Development Tenni Courts Fit Training Facility Housing City Hall Sprinkling SJ?ilC Utilization Stu y CUmulative Budget 62,500 3 ,900 90,339 303,552 90,302 112,250 9,850 12,000 1,154,863 112 ,713 20,000 90,000 18,000 11 ,000 4,637,287 • • , . • .. , Expenditures Current Month 7,321 45 9,521 30,965 Project to Date 650 46,646 286,266 34,970 18 ,362 89 327,941 112,660 17,971 8,000 2,406,29 Balance Available 50,000 61,850 150,000 3,900 43,693 19,286 5c;,33 2 9j,i:ldl 9,765 12,000 826,922 53 20,000 90 ,000 29 3,000 2,230,988 i'-I • • • .. - • ' Water Sales Other: Connection Charges Property Tax Rentals Interest Gain on Sale of Assets Aiscellaneous Sub-Total Total Revenues ( Source & Supply Power & Pum 1ng Purifica i ·.n :'r'!ns. & Dis B 11 ~ Collt!C ion , n r l • • ·, • <, Portion of Year to De.te DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES WATER FUND Through January 31, 1975 Budgeted Current Year to Revenue Month Date 1,107,243 11 2 ,187 112,187 100,000 6 6 4,080 240 240 28,000 35,000 713 713 167,080 959 959 1,274 ,323 113,146 113,146 EXPENDITURES TO 1975 BUOOET Annual Curren Year to Date Budget ExI?enditure ExI?enditure 61,900 3,038 3,038 124,416 3,022 J,022 108,349 6 ,404 6,404 1 ,524 11,990 11,990 57, 09 1,949 1,949 7 ,9 9 _h._ 2,890 % of Budget Collected 9 1 9 % of Budget 5 2 3 0 To • 1 pt!nse 1 ,227 ,4 27 29 ,2<n 29 ,293 • •I 8% • f - .. ' , Disposal Service Other: Connection Fees-Inside Connection Fees-Outside In erest Gain on Sale of Assets Inspec t ion Charges Hiscellaneous S ate Gran s Tot al To a l Revenu s ( Sant d r al • • • - Portion of Year to Date 8% DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUEs SEWER FUND Through __ J_an_u_a ..... ry.....__J_1 ... ,_l 9?-...5 __ Budgeted Revenue 676,300 30,000 270,000 50,000 3,000 1,500 3 54,500 l,OJO,t!OO Current Month 54,717 355 355 55,072 = Year to Date 54 ,717 355 355 55,072 -- EXPENDITURES TO 197 5 BUDGET Annu al Curr n Year to Date Budg e t ~ nditure Fx~nditure 23 ,445 15 , 532 15,532 5 ,241 J ,211 J ,211 405 , 1 ~ ~ 95,64 ,431 28 , 31 - % of Budget Colle cted 6 1 5 l or Budget 7 6 2 4 •. • • - MallCT1 ( • • • • • • 9ll80lllCI r•tDI-• And y Mccown, City Manager DA11i January 27, 1975 Bernard V. Berardini, City Attorney Englewood Dam I received the attached letter and agreement fr om Fuller and Evans, relative to ~erminating the Ci t y 's i nterest in a Lease Agreement executed in 1933 . You may recall, this situation first arose some mo n ths ago, and my recommendation to you at the time wa s tha t the City would have little, if nothing, to l oos e a s a result of terminating i ts inter est, if any, un der t he Lease Agreem e nt . BVB/kb Enclosures that the Lease b e execu t ed , rather than a s of No v - e d i n the l e tte r o f Ful ler • . • • , • 0 • . . FULLER ANO EVANS eoo l:OVITAeLC •u•LOINQ DENVER, COLORADO eozoz .JOHN M . l[V,t,,N8 OWIOMT Al.AN HAMILTON MACft l HT09H aft0WH Cl..YDlt A . P'AAT2, ,_, ... ,., l[H.-ONT ,.Ul.l.Clit or COU NSC \. .JOHN T. W l i.l..90N JA M CS C . •ANS I NO ..I AMC S "'· •TO u ,.rCllt January 22, 1975 Bernard V. nerardin i, Esq. City httorney 3400 South Elati Street Er.glewood, Colorado 80110 Re: Englewoo j Dam D ar Mr. B rardini: \ ' Enclosed is a Termination of Lease Agre r. nt which I ~~ve prep11red at your suggestion. You will not it is dat d as of November l, 1974 which was the dat prior to th first conveyanc of a lot by Sanford !!Oil' ::; to a hom buyer. Hopefully this will make it unn c ~s ry tog t the aignatur s of th add1tional ho.e r uy r~ subs quent to that dat If this agre ment app arc satisfactory, exccu d by th city anrl 1·f't1.. t:nf'd t-~ rr h•v i will hav adv u1 wh it ex cut d by th n rs dnd r~corded . n this has b en ccorupli~hed. Th nk• for yo~r h lp. Your s v ry truly, ..... l !. ,of llLLC l .:o \!,. .. : ca nclo1ur ,,, -' • • , • . . TERMINATION OF LEASE AGREEMENT This Termination of Lease Agreement is made as of November 1, 1974 by and between the City of Englewood, a Colorado municipal corporation, and Sanford Homes, Inc., a Colorado corporation and SMS Joint Venture, a Colorado co-partnership consisting of Wilridge Corporation, a Colorado corporation, and Development West Corp., a Colorado corporation, collectively referred to as "Owners", Witnesseth that: WHEREAS on December 2, 1933, a 99 year lease agreement was e xecuted by E. G. Heckendorf, as Lessor, and the City o f Englewood, a Colorado municipal corporation, as Lessee, whi c h lease agreement was recorded December 16, 1958 in Book 1102 at page 161 in the Office of the Clerk and Recorder of Arapahoe County, Colorado, hereinafter called "Lease Agreement," AND WHEREAS, said Lease Agreement pertained to Section 29, Township 5 South, Range 67 West of the 6th P. M., Arapahoe County, Colorado, hereinafter called "real property," which is now owned by Owners, AND WHEREAS, the terms and conditions of the Lease Agreement are no longer applicable and the City r:lf, Englewood has no further responsibility or obligations under the Lease Agreement, NOW THEREFORE In conside ration of the premises, the City of Englewood and the Owners do hereby terminate said Lease Agreement; t h e Ci ty of Englewood does hereby waive and release any and all right, title and interest in and to said real property which it has or at any time had as a result of said Lease Agreement; and the Owners waive and release any and all c laims t hey may have against the City of .Englewood aris i ng out of sai d Lease Agreement. This Agre em en t s h a ll b e binding upon and inure t o the benefit of the s ucce ssors and assigns of the parties her e to. At test: Di r ec t or o f Finance , Ex Officio Cl e rk - Treasu r e r STATE OF COLORADO ) )ss . COUNTY OF ARAP AH OE ) The City of Englewood, a Colorado Municipal Corporation The foregoing instrument was a cknow l dged before m this ay of , 197 , by Mayor of Th cityO?'"En9lewOO<r; a Colorado Municipal Corporation. W1 tn ss my hand and o fficial seal. y c ommission expire c • • • ·~ . \~ .. · ... • .. . -·''( f,:.,;.·· ...... it;11'lll!'<J ·' ~~ :~· -~ .; ' .... < ! :. .. f Sanford Homes, Inc. Attest: STATE OF COLORADO ) )ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this .....,........,........,... day of , 197 ·by Charles H. Sanford, as President, and Nicholas M. Schmidt-as-secretary of Sanford Homes, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires Attest: Attest: STATE OF COLORADO ) ) as. COUNTY OF ARAPAHOE ) Notary PUblic ~· SMS Joint Venture, a Colorado co-partnership Development West Corp. (partner) By _P_r_e_s_i_d~e-n-t----------~ Wilridge Corporation (partner) The foregoing instrument waa acknowledged before me thia day of , 197 by Charle• H. Sanford, _a_s_P~r-e-sident, and Nicholas M. Schmi!t'"is Secretary of Development West Corp., a Colorado corporation, and by ~~-----------~--------' aa Preaident and as ------------Secretary of Wilridge Cor poration, a Color~do corporation. Witness mt hand a~d offic ial •eal. ~y co isaion xpir • tfo tary Pubhc -2- • 0 • • - ..... • • 0 ·, • llft'aOflllCI ···~· Andy McCown, City Manager Bernard V. Berardini, City Attorney Englewood Dam -1933 Lease Agreement I• February 3, 1975 With reference to the Fuller and Evans request to terminate the City' interest under the old lease agreement, I have taken th liberty of having Kadi retype the old 1 a , which i hardly legible, and am enclosing it th th1 • ao. Also, of course, 1 a 1n lud1n the original lease, which should b part of our records, together with the Order and Jud • n o th Arapahoe County District Court, Civil Action o. Zl 39, ntered June 26, 1968, essentially defeatin th City' claim to quiet titl to the area of th En lewood Da•, located in Section 29 , Township S South, Ran 67 West. Although the Summary Judgment entered by Jud e augle did not expressly cancel the lease, it would be •Y opinion that the ultiaate effect of the Order did, in fact, do so. Consequently, it would seem that the City has nothing to loose now in clearing up the title of the property owners in Section 29. I) • < -.a .d_ '-A.:.x ICL • c( • BERNARD V. BERARDINI City Attorney BVB/kb Enclosures " • • , • • • 0 • ENGLEWOOD DAM THIS INDENTURE, Made this second day of December in the year of our Lord one thousand nine hundred and thirty three, between E. C. Heckendorf, of the Cou nty of Arapahoe, State of Colorado, party of the first part and the City of Englewood, Colorado, a municipal corp - oration, party of the second part. WITNESSETH, that the said partyof the fir s t part, for andin consideration of the sum of one and no/1 00 ($1.00) dollar to him in hand paid by the partyof the second part, a receip t the~eof i s hereby acknowl ed ed , and in further consideration of the covenants an d agree- ments hereinafter mentioned, to be kept and p e r form d by the 'p.Jrty of the second part, hereby leases unt o the s aid party of the s econd part, the f ollowing de - c ribed premise s si tuate, lying and bein g in the County of Arapahoe , Stat e o f Colorado , descri bed s fo l low , t o-wi t : A site for dam on Li t tle Dry Cr ee k near the Junction of Little Dry Creek a nd Renton Cre k, loc ted on ection t wenty - nin (29), Town hip 1ve (5) South, Ran Sixty· even (67) West, includi n g t he ri ht -1 - • • -• - to enter upon the premises of the party of the first part for the purpose of building and maintaining a thirty foot dam with a fourteen hundred (1400) foot crest, and the right to excavate said use dirt from said Section twenty -nine for the purpose of building and maintaining the said dam. TO HAVE AND TO HOLD, The said described premises with the rights and priv i leges above given unto the party of the second part from the 2nd day of December, A.D ., 1933 for a period of ninety -nine (99) years. And the part)'of the first part in consideration of the premises further agrees and does hereby /~lease the party of the second part from any and all claims for damages wh ic h he might or may have against the party of the second part during the term of this lease, causedby th building and maintaining of said daa and the flooding of his lands by wate r held back or iapounded by said dam . "' -I The party of the second part agrees in consideration of the above lea e that it will at all times maintain aid dam in aood condition nd to allow th party of the f r t part)' to dr w water purpo e in ofar ar proper nd r lves a ar nee •pound d by said daa for irriaation hi r hts to aid wat r for irri ation h , and o provide s u ch outlet and ry to ithdraw aid irriaation water . ·2· • • • • • • 0 - Party of the second part further agrees and does hereby grant and release to the party of the first part any and all rights or claims that they have or may have to the water impounded by said dam for irrigation purposes. It is further mutually agreed that party of the first part shall have and retain all of the rights for hunting and fishing on said premises and on the water impounded by said dam. It is further mu ~ally i~r~e d that in case party of the second part shall fail to keep any of the cove - nants nd agreements herein contained that t~~ lease may be terminated at the option of the party of the first part as giving party of the second part written notice of its failure to comply with the covenants and conditions ob tained therein and stating his intention to terminate id lease at the end of six months fro• the date of service of aid notice unless said conditions and covenants h v been complied with prior to that time . IN WIT ESS WHEREOF, The parties have hereunto et their h nd and seals the day and year first above written . /SI E. C. Heckendorf THB CITY OF ENGLEWOOD, COLORADO, by: Mayor • • - , • • ( IN THE DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAHOE AND STATE OF COLORADO Civil Action No.\ 21839 \ CITY' OF-ENGLEWOOD, et al, ) Plaintitta, ~ vs. ) ) BOARD OF COUNTY' CCl!MISSIONERS ) OF ARAPAHOE COUNTY, COLORADO, et a1, ) ) De!endanta. ) J( .l Motion tor a s-1"1' Judgaent harlDg been regularly mad• by the Defendants, said motion c-• on regularly to be heard on the __ dq ot _____ , 1968, Plaintitt beinc represented by Joseph W. Eacho! lf,Jric'k, Criswell and Bn.11ne7 and Robert R. Gallaghe r, Jr., Robert R. Gal.lagiler appearing pereonal.ly and the de!endanta being repreHnted by lnoiq J. llQutin o! 11Q'ut1n and Hqutin. 'lhe Court atter haTinc considered the plead1n1•, th• 110tion tor .-1"1' judpent, attidaTit attached, (no oppod.111 att1dants haTinc been Hrftd or tiled) and haTinc UAJlined t.he briet ot the defendants, heard arguments ot both oounsel. tor PlaintiUs and De1'end&nts and beinc ~ ad'rl.sed in the pre.ins, t1nda in !&Tor ot the Detendanta on their Motion tor S1-&1'7 J'Udpent. l'r IS idikDClll BlllDI CltIDED, mnJimD ilD IEC1t11D that the Detend&nta' Motion tor s-.17 J\ldpent be and lwreby b put.eel. l'r IS l'URTBlll OIDEltl:D, ADJUDGED AID IECRIZD that the Pl.&inUtts take nothing by their suit and that the Detelldants be diachaJopd vith their oosta. /(,/. JtlDGA . "' ~ Dated th1a ~ dq ot jll.-• .. , A. D. 1968. , ••• l : I •. • • - • • • 0 • INTll.()llfilCI IWtc>a ....... Andy Mccown, City Manager fllOM: Kells Waggoner DAft: February 10, 19 7 5 _,ICT, LEASE OF PROPERTY • During the accumulation of property for the Bi-City Treat- ment Plant, it was necessary to acquire property from Gerald Clapp. This property is just east of our animal pound and is to be used by the Servicenter in trade for property to the south of the Servicenter. The Clapps are supposed to vacatethe premises by March 1, 1975 or be evicted. They have called requesting an exten- sion for various reasons, one being that they don't have a place to move to; and have indicated a willingness to lease the property. I have not discussed price with them, but mi ght suggest the following schedule be incorporated i nto a lease paper. NOTE : Bu i ldings ten year old or older are leasing fo r 85¢ per square foot per year. There are thre e buildings on the site, one an old metal b ui lding, f or which I have used 50¢/Sq. Ft. as a l e as e fe e . Bldg . l -3 315 Sq. F t . @ 85¢ -----------$2,817.75 Bldg . 2 -5 7 6 Sq . Ft . @ 8 5 ¢ -----------489.60 Bldg . 3 -1 4 25 Sq . Ft . @ 5 0¢ -----------712.50 TOTAL PE R YEAR ------------------------$4,019.8 5 (Us $335.00 pr month) As an inc n i v e to v cat th p rop rty , I would e ugg st: Wl.th th March l, 1975 to Jun l, 1975 Jun 1, l 75 to Sep r l, 1975 S pt r l, 1975 to Dec. l, 1975 Dec. 1, 1975 o rch 1, 1976, or ll ineur nee and util1t1ea. th land con- land . ,. -' • • • • t• ·, • -------~~-- ~ t\A ~ ROLL CALL Uh. l,L ~.rv-~ ~t«--h ~ ~ b·'• t.,zJ fil a..µ~ ~ vt-~ t ~ ~ * ~c,... ...... :..a _ Moved Secon<led Aye Nay Abstain Absent ~-Jones v , Sovern " MA"" v , 1uess1ng ...... ~-Brown ,,. Clavton " Mayor Tavlor y ;1uuw t,,;< ~~ / . L~""'-j fun-. ~ LCJdl~ ~ ~ ~~~ f ./ ~u-._ 17 • • • - ( ( To: From: Da e: • 0 • M E M 0 R A N D U M An dy Mccown, City Manage r Karl Nollenberger, Assistant City Manager hi ef Hamilton, Fire Department h'ef ClAs y , Poli e Depa rtment Ha r v Taylor, Purc hasir.r A ent Poli c and Fire Vehicle Bid 1975 Febr · <i ry 12, 1075 "eqled ~~opos 1 wP re r eceive~ t:· •h Dire or of Fin 1n cc (Purchasing m February 11, 19"5 for suprl;vin!' nine ) i "P. pa trol v ~icl ~ and one fire depar mPnt s arr vehic:e :o n C~ y o f £n : woo d . B ds w rf> "' Pived an ollows : !:' 0 L. r-Ply OU l 11 ' 8 .. : ~ r~ a OILS. d • • , - r-· Andy Mc Co wn, Ci ty Uar a ger February 1 2 , 1 9 7 5 Page 2 • • - The Fire Department budgeted $3 ,50 0 for one v ehicle, while th P low bid was $3 ,076. The Fire Department vehicle is $424.00 under budget. We r e commend t he proposal s ubmitted by Bill Crouch Chrysler P l y mouth f o r supplying ten (10) vehicles to the City of E n g lewo od r~r a total of $36,2 95 .71 be accepted and award made . <.'-( /~ .ll \ ·~ Kar l Nollenb e r rer Assistan Ci t y anager Fire Dep 11 r ment ms .~ -( -:~(f"~ ~.(m?!I C e Jae asby P olice Departmen t l ,,it __,~ • . • • ( ( • • 0 • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS APPL CANT : U-Tote -M 12J East Belleview Englewood, Colo rado TYPE OF ACTION REQUESTED: Renewal of J.2 beer license POLICE AND FBI REPORTS: See a ached report PREVIOUS CITY COUNCIL ACTIONS !XJRING PRIOR TWO YEARS, EXCWDING ANNUAL RENEWAL: one S: , -' ---) (1 • • - • • • • ST ATE OF COLORADO • DEPARTMENT OF REVENUE llEIEWAL Al'PLICATIOll FOii 3.Z% -- .._( ~T11NC A.l""•O VAI O f IOCAJ UC fNS•"fG A.Uh40 •11Y •I •tau1 110 sr""i> ro coto• .. oo Of,AUM.t '°" ()f ll:f VCN U! ST4Tf (~IOI ANN!ll 1]1) S..ll ... A"f )I Of"'l "f ' COtO 701 FERMEllTEO MALT BEVERAGE LICENSES (GET APPROVAL OF LOCAL LICEllSlllG AUTHORITY FIRSTI U TCT E M OF LULr 1332 123 BE:LLVID~ cl'll GL .c llC 00 CC INC bOllC I CERTIFY THAT THUE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORA TE STIUCTUIE. 00 NOl WRIT! tH THIS SPACf LIQUOR ENFORCEMENT OFFICER 'S ACTION APHOV£D ::r-o--"'-2 ?, j - DISAPl'ttOV£D -r-..., ... rg: ,.., .. _ _.. -~ t.. ...... u DATE . .,, SIGNATUlf W ~ 0 . I ~,J,.., (IF THER E IS A CHA NGE IN OWNERSHIP DO NOT use THIS FORM . use AN ORIGINAL APPLICATION .) I MPO~TANT SEE INSTR UCTIONS ON THE REVER SE SIDE MANA GER'S NAME Betty Johnson IF APPLICANT IS A CORPORATION , Fill IN REVERSE SIDE NEW TRADE NAME MAKE CHECK OR MONEY ORDER 'AYASLE TO Tl1~ COlORAOO DEPARTMENT Of "1:V£NUE RE NEWAL APPLIC ATION FOR 3 2% FERMENTED MALT lll'VERAGE LICENSE FOii THE YEAlt ENDING TOTAL FEE (S) { l l "'ll ilJ Y !H fO l#o.t.ll O H ou.m cm ~' 1 ...._"" rt ll-l 1 5 CC-O.l7 10 006 5411 3 U32070 TYPE ·' NAME AND DESCRIPTION OF LICENSE J . 2 P f' 1,. ::'. '< l o F .-~ R -TA I L LI L , ,, ~ _ 031976 .S 25 • ..,v jlhe f0Ho w•n9 offtdo1t1t to be ''Oned or\d OC~l\Owktdged by lnd1Ytdval1 ond eo<h ......... of ~ -.d by COf"PMohonsl Ii oppl• too" 1~ fOf •"'portef • lte:9f'Y 1nMtt ,:to .. of bu•1neu r~dence . ) STAIE Of CO l Co-;"'ty ot ADO Denve r } SS Willi•• D Leopoldua of t+te obo.... ftO....cf <orpot9110ft Thoi he ho• r"4 htt ..,.tatftOI OHkc:otMMt oftd MOtt•r~ ond "'""'' ~ wt hw1+t -. wwe -4 ht. ••fl kN~. of\d he oorMt to by n.. DE'AITM(N T Of lltV£NUf IN CONNl!CTION THflltWfTH t>NOU•ll AHO 4U ~•us Of •AITN(fttW OI! ,., MUil SfGH HUit .. ....... , ,, -I • • ( • I • • 6' -' • - ,, /. If THI APP!IUll T IS A COIPOIATICMI, -(o), I\), (<), 14) ....i (el (a) o,...,.,,.d ..,., the low •• ""' s-...... ~°'~9.~~~~ ................... l>ete ... M.y .. 2.2 •. 1962 ... . 1b1 P11n<ipo l ~••itiff•" ,.....,,.., "'··· .. .. P.,o:v•r. .... ...... .. ........... c .... 1y et. .. ~~r:. .... .. •< Date •f 11!1.,9 last a'""'91 CM,HH•fe ttport to tit. S.u etorr of ~tote ... .2 ~i .IJ~74 .......... . • Ste le of Colarado Nome Hom e Addr ess Cit, Oar of Buth Ler oy _He l c~r . . . W illi ~m D L eopo l 4u~ .. W. A. L a nkfo.r~. W. A. La n k.fo ~4 Betty Jp hna ~m P d 3708 Inverneaa Houaton, Texaa · · · .... ••• · ·15.54 s ·!uc:i·c>~ .. A&iri:ira .... coioracio . . , \I <•~Pr~s1~e nl , . • . . . . . .........• • ..•......•• 1.... . . . . . ... .. r,.0 .,.,,. ... 6_260. Will.~i:~.W•.fL ~!i.~.~~-~'-.. ~~xa~ .. .. s."''"'Y . 62 .60 .~Pler.1! .. Wl!Y., .!fo.uatC)!l,, .. Teua .. , •• ,, , , 11.509. ~ Mll. !'~ ....... J?es:i.ve~, .. co~.oi::•.~C! .. Month Oay Y 1'01 7-8-12 1 -5-45 3-7-11 3-7-11 3-10-3 5 ~"1-cfdu t. O '#ftlf'I~ Ur ~oll1 ng 10 ., " 1, l;f rizf' {op1tul ~:ock of the Ce rpor af ion . (I nclude ottuel owMr ., ,..,....., Use c"po112•.,. ~ .... r :' J No rnt' Homt S rett No . aM City 'e"""' of lJ t f 8111ft Fairmo nt Pooda .. Company Sttt ~ Owtted Mr• I Ooy Y """ Omaha, .N~br~•.k~ ............... , ..... 100.l ; .. ... ················ , ..... ·········· ... .. ··················· : ...... ·········; ····· ·········· ··········· .... ....... ; ... ... ... ······ ......... ······ ............................ . . . ·············· ··············.' ............. ········ ...... ·········· . . ···················· ......... . .......... ············ ........... , . ...... ··········· ... , ............. . NOTICE ' I \SUI' TH AT YOUR LICE NSE IS ISW EO ON TIME IT IS IMPORTAU THAT THI S DOCUMEN T. WITH YOU . : '! re R[ 11TTA CE. Bf AT TH E COLORADO DE PA RT MENT OF REVENUE . STA TE CA PITOL "• rw.1. 137 5 'H ~AN • TRHT. DEN VER AT Lf AS T rtfTEE (15) DAYS PRIOR TO YOUR EX .1 11 llW 10 UP. t J MU SJ BE IN TH H NOS or TH E J CAL APPRO VING AUTHORIT Y AT LC AS .. r. PRIOR TO Fr i IATI ON • . • • - ( • • 0 • MEMORANDUM TO: Finance Di rector FROM: Po Ii ce Department DATE: February 12, 1975 SU BJECT: LIQUOR OUTLET CALLS -U-T OTE -M, 123 E. BELLEVIEW Please be advised the pol tee department has received no cal Is to the above establishment during the past year In connect ion with their liquor license. , ~,,,._ ~ .. .::/ 7/.?nf'~ Robert L. ~rgan / Ac Ing Chief of Police ez "'.. ' •. • • I • • I TRODUCED A5 A BILL BY COUJl,CILMA CLAYTON BY AUTHORITY ORDI . NCE o. ~ I SFRJES OF 1975 AN ORDI . er AME SERIES 1974, FOR ID W.\LK T EQUAL A.NNll . I. I 23 , SPECIAL ASSESS IE TS 0. 7 4 IN TE ( 10) ·ow, THERFFORE, BE IT ORDAINED BY THE CTTY COU Cl OF THE CITY OF E .GLE WOOD, COLORADO, as fol l ows: S ction 1. T~at Sec i~n 6 of Ordinance No. 23, Serie. 1974, and he sa~e is hereby amended to read as follows: d n Sec ion In rodu n th 3rd r d 1n ull nd p J on i r I f r IT , 1 75. 6' -' • • -• 0 ·, • Published as a Bill for an Ordinance on the 6th day of February, 1975. Read by title and passed on final reading on the 18th day of February, 1975. Published by ti le as Ordinance o. ~~~' Series of 1975, on the 20th day of February, 19 5. MAYOR ATTEST: e off1c10 City Clerk-Treasurer I, Karl . ollenberger, do hereby certify h t th bov nd foregoing is a tru , ccurate and cornpl te copy of the Ordinance, passed on final readin and publ1 hed by title , Ordinance 'o. , Series of 1975. e o . .. - ,_ ' •. • • , l • • • • - 1 TRODUCF.D AS A BILI BY COllNClLMA CLAYTON R' ~UTHOP. TTY ORDL E ·o . , SERI ES OF 1975 A. ORDI . NC• AM~.'D 'G SFCT 10 , ORDI CE '0. 23, SERI£S 1974 , r i LRMl , ) "IE, lJF SPECIAL ASSES5MPffS FOR IDEWAV IMPtf'l 'LIE. I Di.ST!llc.T 'O. 7 L TEl" (10) EQllAL .. n.J I ST LL ··re::. 'ow, THER FF0RE, BE lT ORDAi. ~ BY rHr c TY COUNCIL OF THE CHY or: E.'GLEWOOD, COLOR DO, c1s follow!': Sec ion l. f .1 ,ec io 6 of Ord1nance 'o. 2 , Sette 1974, b and he a~e is hereby amended to read a s follo _. Sec ion 6 . . d n r 1d i o • • • - ( • • • • • (• • Publi hed as a Bill for an Ordinance on the bth day of Fchruarv, lg S. Read by title and passed on final readin on th lg h day or Februarv, 19~5. Published by t1 le a of 1975 , on he 20th day o ATTEST: Ordina nce No. February, 19 S. \AYOR ex offi io Ci y Clerk-Tr asurer I, II: rl .ollen erger, do hereby cer ify t ha tn abov nd foregoing is a rue, accura e and co plete c p~ o he Ordinance, pas d n fin l reading and pu lished by title • Ordin nc• .'o. , Series of 19 S. lClO lty urer ,,,_ ' • . • • • • • 0 • I 'TRODUCED AS A BILL BY OUSCil.MA.' CLA TO~ \lJTflOR I TY ORDI. , L.E '< '· , SERIES OF 1975 A. ORD SERIES r:QR SJ "\I L EQUAi. .\ ·o w, THf:RH RE, B. I ORDAl'IE BY Tl! l.JTY COU "ClL 0 THE CITY O~ G G EWuOD, COLOR DO, JS follow~. Sec ion 1 . Th 1974, e nd ollo r in lntr hl 0 h -l • r..,inance o. 23, Scr:e by amended to read a 1 1 l l nd Fe r ur , l Q • • • • 0 t• • Published as a ill for an Ordi n a n ce on the bth day of february, 1975 . Read by title and passed on final rea ding on t he 1 th day of February, 1975. Published by t1tl a Ordinance o . of 19 5, on the 20th day of February, 19 5. fAYOR ATTEST: e · officio City Cler Tr a_urer I, ·arl . oll nber er, o h reby cer 1 ~Y t h t he and ore 01n i a tru<', cur t e '.tnd .:omple .., c P." Ordin. ce, pass d n final re din and publ1 h d I s Ordinance ~o. , Series of 19~5. lCiO i t y •. • • • 0 • INTRODUCED AS A BILL BY COUNCILMAN BROWN BY AUTHORITY ORDINANCE NO. j , SERIES OF 1975 AN ORDINANCE AMENDING SECTIONS 3, 4, ANDS, CHAPTER 1, TITLE XIII OF THE 1969 E GLEWOOD MUNICIP AL CODE BY REDEFINI G CLASS "F" OPERATORS AND INCREASING THE LIQUOR. OCCUPATIONAL FEE FOR OPERATORS SELLING 3.2 BEER FOR CO SUMPTION ON THE PREMISES AND FOR ALL CLASSES OF OPERATORS AN D AUTHORIZI G PROPORTION AL CHARGES THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 3, 4, and S, Chapter 1, Title XIII, of the 1969 Englewood Municipal Code are hereby amended to read as follows: 13 -1 -3 CLASS IF I CA Tl ONS The business of selling at retail any 3.Z per cent beer, malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified s uch occupation for th purposes of this section a follows: (a) ( ) (C) Operators: All operators who licen ed to 11 beer, win and p1r1tuou liquors for con u ption on th pr i e hotel or restauran hall be Cla "A" Operator . • 1 • licen ed by the . shall llc n d on •in a l pr a1 e •. • • ( 13-1-4 • • 0 I• - (d) Class "D" Operators: All operator s licensed as drug s tores to sell malt, vinous or spirituous liquors in original containers for co n sum ption off the premises, shall be Class "D" Operators. (e ) Class ''E" Operators: All operators licensed to s ell malt, vinous, or spirituous liquors as clubs are Class "E" Operators. (f) Class "F" Operators: All operators licensed to sell only 3.2\ beer for consumption off the premises of the licensee. (g) CLASS "G" OPERATORS: AL L OPERATOR ICE SE TO SELL 0 LY 3. 2\ BEER FOR CONSUMPTIO BOTH 0 AND OFF THE PREMISES OF THE LICEN EE. AMOUNT OF FEE There is hereby levied and assess d for each calendar year, or fr c t ional year, an occupa- tional fee upon the busine s es selling 3.2\ beer, malt, vinous or spi rituous liquors, except medicin 1 liquo rs, within t he Ci y, as said occupation has been classified as follows: For all Cl ass For all Cla s For ll Class For all Cla For all Cl For all Cl -For 11 Cl ( ) s h Di ec 1. "A" Operators of $650.00 "B" Operator of $250.00 "C'' Operator of 300.00 "D" Op erator of $300.00 "E'' Operators of $250.00 '*F" Operators of $250.00 "G" pera ors of $40 0.00 h ll due and p y ble to th Finance ollow : " .. "B ... ••c". "D", nc.1 , nuar 1 ea h ear, delinquent February 1 o -2· I' -' • • , - • • 0 • Z. For all Class "F" and "G" Operators, each year on the d a te of issuance, and shall be delinquent thirty (30) days thereafter. (b) Upon receipt of said fee, the Director shall issue a receipt showing the name of the person paying the same, the annual period for which the fee is paid, and the location of the place of business, which receipt shall at all time during said year be kept posted in a conspicuous place on said premises. (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 rn JA !J RY 1, OF ANY YEAR, the fee shall be prorated for the remaining portion of the year or the REMAINING POR- TION OF ANY CLASS "F" AD "G" OPERATOR'S LICENSE. However, if uch business is actually in exi tence and only temporarily closed, no such proration shall be made, and no refund shall be made to any person who discontinues said business durin the year. All prorated fees herein pro ided, shall be due and p yable upon the beginning of bu - iness, OR UPC WRITTE OTICE BY THE DIR CTOR, and shall b delinquen ten (10) da ther - after. Interest shall accrue on all delin- quent fee from the date of delinqu n cy until p id or collected at th rat o 1\ per month. Introduced, re d in full nd pa sed on fir re di n on the 20th day of J nuary, 19 5. Pub lished a Bill or n Ord1n nc on he O h a of J nuary, 1975. -3- ' ,,. -' • • - • • 0 I• • Read by title and passed on final reading on the 18th day of February, 1975. Published by title as Ordinance No. ~~~' Series of 1975, on the 20th day of February, 1975. MAYOR ATTEST: ex officio City Clerk-Treasure r I, Karl Nollenberger, do hereby certify that the above and foregoing i a ~ru , accurate and complete copy of the Ordinance, passed on final reading and publi she d by title as Ordinance o. , Series of 19 5. ex o fficio City Clerk-Treasurer • • - ( • • • 0 • INTRODUCED AS A BILL BY COUNCILMAN BROWN BY AUTHORITY ORDINANCE NO. , SERIES OF 1975 AN ORDINANCE AMENDING SECTIONS 3, 4, AND 5, CHAPTER 1, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY REDEFINI G CLASS "F" OPERATORS AND INCREASING THE LIQUOR. OCCUPATIONAL FEE FOR OPERATORS SELLIN G 3.2 BEER FOR CONSUMPTION ON THE PREMISES AND FOR ALL CLASSES OF OPERATORS AND AUTHORIZ ING PROPORTIONAL CHARGES THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. .. -' That Sections 3, 4, and 5, Chapter 1, Title XIII, of the 1969 Englewood Municipal Code are hereby amended to read as follows: 13-1-3 CLASSIFICATIONS The busines of selling at retail any 3.2 per cent beer, malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified a uch occupation for the purpo e of this section as follows: (•) Class "A" Opera ors: All operators who are licensed to ell beer, wine and spirituou liquors for consu ption on the preai es a hotel or restaurants hall be Cla "A" Opera tor . (b ) Cla to (c) -1 -• • 13-1-4 13-1-5 • • • • (d) Class "D" Operators: All operators licensed as drug stores to sell malt, vinous or spirituous liquors in original containers for consumption off the premises, shall be Class "D" Operators. (e) Class "E" Operators: All operators licensed to sell malt, vinous, or spirituous liquors as clubs are Class "E" Operators. (f) Class "F" Operators: All operators licensed to sell only 3.2\ beer for consumption off the premises of the licensee. (g) CLASS "G" OPERATORS: ALL OPERATORS LICENSED TO SELL ONLY 5. 2l BEER FOR CONSUMPTION BOTH ON AND OFF THE PREMISES OF THE LICENSEE. AMOUNT OF FEE There is hereby levied and assessed for each calendar year, or fractional year, an occupa- tional fee upon the businesses selling 3.2\ beer, aalt, vinous or spirituous liquors, except aedicinal liquors, within the City, as said occupation has been classified as follows: For all Class For all Cl SS For all Cla For all Cla s For all Cla For all Cla For all Cla PAYME T OF FEE (a) Such fee Director o 1. For "A'' Operators the sua of S65o.oo "B'' Operators the SUll of $250.00 Operators the sua of $300.0 0 "D" Operators the SU of S300.0 0 " .. Operator he SUll of $250.00 ''F" Operator the SUll of $25 0.00 "G" Operator th ua of U0 0.00 hall b Fin nc due and payable a follows: o the "A 0 • " u, ucu • "D", nd , J nuary 1 ach y ar, d 11nqu nt ebruary l of -2 -• • - -·- • • • • • t• • 2. For all Class "F" and "G" Operators, each year on the date of issuance, and shall be delinquent thirty (30) days thereafter. (b) Upon receipt of said fee, the Director shall issue a receipt showing the name of the person paying the same, the annual period for which the fee is paid, and the location of the place of business, which receipt shall at all time during said year be kept posted in a conspicuous place on said premises. (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 r n JA ·wn 1, OF ANY YEAR, the fee shall be prorated for the remaining portion of the year or the REMAINING POR- TION OF ANY CLASS "F" AND "G" 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 bus- iness, OR UPON WRITTEN NOTICE BY THE DIRECTOR, and shall be delinquent ten (10) days there- after. Interest shall accrue on all delin- quent fee from the date of delinquency until paid or collected at the rate of 1\ per aonth. Introduced, read in full and passed on first reading on the 20 th day of January, 19 S. Published a a Bill for an Ordinance on the 30th day of January, 1975 • ·3· • . • • - ( • • • Read by title and passed on final reading on the 18th day of February, 1975. Published by title as Ordinance No. ~~~' Series of 1975, on the 20th day of February, 1975. MAYOR ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a t ru , accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 19 S. ex officio City Clerk-Treasurer .,. "' -' ·- • • • • • • - RESOLllrION N0. ___ 1_2 __ , SERIES OF 1975 A RESOLUTION APPRJPRIATING MONIES IN THE GENERAL FUND. WHEREAS, the City Council has increased liquor occupational fees in the City for liquor and beer outlets, and, WHEREAS, the City Council desires to utilize the additioflfl funds in the area of alcholic rehabilitation. 11'.lW, THEREFORE, BE IT RESOLVED AS FOLLCWS: Section 1. The following estimated revenue and expenditure are outlayed i .n the General Fund. Revenues Liquor Occupational Fees $3500 Expenditure Aid to other agencies $3500 . Section 2. The City Manager and Director of Finance are hereby authoriz d to amend the 1975 Budget as indicated above. ADOPTED AND APPJW:>VED this 18th day of February, 1 9 75. A'l"l'EST : Cl e rkJJ'r a u r r I , Karl No llenber CJ.ty of Enq l ood, Color oin • tru , a rat riH o 197S • MAYOR PR:> TEM x officio City Cl e rk -'f r .. ti r by r ify th4 th l• the nd f 12 • • -• - RE50Lt11'ION N0.~~~1_2~-' SERI ES OF 19 75 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL FUND. WHEREAS, the City council has increased liquor occupational fees in the City for liquor and beer outlets, and, WHEREAS, the City Council desires t o utilize the add i tion~l funds in the area of alcholic rehabilitation. ~, THEREFORE, BE IT RESOLVED AS FOLI.,a.iS: Section 1. The following estimated reve nue and expend i ture are outlayed in the General Fund. Revenues Liquor Occupatio nal Fees $3500 Expenditure Aid to oth r agencies $3500 Section 2. The City Manager and Directo r of Financ ar her~y authoriz d to &111end the 1975 Budget as indicated above. A PTED A APPROVED this 18th A't'l' y of February, 19 7 5 . r o th nd o r - 12 ,,. -' • • -... • • • • • • ,, INTRODUCED AS A BILL BY COUNCILMAN ~--''==-L;:::;..!.Jw~--~·~o~tJ~~~~ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ENGLE- WOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD RELATING TO H~ING REHABILITATION LOAN PitOGkVl AND AUTHORIZING THE MAYOR OF THE CITY COUNCIL TO EXECUTE THE SAME. 1Z wJP~ ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. City Council of Englewood, Colorado finds, determines and declares: (a) That there is a shortage in the City of Engle wood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families . (b) That the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate income families are public uses and purposes and are governmental and municipal functions. (c) That the rehabilitiation of substandard housing would confer a general benefit on the City of Englewood at large. (d) That it is essential and there exists a compelling need to make funds available to low and moderate income families for the rehabilitation of substandard housing. (e) That the funds made available for the purp o of implementing and executing the terms and provision of the Agreement between the City of Englewood and the Englewood Housing Authority ultimately go to public, rather than private, purposes. (f) That the necessity in the public interest for the provisions enacted in this ordinance and contained -1 - ,, -' • . • • , • • - • • • • • • ,,, -' in the Agreement of February , 1975 between the City of Englewood and the Englewoocr-HOusing Authority are hereby declared to be a matter of legislative determination. Section 2. The Agreement between the Englewood Housing Authority and the City of Englewood dated February 1975 relating to a housing rehabilitation loan program a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. Section 3. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975 . MAYOR ATTEST: ex officio City Clerk -Treasurer I, Karl ollenberger, do hereby certify that the hove and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and p ssed on first reading on the 18th day of February, 1975 . -2- • • I • • • • • • • AGREEMENT THIS AGREEME T entered into this day of February, A.D., 1975 by and between the City of Englewood, a municipal corporation, herein called City, and the Englewood Hou sing Authority, a body co rporate and politic, organized and existing pursuant to Title 29 , Article 4, Colorado Revised Statutes 19 73, herein called Authority. WITNESSE 1H: WHEREAS, there is a shortage in the City of Englewood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families; and WHEREAS, the elimination of substandard hous ing and the providing of de c ent, safe and sanitary housing for low and moderate and elde rly families are publi c uses and purposes and are governmental and municipal functions; and WHEREAS, th rehabilitation of substandard housing would confer a general benefit on the Ci t y of Englewood a large; and WHEREAS, it i e sen ial and th ere exi t s a com- pellin need to ake fund available t o low income elderly citizens and f ilie for rehabilitation of ubs ndard hou -in nd "''HE EA th fund ad available for the purpo I ple• n in nd cut1na the t rm and pro i ion of u &o to pu l ic, rath r th n pr n urpo nd • J • • . • • • I' -' - • • • • • , • • • • • 4. Application for assistance shall be first ,_,.,.._ ;... ---rf r • •, I "'i submitted to)\t.h.e Authority upon forms made available and prepared by the Authority, ans &J'pre1ed by the ll1nu;iP1g Rcli&b1lidtlon ~:1. hereiR called co-ittee. 5. Upon receipt of an applicat~n, the Authority ~ ~ ~~.i..., b<i.-~~-b shall i~tf\.the applicant's residence and if same is found to be substandard shall: "' -' (a) ~;;-a detailed list and explanation ..(.o bcz:.. tuhv of all actions and work required to eliminate or repair the conditions of the residence which make it substandard. ~ (b) ~·e an estimate of the cost of such repairs-b ~ ,,.~ (c) Obtain sufficient documentation that the applicant has good title to said residence. (d) Make an estimate of the value of the applicant's equity in said residence. (e) Prepare and verify a social and economic profile of the applicant which shall include: family compo ition, family income, place of employment, if any, of all members of the family, approximate date of purchase of the residence, and existing indebtedness secored by said re idence . (f) Prepare a preliminary analy is of applicant's ability to repay any funds made available to pplic nt under the program. 6. In the pr para ion of all report and naly s r u1r d b p r ra h reto or , he follow1n de in1 ion nd rd hall pply nd follo ed by the Au hority: • • .... • • • • • • I. INCOME (a) 0-$5,000 per person annual income (b) 0-$6,000 two person annual income (c) $600 per handicapped child II. ASSETS (a) No real estate or other income producing property shall exceed a maximum of Twenty-five Thousand ($25,000.00) Dollars in value on personally occupied residence. (b) All other assets not to exceed Four Thousand ($4,000.00) Dollars, excluding household furnishings and personal effects. III. OWNER-OCCUPANT (a) Must be owner-occupant of single family detached residence. (b) Must be Englewood resident, title owner and occupant of the property for a minimum of two (2) year s prior to the date of enactment of the Revolving Rehabilitation Loan Fund, Ordinance No. ___ , Series 19 75 . Priority will be given to residences with longer residency. years lX t y· IV. OTHER OCCUPANTS No employable person over the age of eighteen (1 ) sh 11 reside in the hou ehold. AGE Eligib i lity for home owners co ences on applicant' eco nd (6 2) bi rthday . I. ( ) hen t~o (~) o r •ore app lican t , th follo in Tl t T U qu a lly follo • . • • • • (1) Most critical endangerment to health and/or safety. 7. (2) Lowest income. (3) Length of residencey in Englewood. (4) Longevity -age of applicant. (5) Personal interview. ~y The Authority shall then ~t iAe applieati~n , toge-ther with a11 reporti; aAil fiAiliRgs rcqaireli lay parasrapn ,, _ ' no~, r 11 th;-ce ... ~1:5::!'0 ;!':U ~~~e~nd~ .... ~~ ,,,I S evaluate the application,-and either approve, reject or .A-V ;).A-'f ~ modify and approve such application. The decision of the ( ~ ' ~~e shall be final and binding upon the applicant and its decision shall not be subject to appeal by the applicant. ~e 8. The shall require any applicant to repay all of the funds made available under this pro - gram. The applicant, however, shall have the option of selecting one of the following methods of repayment of any loan granted: (a) Time payments made on a monthly, quarterly or annual basis. (b) Full repayment shall become due upon the ale and/or conveyance of property ~r upon removal of the applicant from the real property. (c) The entire amount of the rehabilitation loan hall fall due and payable as a claia a ainst he estate of the applicant, and hall beco e a lien on the r al prop rty of th said applicant upon hi J •. • • • • • • • 9. All funds repaid by applicants s h all be used only for similar i;:Fats of housing rehabilitation assistance to applicants approveq by the ~- lkk.-~~ I oc.-.. 10. The Commi~tee shall only approve a ~ of assistance under this program upon affirmative vote of lo4-three (3 ) of its members and shall not approve any ~ of assistance under the program until satisfactory evidence ~ of the following have been submitted to the G i E~e. (a) Applicant has good title to the residence A~ (,,c..-- and sufficient equity therein to justify g:Rl'R-t~ ai&is t&HCC . (b) Applicant has entered into a written con- tract on forms to be approved by the City Attorney ~ ~ &,.,.+-..... ~ /\with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. (c) That said residence after rehabilitation and repairs will not probably again become sub - standard. (d) The applicant has not previously received housing rehabilitation assistance under the pro- gram here by established. 11. All persons and entitites entering into con - wi th appl ic ant s for repa i r s and r habil i tiation of any s ub s tandard re sidenc e, hall be an equal opportunity emplo e r nd s h 1 1 c ompl y wi th al l appl ica l e F d ral , Ci y nd State codes, s t a t u t e nd ordin nee . 12. Th Authorithy shall n rall sup rvi all r p 1r nd r h bil1t tion co n t ruct1on nd hall auth r1: nt f o r hen subs t n ti lly p r or d in ord nc on tr nt r d n t o y p plican t nd pro e d b th • • • • • • • 13. This Agreement shall be binding upon the parties hereto and their successors. EXECUTED at Englewood, Colorado this of February, A.D., 1975. ___ day ATTEST: Director of Finance CITY OF ENGLEWOOD, COLORADO, a Municipal corporation By __ n---------------Mayor ex officio City Clerk-Treasurer APPROVED AS TO FORM: City Attorney ENGLEWOOD HOUSING AUTHORITY By--..--.....--,----------~ President ATTE T: Secretary -7- . , • • • 13. This Agreement shall be binding upon the parties hereto and their succe ss ors. EXECUTED at Englewood, Colorado this of February, A.D., 1975. ATTEST: Director of Finance CI TY OF ENGLEWOOD, COLORADO, a Municipal corporation ex officio City Clerk -T reasurer APPROVED AS TO FORM: City Attorney ENGLEWO OD HOUSING AUTHORITY ATT EST: Sec r e t ary day • • ~ • • • ~-• 0<i INTRODUCED AS A BILL BY COUNCILMAN ~~~~~~~~~~ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ENGLE- WOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD RELATING TO HOUSING REHABILITATION LOAN PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY COUNCIL TO EXECUTE THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. City Council of Englewood, Colorado finds, determines and declares: (a) That there is a shortage in the City of Englewood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families. (b) That the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate income families are public uses and purposes and are governmental and municipal functions. (c) That the rehabilitiation of substandard housing would confer a general benefit on the City of Englewood at large. (d) That it is essential and there exists a compelling need to make funds available to low and moderate income families for the rehabilitation of substandard housing. (e) That the funds made available for the purpose of implementing and executing the terms and provisions of the Agreement between the City of Englewood and the Englewood Housing Authority ultimately go to public, rather than private, purposes. (f) That the necessity in the public interest for the provisions enacted in this ordinance and contained -1 - I • . ' . • • I - .. • in the Agreement of February , 1975 between the City of Englewo od and the EnglewooCflTciusing Authority are hereby declared to be a matter of legislative determination. Section Z. The Agreement between the Englewood Housing Authority and the City of Englewood dated February 1975 relating to a housing rehabilitation loan progriilil a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. Section 3. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975 . MAYOR ATTEST: ex officio City Clerk -Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 1975. ex officio City Clerk-Treasurer -2- •. • • AGREEMENT THIS AGREEMENT entered into this day of February, A.D., 1975 by and between the City of Englewood, a municipal corporation, herein called City, and the Englewood Housing Authority, a body corporate and politic, organized and existing pursuant to Title 29, Article 4, Colorado Revised Statutes 1973, herein called Authority. WITNESSE1H: WHEREAS, there is a shortage in the City of Englewood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families; and WHEREAS, the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate and elderly families are public uses and purposes and are governmental and municipal functions; and WHEREAS, the rehabilitation of substandard housing would confer a general benefit on the City of Englewood at large; and WHEREAS, it is essential and there exists a com- pel ling need to make funds available to low income elderly c iti z ens and families for rehabilitation of substandard h ou i ng; and WHEREAS, the funds made available for the purpose of im pl e ment i ng nd ex ec uting the terms and provisions of hi Ag r mcnt ul t ima tel y go to public, rather than pr1v e purpo e ; a nd -1 • • • • • l . ' • • • • ,_ ' WHEREAS, Title 29, Article 1, C.R.S. 1973, permits, encourages and authorizes local governments and public entities to enter into contracts with one another to provide any function, service or facility lawfully authorized to each of the contracting units. NOW, THEREFORE, in consideration of the foregoing and the covenants herein contained the City and the Authority agree as follows: 1. The City shall by appropriate legislative enactment make available to the Authority the sum of Ninety Thousand ($90,000.00) Dollars for the purpose of implementing and executing the terms and provisions of this Agreement, and the City may, without obligation to do so, make additional appropriations to the Authority for said purpose. The Authority shall make application for a State Division of Housing grant as authorized by Law and may make application for other available monies for housing rehabilitation loan programs. 2. The Authority through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the housing rehabilitation loan program, herein called the program. 3. The owner of a single family residence located in the City of Englewood who occupies the sa•e as his sole and only place of residence shall, if said residence is subst ndard as defined under the Housing Code of the City o Englewood, be eligible to make application for housing rch bilit tion s is tance under the progr m. -2- • • 0 , • • 4. Application for assistance shall be first submitted to the Authority upon forms made available and prepared by the Authority and approved by the Housing Rehabilitation Committee, herein called Committee. S. Upon receipt of an application, the Authority shall inspect the applicant's residence and if same is found to be substandard shall: (a) Prepare a detailed list and explanation of all actions and work required to eliminate or repair the conditions of the residence which make it substandard. (b) Prepare an estimate of the cost of such repairs. (c) Obtain sufficient documentation that the applicant has good title to said residence. (d) Make an estimate of the value of the applicant's equity in said residence. (e) Prepare and verify a social and economic profile of the applicant which shall include: family composition, family income, place of employment,if any, of all members of the family, approximate date of purchase of the residence, and existing indebtedness secured by said residence. (f) Prepare a preliminary analysis of applicant's ability to repay any funds made available to applicant under the program. 6. In the preparation of all reports and analyses req ui r d by para raph 6 heretofore, the following definition and t ndards sh 11 apply and be followed by the Authority: -3 -• • , ............ ·- • • I. INCOME (a) 0-$5,000 per person annual income (b) 0-$6,000 two person annual income (c) $600 per handicapped child II. ASSETS (a) No real estate or other income producing property shall exceed a maximum of Twenty-five Thousand ($25,000.00) Dollars in value on personally occupied residence. (b) All other assets not to exceed Four Thousand ($4,000.00) Dollars, excluding household furnishings and personal effects. III. OWNER-OCCUPANT (a) Must be owner-occupant of single family detached residence. (b) Must be Englewood resident, title owner and occupant of the property for a minimum of two (2) years prior to the date of enactment of the Revolving Rehabilitation Loan Fund, Ordinance No. ---• Series 1975. Priority will be given to residences with longer residency. IV. OTHER OCCUPANTS No employable person over the age of eighteen (18) years shall reside in the household. V. AGE Eligibility for home owners commences on applicant's sixty-second (62) birthday. VI. PRIORITIES (a) When two (2) or more appli cants are equally eli ible, the following criteria will be waived as follow "' -' ' ' • . • • , • • (1) Most critical endangerment to health and/or safety. (2) Lowest income. (3) Length of residencey in Englewood. (4) Longevity -age of applicant. (5) Personal interview. 7. The Authority shall then submit the applicatio , together with all reports and !indings required by paragraph 5 and 6 hereof, to the Committee who shall examine and evaluate the application, and either approve, reject or modify and approve such application. The decision of the Committee shall be final and binding upon the applicant and its decision shall not be subject to appeal by the applicant. 8. The Committee shall require any applicant to repay all of the funds made available under this pro- gram. The applicant, however, shall have the option of selecti ng one of the following methods of repayment of any loan granted : (a) Time payments made on a monthly, quarter ly or annual basis. (b) Full repayment shall become due upon the sale and/or conveyance of property 9r upon removal of the applicant from the real property. (c) The entire amount of the rehabilitation loan shall fall due and payable as a claia against the estate of the applic nt, and shall become a lien on the real prop rty of the said applicant upon his d mi s e. -s- ~-' . ' • • , - ( • ,,._ ' 9. All funds repaid by applicants shall be used only for similar grants of housing rehabilitation assistance to applicants approved by the Committee. 10. The Committee shall only approve a grant of assistance under this program upon affirmative vote of three(3) of its members and shall not approve any grant of assistance under the program until satisfactory evidence of the following have been submitted to the Committee. (a) Applicant has good title to the residence and sufficient equity therein to justify grant of assistance. (b) Applicant has entered into a written con- tract on forms to be approved by the City Attorney with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. (c) That said residence after rehabilitation and repairs will not probably again become sub- standard. (d) The applicant has not previously received housing rehabilitation assistance under the pro - gram hereby established. 11. All persons and entitites entering into con- tracts with applicants for repairs and rehabilitiation of any substandard residence, shall be an equal opportunity employer nd shall comply with all applicable Federal, City and Stat code , st tute and ordin nee . 12. The Authorithy shall generally supervise all rep ir and reh bilit tion con truction and shall authorize p ym nt for ame when ubstantially performed in accordance with th con tru tion contract entered into by applicant and pproved by th Com itt ·6 - • • - I • • • • 13. This Agreement shall be binding upon the parties hereto and their successors. EXECUTED at Englewood, Colorado this of February, A.D., 1975. ___ day ATTEST: Director of Finance CITY OF ENGLEWOOD, COLORADO, a Municipal corporation By~-~-------------~ Mayor ex officio City Clerk-Treasurer APPROVED AS TO FORM: C1 ty Attorney ENGLEWOOD HOUSING AUTHORITY ATTEST: Secretary "' -' • • • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ENGLE- WOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD RELATING TO HOUSING REHABILITATION LOAN PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY COUNCIL TO EXECUTE THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. City Council of Englewood, Colorado finds, determines and declares: (a) That there is a shortage in the City of Englewood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families. (b) That the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate income families are public uses and purposes and are governmental and municipal functions. (c) That the rehabilitiation of substandard housing would confer a general benefit on the City of Englewood at large . (d) That it is essential and there exists a compelling need to make funds available to low and moderate income families for the rehabilitation of substandard housing. (e) That the funds made available for the purpo se of implementing and executing the terms and provisions of the Agreement between the City of Englewood and the Englewood Housing Authority ultimately go to public, rather than private, purposes. (f) That the necessity in the public interest for the provisions enacted in this ordinance and contained -1 - • . • • , -• • • • • • • in the Agreement of February , 1975 between the City of Englewood and the Englewoocr1i0usi n g Authority are hereby declared to be a matter of legislative determination. Section 2. The Agreement between the Englewood Housing Authority and the City of Englewood dated February 1975 relating to a housing rehabilitation loan prograiil a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. Section 3. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975. MAYOR ATTEST: ex officio City Clerk -Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 1975. ex officio City Clerk-Treasurer -2 - •. • • • - • • • • AGREEMENT THIS AGREEMENT entered into this day of February, A.D., 1975 by and between the City of Englewood, a municipal corporation, herein called City, and the Englewood Housing Authority, a body corporate and politic, organized and existing pursuant to Title 29, Article 4, Colorado Revised Statutes 1973, herein called Authority. WITNESSETH: WHEREAS, there is a shortage in the City of Englewo od of safe, de cent and sanitary housing which is within the financial capabilities of low and moderate income families; and WHEREAS, the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate and elderly families are public uses and purposes and are governmental and municipal functions; and WHEREAS, the rehabilitation of substandard housing would confer a general benefit on the City of Englewood at large; and WHEREAS, it is essential and there exists a com- pelling need to make funds available to low income elderly citizens and families for rehabilitation of substandard housing; and WHEREAS, the funds made available for the purpose of impleme nt ing and executing the terms and provision of this Agreement ul im t ly go to public, rath r than priv te purpo e ; nd . l . •. • • I • ((• • • • • WHEREAS, Title 29, Article 1, C.R.S. 1973, permits, encourages and authorizes local governments and public entities to enter into contracts with one another to provide any function, service or facility lawfully authorized to each of the contracting units. NOW, THEREFORE, in consideration of the foregoing and the covenants herein contained the City and the Authority agree as follows: 1. The City shall by appropriate legislative enactment make available to the Authority the sum of Ninety Thousand ($90 ,000.00) Dollars for the purpose of implementing and executing the terms and provisions of this Agreement, and the City may, without obligation to do so, make additional appropriations to the Authority for said purpose. The Authority shall make application for a State Division of Housing grant as authorized by Law and may make application for other available monies for housing rehabilitation loan programs. 2. The Authority through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the housing rehabilitation loan program, herein called the program. 3. The owner of a single family residence located in the City of Englewood who occupies the same as his sole and only place of residence shall, if said residence is substandard as defined under the Housing Code of the City of Englewoo d, b eligible to make application for housing r habilit tion S5ist n ee under the progr m . -z- • . • • • ( . • • 4. Application for assistance shall be first submitted to the Authority upon forms made available and prepared by the Authority and approved by the Housing Rehabilitation Committee, herein called Committee. 5. Upon receipt of an application, the Authority shall inspect the applicant's residence and if same is found to be substandard shall: (a) Prepare a detailed list and explanation of all actions and work required to eliminate or repair the conditions of the residence which make it substandard. (b) Prepare an estimate of the cost of such repairs. (c) Obtain sufficient documentation that the applicant has good title to said residence. (d) Make an estimate of the value of the applicant's equity in said residence. (e) Prepare and verify a social and economic profile of the applicant which shall include: family composition, family income, place of employment, if any, of all members of the family, approximate date of purchase of the residence, and existing indebtedness secnred by said residence. (f) Prepare a preliminary analysis of applicant's ability to repay any funds made available to ppl ica nt und r the program. 6. In the prepar t ion of all reports and analyses r qu1r d by p r gr ph 6 heretofore, the followina def i n ition nJ ·t nd rd shall pply nd be followed by the Authority : -3- • . • • , ....... ....... • • I. INCOME (a) 0 -$5,000 per person annual income (b) 0-$6,000 two person annual income (c) $600 per handicapped child II. ASSETS (a) No real estate or other income producing property shall exceed a maximum of Twenty-five Thousand ($25,000.00) Dollars in value on personally occupied residence. (b) All other assets not to exceed Four Thousand ($4 ,000.00) Dollars, excluding household furnishings and personal effects. III. OWNER-OCCUPANT (a) Must be owner-occupant of sin le family detached re idenc . (b) Mu be En lewood r ident , title owner and occupant o th proper t for a minimum of two (2) years pri or t o th dat of na tment of the R volvin Rehabilitation Lon fund, Ordina nce No. , Serie 1975. Priori y w111 be iven to residences with long r residency. I . OTHER OCCU PANTS o employable person over the age of eighteen (1 ) ye rs s hall reside in the hou sehold. V. AGE Eligibility for home owners COllllftences on appli ca nt's sixty -second (62) birthday. VI. PRIORITIES eli ibl , the following crite r ia will be waiv d follow (a) When two (2) or more applicants are qually -4 - ~-' • • -.. -·· • (1) Most critical endangerment to health and/or safety. (2) Lowest income. (3) Length of residencey in Englewood. (4) Longevity -age of applicant. (5) Personal interview. 7. The Authority shall then submit the applicatio , together with all reports and findings required by paragraph 5 and 6 hereof, to the Committee who shall examine and evaluate the application, and either approve, reject or modify and approve such application. The decision of the Committee shall be final and binding upon the applicant and its decision shall not be subject to appeal by the applicant. 8. The Committee shall require any applicant to repay all of the funds made available under this pro- gram. The applicant, however, shall have the opt i on of selecting one of the following methods of repayment of any loan granted: (a) Time payments made on a monthly, quarterly or annual basis. (b) Full repayment shall become due upon the sale and/or conveyance of property ~r upon removal of the applicant from the real property. (c) The entire amount of the rehabilitation loan shall fall due and payable as a claim aaainst the est te of the appl c nt, and shall becom l en on the r l prop rty of th aid applicant upon his J mi e. • • (' ( • • 9. All funds repaid by applicants shall be used only for similar grants of housing rehabilitation assistance to applicants approved by the Committee. 10. The Committee shall only approve a grant of assistance under this program upon affirmative vote of three(3) of its members and shall not approve any grant of assistance under the program until satisfactory evidence of the following have been submitted to the Committee. (a) Applicant has good title to the residence and sufficient equity therein to justify grant of assistance. (b) Applicant has entered into a written con- tract on forms to be approved by the City Attorney with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. (c) That said residence after rehabilitation and repairs will not probably again become sub- standard. (d) The applicant has not previously received housing rehabilitation assistance under the pro - gram hereby established. 11. All persons and entitites entering into con- tr cts with applicants for repairs and rehabilitiation of ny ubstandard residen e, hall be an equal opportunity employer and shall comply with all applicable Fe deral, City and S ate codes, tatutes and ordinance . 1 . The Authorithy hall generally sup rvi e all rep ir nd reh bilit tion construction and shall authoriz p ym nt for me when ub t nti lly perform d in accordance with the constru tion con ract entered into by pplicant nd pproved by the Committ -6 - "' -' • • f - \' ( • • 13. This Agreement shall be binding upon the parties hereto and their successors. EXECUTED at Englewood, Colorado this of February, A.O., 1975. ___ day ATTEST: Director of Finance CITY OF ENGLEWOOD, COLORADO, a Municipal corporation By __ TT"-------------~ Mayor ex officio City Clerk-Treasurer APPROVED AS TO FORM : City Att orney ENGLEWOOD HOUSING AUTHORITY By--...--...,..~--------~ President ATT EST: Secretary -7- •. • • • • I -~-· • c • • • AGREEMENT THIS AGREEMENT entered into this day of February, A.O., 1975 by and between the City of Englewood, a municipal corporation, herein called City, and the Englewood Housing Authority, a body corporate and politic, organized and existing pursuant to Title 29, Article 4, Colorado Revised Statutes 1973, herein called Authority. WITNESSElH : WHEREAS, there is a shortage in the City of Englewood of safe, decent and sanitary housing which is within the financial capabilities of low and moderate income families; and WHEREAS, the elimination of substandard housing and the providing of decent, safe and sanitary housing for low and moderate and elderly families are public uses and purposes and are governmental and municipal functions; and WHEREAS, the rehabilitation of substandard housing would co nfer a general benefit on the City of Englewood at large; and WHEREAS, it is essential and there exists a com- pelling need to make funds available to low income elderly citizens and families for rehabilitation of substandard hou ing; and WHEREAS, the fund m de available for the purpo se of implementing nd e ecuting the terms and provi ion of this Agr em nt ul im tely o to public, rath r than pr1v e purpo nd . l . . , •. • • ....... • ;-' WHEREAS, Title 29, Article 1, C.R.S. 1973, permits, encourages and authorizes local governments and public entities to enter into contracts with one another to provide any function, service or facility lawfully a uthorized to each of the contracting units . NOW, THEREFORE, in consideration of the foregoing and the covenants herein contained the City and the Authority agree as follo ws : 1. The City shall by appropriate legislative enactment make available to the Authority the sum of Ni nety Thousand ($90,000.00) Dollars for the purpo se of i mp lement i ng and executing the terms and provisions of this Agreement, and the City may, without obligation to do so, make additional appropriations to the Authority for said purpose. The Authority shall make application for a State Division of Housing grant as authorized by Law and may make appli cation for other available monies for housing rehabilitation loan programs. 2. The Authority through its personnel, or the per onnel of the City, with the approval of the City Manager, shall be responsible fo r the execution of the housing rehabilitation loan program, herein called the progr m. 3. The ow n e r of a si ngle f amily re sidence located in the City of Englewood who occupies the same a s h is sole nd only plac of residence shall, if said residence is s u bs t ndard a s defined under the Housing Code of the City o En g l e wood, b eli gible to m ke application for housing r h il1 ion n c und r th progr a . -2- • • ........ • t • • • • 4. Application for assistance shall be first submitted to the Authority upon forms made available and prepared by the Authority and approved by the Housing Rehabilitation Committee, herein called Committee. 5. Upon receipt of an application, the Authority shall inspect the applicant's residence and if same is found to be substandard shall: (a) Prepare a detailed list and explanation of all actions and work required to elim i nate or repair the conditions of the residence which make it substandard. (b) Prepare an estimate of the cost of such repairs. (c) Obtain sufficient documentation that the applicant has good title to said residence. (d) Make an estimate of the value of the applicant's equity in said residence. (e) Prepare and verify a social and economic profile of the applicant which shall include: family compo ition, family income, place of employment, if any, of all members of the family, approximate date of purchase of the residence, and existing indebtedness secored by said residence. (f) Prepare a preliminary analysis of applicant's bility to repay any funds made available to applicant under the program. 6. In th preparation of 11 reports and analys s r ui r d by p r gr ph 6 h r tofore, the followin definition nd t nd rds s hall pply and follow d by th Authority: -3-• • , - i • • ( • • I. INCOME (a) 0-$5,000 per person annual income (b) 0-$6,000 two person annual income (c) $600 per handicapped child II. ASSETS (a) No real estate or other income producing property shall exceed a maximum of Twenty-five Thousand ($25,000.00) Dollars in value on personally occupied residence. (b) All other assets not to exceed Four Thousand ($4,000.00) Dollars, excluding household furnishings and personal effects. III. OWNER-OCCUPANT (a) Must be owner-occupant of single family detached residence. (b) Must be Englewood resident, title owner and occupant of the property for a minimum of two (2) years prior to the date of enactment of the Revolving Rehab ilitation Loan Fund, Ordinance No. ___ , Series 1975. Priority will be given to residences with longer residency. IV. OTHER OCCUPANTS No employable person over the age of eighteen (18) years shall reside in the household. V. AGE Eligibility for home owners commences on applicant's sixty-second (62) birthday. VI. PRIOR IT I ES (a) When two (2) or more applicant ar equally eligible, the followin criteri will be waiv d a follows: ,. -' •. • • • ( • • (1) Most critical endangerment to health and/or safety. (2) Lowest income. (3) Length of residencey in Englewood. (4) Longevity -age of applicant. (5) Personal interview. 7. The Authority shall then submit the application , together with all reports and findings required by paragraph 5 and 6 hereof, to the Committee who shall examine and evaluate the application, and either approve, reject or modify and approve such application. The decision of the Committee shall be final and binding upon the applicant and its decision shall not be subject to appeal by the applicant. 8. The Committee shall require any applicant to repay all of the funds made available under this pro - gram. The applicant, however, shall have the option of selecting one of the following methods of repayment of any loan granted: (a) Time payments made on a monthly, quarterly or annual basis. (b) Full repayment shall become due upon the sale and/or conveyance of property 9r upon removal of the applicant from the real property. (c) The entire amount of the rehabilitation loan shall fall due and payable as a claia against the estate of the applicant, and shall become a lien on the re 1 prop~rty of the aid applicant upon his dem is ·S· • • • ( • • • 9. All funds repaid by applicants shall be used only for similar grants of housing rehabilitation assistance to applicants approved by the Committee. 10. The Committee shall only approve a grant of assistance under th is program upon affirmative vote of three (3) of its members and shall not approve any grant of assistance under the program until satisfactory evidence of the following have been submitted to the Committee. (a) Applicant has good title to the residence and sufficient equity therein to justify grant of assistance. (b) Applicant has entered into a written con - tract on forms to be approved by the City Attorney with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. (c) That said residence after rehabilitation and repairs will not probably again become sub- s tandard. (d) The appli c ant has not previously received housing rehabilitation assistance under the pro - gram hereby established. 11. All per so n s and entitites entering into con - tra c t s with applicants for repa i r s and rehabilitiat ion of any ub tandard re s idence, shall be an equal opportunity employer nd sh 11 compl y with all applicable Fe der al , City and State code , tatute 12. Th Authorithy and ordinances. hall enerally up rvise 11 r pair nd reh b1litation con truction and hall author1ie p nt for a when ubstanti lly perfor d in accordanc with th con tru tion ontract ntered into by applican and pprov d y th Co tte . ·6· • • - • / • • • 13. This Agreement shall be binding upon the parties hereto and their success ors. EXECUTED at Englewood, Colorado this of February, A.D., 1975. ___ day CITY OF ENGLEWOOD, COLORADO, a Municipal corporation ATTEST : Director of Finance ex officio City Clerk-Treasurer APPROVED AS TO FORM: City Attorney ENGLEWOOD HOUSING AUTHORITY ATT ST: s~cretary -7- ,,, -' • • • • 0 I• • INTRODUCED AS A BILL BY COUNCIL MAN A BILL FOR A ORDJNANC AP PROVI 1 G THE WHOLE COST OF THE IMPROV EMENT S MAD E IN AND FO R SIDEWA LK I lPROVEMENT DISTRICT NO. 74 IN THE CITY OF E GLEWOOD, CO LORAD O; APPROVING AND CONFIRMING Tl-IE APP OR TION MENT OF SAID COST TO EACH LOT OR TRACT OF LAND I SAID DISTRICT ; AS3ESSING A SHARE OF SAID COST AGAI ST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRI BING THE MANNE R OF COL LECTION AND PAY MENT OF SAID ASSE SMENTS. WH EREAS , the City Coun c i l of the City of Englewood, Colo rado, pursu ant to Ar t ic le X, Section 107 of the Charter and Chapter 1, Title XII, of the 1969 Englewood Muni cipal Code of said Ci t y , and the Laws of the State of Colo rad o, enacted Ordina n ce o. 23 , Series of 1974, c reating Si de- wa l · Improvement District, o. 74, and providing for the con truct1on therein of sidewalk improvements; and WHFRLA , th City Manager and Director of Finance dvertised for hids o co nstruct s u ch improvements in thre (3) c o n e utivc w e kl y i ~ues of the Englewood Hr ld Sentinel; and ~H ·REAS , on August 5 , 19 4 , the City Council of t e C i y of Engle wood, Co lo1ddo, ac cep t d the bid of TrUJlllo C n Con r c or in the amount of 42, 15 he l _ t nd be i 1 and au hori zed the Mayo and i } Cler e contr c t document ; and -1 - t howjng th ot 1 co of dul ' filed with the Ci y Council; filed with co t of said mount nd oth r llOWl"d by , • • , • • • • 0 • WHEREAS, from said s t ateme nt it also appears that the City Council has ap por i oned a share of the said whole cost to each lo o r tract of land in said District, in accordance with he benefits to be derived by said prope r ty and in the proportions and amount s severally set forth in Resolution No. 1, Series of 19 5, adopted by the City Co u ncil on the 6th day of January, 1975, which Resolution is by reference made a part hereof; and WHEREAS, Notice of a Public Hearing concerning the levying of assessments on the real property in the District and upon this ordinance has been published once a week for three (3) weeks in the Englewood Hearld Sentinel, a newspaper of general circulation in the City, and, in addition, a copy of the Notice has been mailed, postage prepaid, to each known owner of real property within the District, which otice is by ref - erence made a part hereof; and WHEREAS, at the time and place specified in aid otice , the City Council met in open session for the purpose of hearing any objections or protests that might be made against aid assessm n ; and WHEREAS, all objections and complaints having been duly heard and consid 1 d, the Council has deter - mine d that such objections should b denied except as this Ordinanc has accepted hem and in orporated herein chan es in said a sessments b sed upon said objections; nd Bi 11 for an Ordinance or rn nner o introdu c d U Cll. Th t th whol co t and pportionm nt t forth in aid R olution and ot1 . .. - • • , - • • • 0 I • • and as amended herein, i s hereby approved and confirmed, and said apportionment is hereby d eclared to be in accord - ance with the benefits whi ch the property in said Dis - trict will receive by reason of the construction of said improvements; and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts set forth in said Resolution and otice, as amended herein: Correc ted Assessment $141.4 8 $277.64 $ 92.77 the C1 Name and Addre ss 1971 34 1 09 020 Gerdes, Larry S. & Vickie E., Jt Ten 2751 S. Lincoln Englewood, Colo. 80110 Lot & Block N 18' 35; all 36 1971 34 1 11 018 40, Lee, Elma H. 41 2935 S. Lincoln Englewood, Colo. 0110 20 7 04 4 09 002 Barnes, Emory S. & Alice E. 410 . Jason nglewood, Colo. 80110 2 Subdivision 1 Killies Sub Res 2/ 3 1 Strayers Bdwy Hts 1 Oxford Hts the whole cost of $48,783.02, pay $13,551.21, leaving a assessed gainst the real in ccordance with Resolution ,,. -' • • - • • I • • ments shall be due and payable successively on or before t he 1st day of J anuary in each ye ar thereafter until said principal and interest are paid in full. Failure to pay any i nstallment, whether of principal or interest, when due s ha ll ca u se the whole of the unpaid principal to become due and pa yab le i mmediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw in te rest at the rate of one per centum (1%) per month, or fr c t ion of a month, until the date of tax sa le, as by law provided, but at any time prior to the dat of the sale, any owner may pay the amount of all unp ai d insta llments with interest at one per cent um (1%) per mont h, or fraction of a month, upon all deli nquent i nstall men t s , and all penalties accrued, and shall there upo n be restored to the right thereafter to pay in installment s in the same manner as if default had not been suffered. The owner of any prope rt y not in default a s to any installment or payment may, at an y time, pay the whole of the unpaid principal with accrued i nterest lJ the d ate of the next assessment installment payment date. Payments may be made to the Director of Finance at any time within thirty (30) days after the final publ ication of this Ordinance. Immediately after th e expiration of such thir t y (30) day period, said assessments shall be certified to the County Treasurer of Arapaho e County , Colorado, for collec t ion , as provid ed by law. S ction 4. That if any one or more section s or p rt of this Ordinance shall be adjudged unenforceable or invalid , such judgment shall not affect, impair or invalidate the remaining provision s of thi Ord i nance, it being the intent ion that the variou s provisions hereof are everable. Section S. This Ordin nee, af t er its final passage, sh 11 be recorded in the City Ordinance Book kept for th t purpose, shall be authent icated by the signatures of th~ t yor nd City Clerk, and shall be publi hed in the En 1 - wood Herald Sentinel, n w p per of general circul ion, p11bl 1 hed in s id Ci y, wi hin even (7) days fter it fin 1 p a e, nd sh 11 b nd remain Irr peal ble until t h e ment hereby m d h 11 b p id in full. -4 -• • • • • • Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975. MAYOR ATTEST: ex officio City Clerk-Treasurer~ I, Karl Nollenberger, do hereby certify that the hove and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 1975. ex officio City Clerk-Treasurer ·S- ~-I • . - • • TO. • 0 I• • INTD.oFFICI MEMOIANDUM Andy Mccown, City Manager DAU: February 12, 1975 ROM: Kells Waggoner ~ICTt SIDEWALK DISTRICT 74 • At the Public Hearing of February 3, 1975 on assessments for Sidewalk District 74, there were several letters of protest and several personal appearances for protests to the assessments. The following are comments relative to those protests: 1. Letter from Mary W. Frantz, 3023 S.,Lincoln St ., Engl e wood, Colorado request i ng that we re-check her assessment - The work that was done at Mrs. Frantz' property included removal and replacement of sidewalk, some of which was part of a driveway. We have checked the assessment and f i nd it to be correct. 2. Letter from Navalyn F. Eckman, 3701 S. Huron St., Englewood , Colorado compla i ning about roadgraders damaging newly-installed curb & gutter - The complaint is j ustified. Upon inspection, I found that we had, indeed, damaged the concrete to the extent that it should be replaced; therefore, we will schedule it for removal and replacement during the summer of 1975. I have instructed our employe s to stay off of the concrete during snow removal operations. The assessment is corr ct . 3. Lett r from John o. Neputi, Jr., 4475 S. Lincoln St., Englewood, Colorado, complaining a.bout walk which had been installed in 1951 but was det riorating alr ady in 1957; also complaining about th gr d a which the n w walk waa install d - ,. -' • • ' - • • • 0 • Andy Mccown, City Manager February 12, 1975 Page 2 Seventy-five (75) feet of curbwalk was removed and replaced along this property. I cannot comment on what went in, in 1951, as to quality of concrete. We did install the new concrete at approximately the same grade as the old because of two existing service walks and a driveway. If we had raised the grade, we would have caused water to pond on the service walk and driveway at 4463 S. Lincoln. Attached is a drawing which shows the grade at this particular location . We have noted the transverse crack in the concrete at 4475 S. Lincoln St. and at a couple of other locatiorsin the District. We do install "dummy joints" to try to con- trol these cracks, but they still seem to appear on occa- sion. We feel that they are temperature cracks and do not represent a structural failure; however, we will watch them during the warranty period for any displacement. The assessment is correct. 4. Letter from Gary Dounay, 1186 W. Princeton Pl., Englewood, Colorado complaining about not being notified of the installation -See letter from Karl Nollenberger with reference to this property. The assessment is correct. 5. Letter from Elma M. Lee, 2935 S. Lincoln St., Englewood, Colorado complaining that the assessment is higher than the estimatewe had given her and that the new driveway does not drain properly. Upon checking the assessment and measuring the concrete in the field, we found that the property was charged for too much concrete and the assessment should b reduc d from $391.52 to a new total of $277.64 • w al o found that th concr te do w t r; th r fore, w will hav th flowlin to improv th drainag • th n removal and r placem nt will Ass ssm nt n eds to b r due d. a hold a small amount of contractor grind th If this do s not work, b accomplish d. • • • Andy Mccown, City Manager February 12, 1975 Page 3 • 0 • 6. Letter from Paulo. Whitaker, 4500 S. Galapago St., Englewood, Colorado complaining about a low spot in the street and the need for a storm water inlet at the southwest corner of Fox and Stanford - Upon inspection of the location, we find that the gutter does drain with sufficient grade; but that there is a need for an inlet at Fox Street since that corner catches drain- age from approximately 3 1/2 blocks, and this would cause considerable ice build-up along Stanford. A drain would solve this problem and would be easy to install; therefore, we will proceed unless directed otherwise. The assessment is correct. ) 7. Ronnie G. Kaeminck appeared before Council com- plain i ng that he had repaired the concrete and there was no need f or removal. Upon checking with our field inspector, we found that Mr. Kaeminck had made an attempt to fill in the displacement wh i ch ran longitudinally with the curb but that, in the ins pector's opinion, it was not satisfactory and still n eeded to be replaced; therefore, it was ordered out. Mr. Kaem i nck, as I understand it, had not taken out a permit, nor had he checked to see if the repair was adeq uate. Th e c o ntra ctor did fin i sh one of the stones low ; therefo re , w wi ll remove and repla c e the c oncrete. The assessme n t i s c o rrect. 8. oounay app &red b for Council (See abov comm nts on letter. l 9. L lett r.) app ared b fore Council (See abov comm nts on 10. on l Whit ker app r.) r d b for Council (S abov COlll\\ nts •. • • • Andy Mccown, City Manager February 12, 1975 Page 4 • 0 • There are several properties where telephone calls or personal appearance in the Engineering Office resulted in a check of the assessments. They are: 1. Vickie E. Gerdes, 2751 S. Lincoln St., Englewood, Colorado complaining that she was assessed for more than she should have been - A f ield survey of the property shows that she was charged f or approximately three lineal feet too much because of a property line location. The Gerdes garage actually sets approximately three feet into the neighbor's yard. The assessment should be reduced from $180.29 to a new total of $141.48. 2. Norma L. Holmberg, 4589 s. Acoma St., Englewood, Colorado complained about bicycle tracks in the concrete. We had, upon request of the contractor, alloWed him to try to repair the tracks with the understanding that if they were not satisfactory, then the concrete would be replaced. We wi ll cause the concrete in question to be replaced. The assessment is correct. 3. Emory S. Barnes, 4108 S. Jason St., Englewood, Colorado complaining that he was assessed for too much concrete - Upon making a field check, we find that the property was assessed for five (5) lineal feet too much, and the assess- ment should be reduced from $147.09 to a new total of $92.77. 4. George E. Yancey, 1076 W. Princeton Pl., Englewood, Colorado called about one section of curbwalk. Upon ch eking, we found that the aton had actually risen, prob bly du to fre zing of moisture under it. We will hav th aton replaced thia summer. Th ss asm nt is corr ct. ~-' • • , - - • • Andy Mccown, City Manager February 12, 1975 Page 5 • 0 • The following assessment corrections should be made: Correct Assessment $141. 48 277 . 64 92.77 Name and Address -1971 34 1 09 020 Gerdes, Larry s. & Vickie E., Jt Ten 2751 s. Lincoln Englewood, Colo. 80110 -1971 34 1 11 018 Lee, Elma H. 2935 s. Lincoln Englewood, Colo. 80110 -2077 04 4 09 002 Barnes, Emory S. & Alice E. 4108 S. Jason Englewood, Colo. 80110 Lot & Block N 18' 35; all 36 40, 41 2 l l l Subdivision Killies Sub. Res. 2/3 Strayers Bdwy. Hts. Oxford Hts. The above changes will cause the City's share to increase and the property owners' share to decrease to the following: City share Property owner share TOTAL DI S TRICT Si nce rely, /~~q~r~o---~~~~ Director of Public Works KW/ls Attach. • $13,551.21 35, 231. 81 $48,78 3 .02 • • , - , .. I ' '-- • .... . ~ _ ... ~•U Og • 0 • . ------- I I· l i· ... 0• I ., ..-·-• • . ., "'• .... --1~ ,. -' I -· e ~- d ... ~ -~ ·-1-------- I ...: .... L ~- • • - • • • • 0 , . • INTRODUCED AS A BILL BY COU CILMAN A BILL FOR AN ORD! ANC APP ROVI 1 G THE WHOLE COST OF THE IMPROV EMENT S MADE IN AND FO R SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIO MENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SA ID DISTRICT; ASSESS! G A SHA RE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTI ON AND PAYMENT OF SAID ASSE SMENTS. WHEREAS, the City Council of the Ci t y of Englewood, Colorado, pursuant to Article X, Section 107 of the Charter and Chapter 1, Title XII, of the 1969 Englewood Mun icipal Code of said City, and the Laws of the State of Colorado, enacted Ordinance No. 23, Ser i es of 1974, creating Side- wa lk Improvement District No. 74, and providing for the construction therein of sidewalk improvements; and WH EREAS , the City Manager and Director of Finance advertised for bids to construct such improvements in three (3) con.ec utive weekly issues of the Englewood Herald Sen i nel; and WHEREAS, on August S, 19 74, the City Cou n cil of th Ci y of Englewood, Colorado, ccepted the bid of Trujillo Cement Co ntra c tor in th amount of $4 2 , 15 a the low n d b st bid and u ho rized the M yor nd City Cl r o e ecute on r c t documents ; and 'H·RE,., the on truction of uch improvements h been com pleted anu the tot 1 cos s of uch improv - m nt h ve b n rel i Iy a L i ned ; and WHf:RLAS, th improv ment d ~en ho 1ng th tot 1 co t of b en duly filed w1 h the Ci ty Coun il; • 1 - de nd h whol $4 , 3.0Z, collec ion i nt re t 11 "~ ' • • - • • 0 • WHEREAS, from said s t ateme nt i t also appears that the City Council has appo r tio ned a share of the said whole cost to each lot or tract o f land in said District , in accordance with the benefits to be der i ved by s aid prop er ty and in the proportions and amount s seve rally set forth in Resolution No. 1, Series of 19 75 , ado p ted by the Ci ty Co unc il on the 6th day of January, 197 5 , which Resolution is by reference made a part her eof ; and WHEREAS, Notice of a Pu blic Hearing concerning the levying of assessments on t he real property in the District and upon this ordinan ce has been published once a week for three (3) week s in th e Englewood Hearld Sentinel, a newspaper of genera l circu lation in the Ci ty, and, in ad di tion , a copy of the otice has been mailed, postage prepaid, to each known owner of real property within the District, which Notice is by ref- erence made a part hereof; and WHEREAS, at the time and place specified in sai d Notice, the Ci ty Co uncil met in open session for the purpose of hearing any objection or protests that might be made against said ass essme nt s; and WHEREAS, all objections and complaints having been dul y heard and con id r d, the Council has deter - mined th t such objections should be denied except as thi s Ord i nan ce has accepted hem and incorporated herein chan e in said assessment s based upon a id objections; nd . ow. or r 11 c rrY 0 h IT ORD I ED B TH CITY OU · IL COL RADO, a follow : Th t th whol co t and pportion nt t or th in id R olution and o ic -.. d • • - • • • 0 • and as amended herein, is hereby approved and confirmed, and said apportionment is hereby d eclared to be in accord - ance with the benefits whi ch the property in said Dis- trict will rece ive by reason of the construction of said improvements; and a share of s aid cost is hereby a ssessed to and upon each lot or tract of land within the District i n the proportions an d amounts se t forth in said Resolut ion and 'o ti ce, as amende d her ein: Corrected Assessment $141. 4 8 $2 . 64 s 92.77 ame and Addres s 1971 34 1 09 020 Gerdes, Larry S. & Vickie E., Jt Ten 2751 S. Li nc oln Englewood, Colo . 80110 Lot & Block 1 ' 35 · all 36 1 1971 34 1 11 018 40, Lee, Elma H. 41 2935 S. Lincoln Englewood, Colo. 80110 2077 04 4 09 002 2 Barnes, Emory 5 . & Alice E. 4108 S. Jason Englewood, Colo. 0110 Subdivision 1 Kill ies Sub Res 2/3 1 Strayers Bdw y Hts 1 Oxford Hts the Ci b lan prop r No. 1, ection 2 . That of y of Englewood will of $35,231.81 t o b y in id D1 ric , 'e ries of 19"'5 . whole cot of $48,7 3.02 , $13,551.21, leaving a e d a inst the re 1 ccorda nce with R solution -3· shall be Fin nc , aft r th due 'nd ithout final of fai 1 • • , ....... • • • • • 0 • ments shall be due and payable successively on or before the 1st day of January in each year thereafter until said principal and interest are paid in full. Failure to pay any installment, wheth e r of principal or interest, when due shall cause the whole of the unpaid principal to become due and pay ab le immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw i nterest at the rate of one per centum (1%) per month, or fracti on of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the amount of all unpaid installments with interest at one per centum (1%) per month , or fraction of a month, upon all delinquent installments, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered . The owner of any property not in defaul t a s to any ins tallment or payment may, at any time, pay lhe whole of the unpaid princi pal with accrued interest lv the d ate of the next assessment ins tallment payment dat e . Payments may be mad e to the Director of Finance at any time within thirty (30) days after the final publication of this Ordinance. Immediatel y after the expiration of such thirty (30) day period, sai d assessment s shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Sectjon 4. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invali date t he remaining pr o v isi ons of this Ordinance, i t being the intention tha the various provision s hereo f are se verable. Sec t ion s. Th is Ordi nan ce , after its final passag e , sh all be recorded in the City Or d inance Book kept for that purpose , shall be authen icated by the signatures of the tayor and City Clerk, and shall be published in the Engle- wood Herald Sentinel, a newspaper of ge nera l circulation, publi hed in s id City, within even (7) days ft r its tin l and h 11 be nd re n irrepe labl until th her by m de hall b paid in full . -4- •, • • ....... • j • • • • 0 • Introduced, read in full and passed on first reading on the 18th day of February, 1975. Published as a Bill for an Ordinance on the 20th day of February, 1975. MAYOR ATTEST: ex off1c10 City Clerk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 1975. ex off1c10 City Clerk -Treasurer -s - • . • • f - • • 0 • TO: Andy McCown, City Manag r FR:>M: Karl Nollenberger, Assistant City Manager DATE: February 6, 1975 SUBJECT: Sidewalk District -Gary Dounay Protest I received a letter which has been transmitted to the City Council as a prdest on the Sidewalk District assessm nt from Mr. Gary Dounay who resides at 1186 West Princeton Plac • Mr. Dounlly references conversation with m on August 14, 1974 and some quotes from that conversation. I have no particular recollection of tha.t phone conversation at thi time. That is not to imply by any means that no conversation took place but only that I have no remembrance of it. Assuming that it did, my answer to any question that he posed would have been contingent upon the format of the question as well as the background information given at that time as far as timing of th sid walk district and his purchase of a house. To digress a bit, City Council pas~ed on final reading an ordinanc establishing sidewalk district on Ju ly 15, 1~7 4. I am enclosing a copy of a letter I wrote to Mr. Paul Wolf, Arapahoe County Treasurer, con- cerning the establishment of that district. This letter written on July 18, notifying the County of the impending assessments as of then dollar amounts undetermined against properties enclosed in the ordinance. In talking with Mrs. Aiken of the Arapaho County Treasurer's Office, she states that the properties enclosed on the ordinance were f lagged on the County's books so that as soon as tax certificates are requested, presWllllbly by real estate people prior to closing th property, a potential lien can be flagged on the tax notice t o put the parties on notic • They hopefully then would call the City of Engl od City Engineers Office to determine what the asses nt potential was. Special assessm nt tAxes can only be assessed a inst a particular piece of property, not a ainst individuall. I would hope that I had made Mr. oounay aware of hat in any conv r tion last BUlllNr. Any retribution to Mr. Dounay by the previoua owner should have taken pl&c at the closing on the property sale. Ho-v r, due to th date implications it ii quite possible that tax certificate wa s ordered on the property Mr. o ounay pur- chased previous to July 18, 1974 sine his closin9 was on JUly 27. This particular 1111 f a ctor has existed in previous a tua iona and indeed pre- • a un o rtunate ait t1on. Und r th th ory of special aa ss111ent nei nJ, Mt. y would hav be n r 1pon1ible for thi.8 ad w lk a11 ••- c cdle11 o any a c io taken prior July 27. Und r that theory, r y 11 deri.vad •• a r sul o r plAc nt or ,, ~ ' • • , IJ ' • • • • • page 2 It is undobtedly up to the City Council at this point to consider Mr. Dounay's protest and I offer the above remarks only as clarification to the procedure, If you have any other questions, I would be g lad to attempt to answer them at your convenience. Aj rJ o illJ.,"~ Karl Nollenberger KN/SC I' -' '' • • - • ,_. ~hu.l · VOlt . ..:~ ~· ~bOe CountJ .• ,,,. .. ~er , ~· CCp.m\~,tCouJ't HouM ;ltSM:,l•to..Q.i~.:-.8.0120 ' ~: ... _ •.. -.ll,.a : I . • 0 I• • .~cl-~tliift···--Cl.tJ~~ounoU 4f, tM t;it.r .ot ~uood ~· on tl'M4l1n& an C>Hlnanoe or•U1111.m .. tabl1ah-~~ -~..-4la,l"Mt "° be lllMMl .•• ·~-lk. ~.....,_,:Ps..-10' Mo •. 1• .. In __ 1 .P&•t t9 .C1V baa put .~ ,,... .... .-_ ... _,. oonoena,lina ftA1. -46peol&J. .a•M...-t · ll'lflt,f-'• •-.SOit ,.,_ _. ..... u._ SD prooeH .in \lie ~~I ·1 C )i,ored4-. Pl ... • oon•i491' tb11 letter •• notltloatlon ot th• s.pend1n& ....... , • .r ..._ propenle• Uated •.. Ve wou14 &J>Preolate ,.,_ reool"d1ftl or th1• Ol"dinuO• bJ JOUl" otfloe tor thh .-.on •. r1 , J . Ver7 tNlJ 1oura, .. ' IJhU. .. ~, ' lneloaur• G "' -' •, • • 1 • - ·' . :~ '· \ . • ....... • • Mr. Karl Nollenberg er Director of ~inance C~ty of Englewo od 3400 S . Elat1 St. Englewo od, Colorado 80 110 D~ar Mr. Nollenberg er: • I• - 11 06 W. Pr i ceton Plac e Engl ~w oo , Jo l o a do 80110 January 22, 197 5 On January 11, 1975, I received noti ce tha t I am being assessed $441 .1 2 for 40.75 feet of sidewalk construction in front of my property, which is in the 1100 block of w. Princeton Place, Lot 1, Block 3, Rose Me adows, Inglewo od, A.ra paboe Q.ounty, C~lorado. , This letter is to protest this asses s ment for the following reasons. Pirs t of all, as I told yo u in my tel e - phone conversation on Augu s t 14, 1974, I a ssumed possession of my home on July 27, 1974, mo ving to Eng lew ood from Gr P.eley, Nebra ska. At no time prior to the removal of the existing sidewalk wa s I informed by anyone that a new sidewalk would be constructed. You told me sp oifica ly that the pa rty fro m whom I purchased the propert y would be assessed for the sidewalk s ince they owned t his property when it wa s d e termined that the s idewalk would be r pl ced. To further cla rif7rthe mat ter I asked you, "Will I be t axad in a ny w y for this sidewalk?" Your reply was , "No. The pr v1ous owners will have to pay the tax on this." Since I received an unex pected le tter fr om you dated anua r 11, 1975, and stating that I am being assessed for t his sid ew a lk, I again telephoned you r office on January 15, 1975, and discussed with you th1 tax a se ssm ent . During this disoussion you stated that Sidewalk Impr ove me nt District No. 7 m ore t d 11 in January or .re bru ry of '7 , " and that "each propert7 owne r ffected was notified of the improvem ents t o be c de." It i s also my understanding t t c property owner ha d th• op tion of prot s ting the a ide lk conetr c t1on l e t pring. 1nce I s 11vin 1n liebr ska l s t sp r1 , I feel t hat the party which wa pre ent d thia n o tice of proposed co nstruction, with the option of protesting t he propos l ~ a be rin , 1hould bt responsible !or 11n t b t xe 1 on t 11 idtw lk . A• a m tt r ot t o , t or1 1 al •1 ewalk not not a 1atety & rd, n di not. to tn1 o! er a te a dr in e problem for n1 rt1 cod. 1th the•• at teaeD~ tn mind , I eel it to im proper and unfair to •••••• me tor an item tor whioh I · d a oluttl7 no k.nowl t t, nd also th r1 bt of protest, prior to the •1d al oone truotion . • • • • • • I NT RODU CED AS A BILL BY COUNCIL MAN ----+0_1_--IJ~~---- A BILL FOR AN ORDINANC [ APPROVI NG THE WHOLE COST OF THE IMPROV EMENT S MADE IN AND FO R SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CITY OF ENGLEWOOD, COLO RADO; APPROVING AND CONFIRMING THE APP OR TION ME T OF SAID COST TO EACH LOT OR TRACT OF LAND I SAID DISTRIC T; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBI G THE MANN ER OF COLLEC TION AND PAYMENT OF SAID ASSE 5MENTS . WH EREAS , the City Co un cil of the City of Englewood, Colo rado , pursuant to Ar icle X, Section 107 of the Chart er and Chapter 1, Title XII, of the 1969 Englewood Muni ci pal Code of s a id Ci ty, and the Laws of the State of Colo rado, enacted Ord inance No. 23, Ser ies of 1974, c reating Si de - walk Improvement District No. 74 , an d prov i din g for the construction therein of side walk improvements; and WH EREAS, the City Manager and Di re ctor of Finance advertised for bids to construct such improveme nt s in three (3) c n~ec utive weekly is ues of the Englewood Herald Sentinel; and WHLRT'AS, on August 5, 19 4, the Ci t y Cou n cil of ~ City of Englewood , Colorddo, accepted the bid of Trujillo Cm nt Con rac or in th amoun f $4 2, 15 a he low nd b st bid nd au ho rized th Mayor nd r1 t Cler con r c documents; nd he d \\II • 1 • uch improvements o su h improve- nd i ng th tot 1 co t of iled with he City Council; Jld\0111 CO t Ol aid 11oun nd oth r llow d y • • • • 0 • WHEREAS, from s aid statement it also appears that the City Cou ncil has appo r i oned a share of the said whol e cost to each lo o r tract of land in said District , in a ccordan ce with the benefits to be der ived by said property and in the proportions and amount s severally s et forth in Resolution No. 1, Series of 19 75 , adopted by the City Coun cil on the 6th day of January, 1975, which Resolution is by reference made a part hereof; and WHEREAS, Notice of a Public Hearing concerning the levying of assessm e nts on the real property in the District and upon this ordinance has been published once a week for three (3) weeks in the Englewood Hearld Sentinel, a newspaper of general circulation in the City, and, in addition, a copy of the Notice has been mailed, postage prepaid, to each known owner of real property within the District, which Notice is by ref- erence made a part hereof; and WHEREAS, at the time and place specified in said otice , the City Council met in open session for the purpose of hearing any objections or protests that migh be made against aid assessment s; and WHER EAS , all objec t ions and complaints having been duly he ard and con id ·u d, the Council has deter- mined th t such objections should be denied except as hi Ordinan e has accepted hem and incorporated herein hJn in said a s sment ba ed upon said objections; and 0 th BY TH CITY COU CIL ollow : ent ~-' d • • • • • ' • I • - and as amended herein, is hereby approved and confirmed, a nd said apportionment is h e reby d eclared to be in accord- ance with the bene f its wh ich the property in said Dis- trict will re ceive b y reason of the construction of said improvemen ts ; and a share of said cost is hereby as sessed to and upon each lot or tract of land within the District in the proportions an d amou nt s set forth in said Resolution and Notice, as amended h erein: Corrected Assessment $141.48 $277 .64 $ 92 .7 7 Name and Address 1971 34 1 09 020 Gerde s, Larry S. & Vickie E., Jt Ten 2751 S. Lincoln Englewood, Colo. 80110 Lot & Block N 18' 35; all 36 1971 34 1 11 0 18 40, Lee, Elma H. 41 2935 S. Lincoln Englewood, Colo. 80110 2077 0 4 4 09 002 Barnes, Emory S. & Alice E. 4108 S. Jason Englewood, Colo. 80110 2 Subdivision 1 Killies Su b Res 2/3 1 Strayers Bdwy Hts 1 Oxford Ht s Sec tion 2. That of the City of Englewood will bal.nce of $35,231.81 to b 11 oper y in .aid Di~ ric t, . 1, en.es of 197 i; the whole cost of 48,7 3.0 , pay $13,551.Zl, lea ing a assessed again s t the real in accordance with Re solu ti on shall ~ du aPd Financ , without ft r he final In c se ny own r of Ordina n ce sh 11 f 11 nt gain t hi prop rt v. , th n he pro rat co t of id ed a inst his prop r y, tog th~r r t of fi (5\) p~rcent p r nnum h 11 b p y ble in en (10) eq ual fir of which installm nt s of h 11 du nd pay bl on or nd rm ind r of aid in.t 11 · . ~- • • • • • • 0 • ments shall be due and payable successively on or before the 1st day of Janua ry in each ye ar thereafter until said principal and i ntere st are paid in full. Failure to pay any installment, wheth er of principal or interest, when due s hall cause the whole of the unpaid principal to become du e and payab le im mediately, and the whol e amount of th e unpaid principal and accrued interest s hall thereafter draw inte rest at the rate of one per centum (1%) per month, or fractio n of a month, until th e date of tax sale, a s by 1 w provided, but at any t i me prior to the da t of the sale, any owner may pay the amount of all unp ai d insta llments with intere s t at one per c e ntum (1%) per month , or fraction of a month, upon all delinquent installments, and all penalties a cc rued, and shall thereup o n be restored to the right thereafter to pay in installment s in the same mann er as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pav the whole of the unpaid principal with accrued interest tv the rl ate of the next asses ment installment payment date. Payments may be made to the Director of Finance at any time within thirty (30) days after the final publication of this Ordinance. Immediately after the expiration of such thirty (30) day period, said as essments hall be certified to the Cou nty Treasur er of Ar pahoe County, Colorado, for collection, as provided y law. ction 4. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or inv lid, such judgment sh 11 not affect, impair or inv lid te the remaining prov1 ions of thi Ordin nee, i being the intention tha the v rious provision her of ar v r ble. -4 -• • t ........ • • • • • Introduced, read in full and passed on first reading on the 18th day of February, 1975. Publ ishe d as a Bill for an Ordinance on the 20th day of February, 1975. MAYOR ATTEST: ex officio City Cl erk-Treasurer I, Karl Nollenberger, do hereby certify that the abov e and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 18th day of February, 19 75 . ex officio City Clerk -Treasurer ·S· • • • • • • 0 • INTRODUCED AS A BILL BY COUNCILMAN ~~~~oo......:..v~t:..:..::.=J~~~~~~ A BILL FOR AN ORDINANCE AME DI G SECTION 14, CHAPTER 4, TITLE V OF THE 1969 E.M.C., RELATI G TO ANNUAL MILITARY LEAVE; PAY - ME T FOR THE FIRST FIFTEEN (15) DAYS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, a s follows: Section 1. That Section 14, Chapter 4, Title V, 1969 E.M .C. is hereby amended to read as follows: I ' din 5-4-14 MILIT ~y LEA t d, r d 1n 18th d 0 an-employ e who i avy, on tr "' -' •. • • - • • • • Publi s hed as a Bill for an Ordina n ce on the 20th day of February, 19 7 5 . MAYOR ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, do hereby c ertify th at the above and foregoing is a true, accurate ard complete copy of a Bill for an Ordinan ce , i ntroduced, r ral in full, and passed on first reading i.,n the 18th day 0 .1. , el ruary, l•i 7S. ex officio City Clerk-Treasurer -z • "' -' •. • • - ''· •1 • • ( • • 0 • M E M 0 R A N D U M TO: Andy Mcc o wn , City Mwn ager FROM: Ri ch Lorig , Person nel Director DATE : Febr uary 11 , 1975 SUBJ ECT: Military Leave Pay After re ceiving yoLr memo for further review of military leave pay , in par 1 cul ar as it effects Ms. Cathy Cory, I contact ed the Naval and A r Reser ve s and th e Natio nal Guard. I als o had a ersonal in ervi PW wit h Ms . Co ry Lo ascertain the facts in h er c omplain . .1 dve attached the of ficial government pamp hl et ~ent to empl u yers th at hav e reservist working for them . This wou l d be t~L .,die o ne Ms . Cory was uoting from on January 20 , 1 975 . From the discussion with Ms . Cory I l earned her compl ain c er1 around the f ac t t at at summer camp thy are on duty f or 14 day ~, 24 hours a day . ~he f elt the City was e ntit led to rece ve back o nly the pay a ccrued during the normal 8 hour Monday t hrough F1i- day sched ule . I called U.S . "avy Rese!'V", NARS, D2 Un i 1t Buck - ey for inf o rm 1 n . The infor mati L .•port d ta th ey n lon,er ar o n a lq ay p riod but rather a 12 day straight t0 r 01 ~ ty ue o b 1 e c ba c ks. The reservists work on an aver ge 0 1 8 hours a day b ut a re termed on duty the entire 24 hour eriod for 'he 12 days . Therefore , Ms . Cory is correct in ..,ay i g we ker.l::i Pdly not free and hey are on duty 24 hours a day . Of cours e oes not mean t hey ar ncce_s arily working 2 hour a • l i kt> y it i!l hO!rr, ~s. Co1 lso concerne d that her travel expen se when ta e 1n fnver f r , ~e r camp did not cov r the actual cos • Sh felt ha t 1" t i Lit ..., :, h r p y ~u plim nted h r trav el 1.xpens ". A:: 1 see 1 t., t11 ... c i • Dei:, rtme .. ~ " t' fen:; problem an no ours r les n t ·nvel exp nse . A ... o, :• J • e Ms . Cory had enlis e in :; •rv1 , ....... l.ould proba ly -f' co1 .o 1dered by her as an ec n o 1 C00 0 1 ch~iLe of e lis .m n r 1. s ervis and o · •te Navy th • • , -• • . ' • Pcige 2 Th erefore, I would 11.;con unend the Board's policy be instituted a::; written si nce it is more than required by the Feder 'll Go" rnment and totally fair to all of the reserve services exep ting the Navy . We would a_so be in llne with th e majority of the other me ro . corrununities . S incerely, (l~~L.£ic Richard A. Lorig '"-"--:} Personnel Director PAL /cl . , • • • I'~ ' -• ~· • . , ? Why d o w nc d ll • • • • ( • - • • ·._How wlll the All-Voluntffr Military Concept ' affectthe~dondleso rvc ? •· ~ nv .... tlitJUUf•)'''tl .. " t 1 11"-·111 tl ~·lwloryol •A.J1 ·~100 thore wtll be on '"' •L'O >t:d 1< l111nu1 plcxeJ ~the C..~d ?nd ReY or ·e Th>-y provide almo!>I 30pe<°Cen!o fthe r ountr) mil 1'01y n10npo~ rJ nd r.p/ewm ?v1 tol i:,ortuf o ·' '•.11>11try ·.<1b1l11y todet<:1 (r deieM t.rsell 1..go ·· .' •ill , .• ul'ld migres! 100 s .. ~ .. Guonl oncl ........ really ready to ';:.......too call in time of noecl? . ,...,More than ony ot'"-11n>e 1n o-,r h "tury the 011 ·~ ' s we< is Y[) Reodt •11 <I ,blP. to ''""'er on~ • 111 ~· , }>, •• 1 .,,. ,PRlh thf: Gvord rmd R+>>P.I '. !"v"'-' been re-01v11 •1 _j ·: !Jt.:•_...,,. • 1 ~ .'._ equ pment It r, ~·-1 <(< ol t~ nKJSt up to-dot 1'·•', ·~ ~~·./ .. "° . .-~u i pn-11 i n tr. U 5 ,111-entory A top pr1o<1ty •• bc.ng91v • tOmt'Jkt:1 er1t1~1 1c 1l l C.,u<t1 clni1 t Re~'?f"V\.. .. Units Of' u t t omliot 11i<ld11.e ·, 111 Inc with ti "' pr ... w1•y 1• rJn int 1l'".1+1M hu1rnnq '1hedul<-""''" o t11'4 II • tlOW ot t u11·n~•11t /\1 ._I tlu .. llCllflll kl 1• :• being 1nleyroted with the A· live Duty ~u1H ..... t" , "• ·~ • ' , pr1ng tho level <J protessionol1srr. even higher ..... < ·~:t·' .. ,, ,,.. l ~ ..... . ·' .:-. ..... ~ . • ' • • 6 . Will the cost of noti-1 defense and s.c:urity be affcctocl by this incr-HCI reliance on the C.-nl and le .. rve? G reote< use of Reserve ,ompo1 nt ~ would <e< 101nly provide o less r os ly w i of "h1e v1 o d fen~ >tr<>-tc•re les ~ than •t w ould be to rr loin o lo1qer l t1ll 11me force The cos1 o' rro0n•o.n "'9 o Gt ·ord o< ~"'!'C""" rnembc:>• •Sonly one fol t that to !"')()1ntu 111 ofLtll t n'4.? mc1nb....'f o f ti n1,l1t"lry 7 . What Is the f1U111010 of the Nati-I c:-M .... for &nployor SuppOft of the Guonl and lowno? To ~ure emplc,yer su por1 f0< oll en ,.. ,ees who .,,e or could t>e<..xne members of th Guard or Re- W<v through the developmen1 01.d m plem nto· toon of p.?t """"'I proc '",..; 111oh• h w ill '"'urc that ~l.k.hpotfl f ro'• ,nwouldn,,,t \.>dto1ob1mpedunent • . • • - '1 .,. • • ( • .... . ~ ... • ,,, -' 0 • • -JD~ ..... M••M ~.:: whoft he o• ~:~-yon a Guanio• Re1ervet ,,~·r of d ty °' No but e mployer ~ ore e ncouraged to poy t d1! lere1 l<e between the m1l1t ry comi ngs ,ind th '""hon salary a s mony e mployer s d o so th<> e m ptoyee does not ~ulfer o l1nonc1ol loss wh1I« pet tocm1ng a potnotK duty. 1 O. What ore the traini"I obliptiors of o Guo,._ ... t.sen·i ~t ? Normally. a weekend a month and two weeks dur· ing thecourseof theyecr foc annual tro1ni ng alter the initial tro1n1ng per1a.' • • , ( • • 0 • ------------------------ W '''"'"t''"' ti • ll.1h,,,.•1ll• .. 11t•j,,, IM· ·1•h.1l lfte.•,t 11•<tll ltli1tf•ou• '"1fo\11 lllndllMJtn.1111l (MM::M '4••''"" ,.ldpo. lheVf<t' quu e ood 6t"W4'we the onl.,.,..I ond wppltl o t th.Jr A.mett<.o hvJ•net.~ COfl'\tnUl'lll'f' (ft _..tf 0\ ~'f Mg"'9nl o4 OUf l0(1•t~ In the h.ghelt ~·con trod•hO"I the\• Guo1d uf'Ci "'-'""'• fot t • or• monned ~ C•Yll•an• Thetr voluntorv serw •<• tolo.et. them hC"m their hofnel ttw.r tomihM ond l..._lf oe,cupoi,ons On """"t..et'ldt. O"d nt °"*' 11'"91 they t r o ll'' to Pf•por• t~I"" 10 Ol'lt.wer 1~• covniry• con 10 oct.,,. .., ... ,,. '" tN U'•'" StotM or med t0tces If t~ "oiunMet h.>rces ore to conti nue to"'"• ou1 br~ pvbhc unditntond·ng '' 119QU1r .d of the 10 10\ t01ce 'o ~ QI no11onm .-cun ty -o •'d 1twt ftHntiol roi• ol tM Guard ond lileHt""9 oMthin ,, The Wotd ond ...._,¥9 need tM potr1oi.c c.ooperohor' ot Alneficon ~· 1t1 Joc1lltoting the port1e1pott0n ot 1"91r et.i1b-• ~ in Guard ond lfferve ptogro,.,.,. without 1tnl)9d,,.,.n1 OI pef\011'1· • ther.tor• 10tn o ther f1'19mti.f l ot the Am9HCOf'I ~·~• (Qf'PtfftUftll'f' '" 09'~· that I O.-.r •t>1pk ..,.u.•.1•<bund rtu t"<C '('IPf"t•t" 1)9 \i"11t.,,t~11 u.J, .. 0•1.ll•••l;l\•.,1.•l•l •h.·" .,...,,. tl•t• GuardoH ....,....,... •• 2 Ovr •"'Ploye.t .,.11 M gr onted leoVfl ot ot>-e04,.e for "'1htOf't tro1n•nt "'the Guot d 0< .. ,.,..., .,.,,mo,,.t toerific• ot voe oh°" t •tne ond 3 UH~ng1Hmel"lt and tt-4 rlh"'' 1n t 1.ompu11y pot c••i ... u ~ 1ir-ode "''-.0 ""'" th1°"9•~ I 1he OfqOn•IOh<.J o• d 001,outte•d 1n (ortpo11y p b• .. "''~t\o ond tlu°"Oh o ther ••••••"9 ~ns of (O""rn' n· 01 , ·--..._.,\,..._. ... ~1-.-"'"""'' f "9 ..,._.,_.. .......... .. ... . ----·--- I • • I • ! :Y l 't -: 0. 1~3~:. ;!: ~ j -: 3 :":i .. "' -' l • •• I 0 - .. ? • " g. ~ ~ , !1 ; .. t .. I • • "' -I 0 I• • ~. ,, fl f i ... , . I i I t ' , I ' ' • • • { ( • • 0 • I TRODUCED AS A BILL BY COUNCILMAN A BILL FOR A ORDINANCE AMENDING SECTIO 14, CHAPTER 4, TITLE V OF THE 1969 E.M.C., RELATING TO ANNUAL MILITARY LEAVE; PAY- ME T FOR THE FIRST FIFTEEN (15) DAYS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, as follows: Section 1. That Section 14, Chapter 4, Title V, 1969 E.M.C. is hereby amended to read as follows: din 5-4-14 MILIT . KY Lf:.\ t. (a) Any permanent or probationary employee who enlists or is inducted into the military, naval, air, or other Armed Forces of the United States in time of war,shall be entitled to leave of absence without pay for the duration of such war, or until honorably discharged, whichever occurs first, and for one (1) year thereafter. (b) NY REGULAR FULL-TIME an-emp loyee who is a member of the National Guard, Army, avy, Marine or ir Force Re erve may be granted leave not to exceed ninety (90) days to a tend military training c mp. Of this period of tim , SAID EMPLOYEE SHALL BE ALLOWED THE NORMAL FIFTEE.' (15) DAYS MILITARY LE VE OF ABSENCE WHE ORDERED TO CTI E DUTY FOR TRAI I G. THE CITY SHALL PA ' THE DIFFERE 'CE BETWEE THE EMPLOYEE'S MILITARY PAY AND REGULAR PAY, IF HIS MILITARY PAY IS THE LESSER AMOU T. IF THE E1PLOYEE TAKES MIL ITARY LEAVE DURI G HIS VACATIO HE WILL RECEIVE fULL PAY. MILITARY PAY I CLUDES ONLY BASE, PLUS LO, GEVITY PAY. IT DOES OT INCLUDE ALLOWA CES FO R TRAVEL, SUB !'TE 'CE, OR QUARTERS. tfte-tr t i teen -l -e lend r -day -ftall-be -granted -wit pay · nd -11 -no -e·eo~nted-a -any-part-e ·the emp eyee 1 -nnttal-leave. lntroduc d, re d in full nd passed on fir on h l h d y of F bru ry, 1975. ·l · •. • • ....... • • • • . ' • Published as a Bil] f or an Ordinance on the 20th day of fe b r ~a r y , 19 75. MAYOR ATTEST: ex officio city Clerk-Treasurer 1, Karl ollenberger, do hereby certify that the above and foregoing is a true, accurat e ard comple t e copy of a Bill for an Ordinan c e, i ntroduced, r~al in full, and passed on first reading vn the lSlh day o r ,e1 ruary, 1 ~7 S. ( e• o!f•c•• C••Y Clerk -Tr••••••• ' ·2· • • • I - • • ( • • 0 I • • INTRODUCED AS A BIL L BY CO U CIL MA A BILL FOR AN ORDINANCE AME DING SE CT IO N 14, CHAPTER 4, TITLE V OF THE 1969 E .M.C ., RELATI G TO ANNUAL MILITARY LEAVE ; PAY - MEN T FOR THE FIRST FIFTEEN (15) DAYS THEREOF. BE IT ORDAINED BY TH CITY COUNCIL OF TH E CITY OF EN GLEWO OD , COLORADO, as follows: ection 1 . That Section 14, Chapter 4, Title V, 1969 E.M.C. is hereby am ende d to read as follows: 5-4-14 MILIT Ar-Y LE.ht.: (a) Any permanent or probationary employee who enli s t s o r is inducted into the military , nav 1, air, o r other Armed Forces of the United tate s i n time of war,shall be entitled to leave of ab se nce without pay for the dura ion of such war ,o r until honorably discharged, whi c hever occu r firs , and fo r one (1) ye r ther af er. (b) A Y R GULAR FULL-TIME aft -mploy ho 1s a m mber of th ational Guard, Arm y , a y, M r i ne or ir Fore Reserve may be gr nte d le ve not to e ceed ninety (90) day o end mili ary training c amp. Of this period o ime, AID r.MPLOYEc SHALL E ALLOWED THE 'O RMAL FlFTFE~ (15) D\Y IILITARY LEAVE OF ABSE . CE WH E ORDERED TO CT l VE OUT . FO R TRA I ING. THE C JTY HALL P Y TllE DIFFFRE 'C BETWEE, THE E'iP LOYEE'S lLIT RY PAY AND REGULA PAY, IF HIS tILITARY P Y LS THF LS RAMU T. If THE EMPLOYEE TA c MILITARY L[AVE DURIG Hl V C TIO HE WILL R.C I 'E FULL P Y. ILITARY PAY I. CLUDES O. LY BASE, PLU L G VITY p . IT DOE or 1.'CLUDr: LLO CES 1R TRAVEL, UB I T 'CE, R QUART RS. the -ir i teeft -15 -c lendar -d y -s hal l--ran ed -with p y and -hall -net · e ·eettnted ·a -any -part e · he C rl YC I ft tt }•}C Ye , lntroduc d, r ad i n full and pa d on ir re din on h 1 h d • of Febru ry, 19~s. ,. -' • • • • • Published as a Bill for an Ordin nee on the 2U th day of February, 19 7 5. MAYOR ATTEST : ex officio City Clerk -Treas ur er 1, Karl Nollenberger, do hereby c ertify that the above and foregoing is a t ru e, accurate a rd complete copy of a Bill for an Ordinan c e, i ntroduced , r r al in fu ll, and passed on first reading ~n the 18lh day o~ .elruary, 1 ~7 5. ex officio City Cle rk -T reasur er -2 - • • • • IN THE DISTRICT COURT IN AMD POR '!'DE ·COUNTY OF AR.!\Pl\HOE AND S T.I\ Tl: OF' COLORl\00 Civil 1\ction No. 32406, Division l ri ;·· •; Trt in ~; COllPOAATION, ·.1r: 'HJ h11si.neR<J 8!" A'lAP' s ll':'>T l\U1U\N'l' AND LOIJNC':E, Petl tJ.oner, v~. ) ) ) ) ) ) ) ) ) ) ) ) ) PINDINas or F!'.C':', CONCLUSIONS Ol" T •. \:4, .11.tm JUDG'1ENT ':'llr: CITY O'f' ENGLEWOOD 1 a 'lun i cinal corpor:atiC'n, anJ 'I'll;: CIT': COU!ICit, 0 1" • HE C!T\' Of' t:U~LEWOOO, Reapondr.nts. Tl!IS f\J\TTER·, cocdng =·n to be hcnrd on tho Citn t ior. fo 0 u c.! out c·f this Court upnn pc~itio ner's reque!lt fo r an ext r .·nrd •nl\-:-v wr• t under fl ule 106, Colorado rtulc•; of Civil Procedure, to e i ssu -n c . o! a three-way linuor licrr. t r· ':nc petitioner in La C!ty of Engl ewood , and the Cou rt, t-i 1 v n•1 ~xa~~ned the entire tranncrlrt and 1upportlnq oxhlbits th~r r~~. ; ,•eluding thn thr~e afficlavitc f led b: three INl!lhorl'I of th Q •.n lJ l <?...,ood City Counc~l , w lch at !ti nvits l'lre dated Jl'nUArv 7, l ', , nd Tc Court, hav 'n7 furthor .xa~ined tho bri~fq au Mi t~~ h CC"IU"'l'Jtt l, havinq "'teard n tc"en s an<l a rqwnent o councc l, .. ,~ J<l"• · fu 'ly advi!ll d n t '1·• o r"l"l! e, rus)taq the_follnwing ffn ,H n1.., .. .,! f ct , concl u1 1on• of lll", 1'nJ judgf"ent herelna Th c~ r ~tn d• t h fol l ~\n~ f~c~· l. e i i C"n f"r e ;"11l •.o 'i to rt <'l ndent Ci ty for a \ • ,.. ! · • " r e t ur nt li ~uor llc~n• on ~arc . 20, 1974. In th cour•• o • id l •Cl' \.18 !1 ta "'• frir t ~ f I ut l ot od o 'lay 2 •. • • t - • • 2. The Respondent City, actinq as a quaai-judici l!dMl tted into evidence vftrious a xhibi ts and petl tions c1 rcu l·• .. in f avor of, and opposed to tho grantl ng of said licens • Th Council also heard testinr•y of various witnesses and statorn n ~~ 0f counsel. At the conclusion of the hearing, the Respondent City Council deferred " cleter'l'lination of the qrant!nq or den:·t •H o t the liquor license unti a l ater da te. 3. W!:lile the nr.tter dici oono up before counc t l on .lun 1974, no actio11 wafll taken on t~e applic&ti.on until June 17, lr,;1 . •")n :J une 17, 1974, the Req r · .d en~ ,. t v 1tdopted a resol u _' ·"n, l~n'"":'I ,,~, qcs1:il ution 20, Series of 1974, dflnyinq the is11uAr.cP. o f t"" proposed liquor licenflle to t.~e applicant petitioner. 4. It appear!l that-. between '4av 20, 1974 anct .:rune 17, ~'l 1 ~ t,rcc of the councilmen wer e recalled in a ap~cial cl~ctJon held during th&t period, and t >roe nev coun ill'len, nar.11 ·1~·, L<' - ,Ton·•.J , James L. Taylor and avid R. Claytnn, ere elec c CJ '1; recall elect~on and took ffict!' on t evoning o f Jun l?, q ~ TWo of the councillllen, ce 'l . ,lo"c• l\nd J a. ... es L. Tavlor, w p r·~·~ 'nt 11!1 private cit !..·0r,• r.t:. ~ n council l'IOetinCJ on .• .,,., 20, l " 4 an.l t.nd f csted th y hear :l .he '· th'i; c .ftc-prior t Cl the votin <'"' ~,.. of the p ropo d 11c'1uor Uct•nso . 'lho third new ccunci l~~ .... , 01w '· Cl v 1 n, wa11 nnt p y call \• nrl"'I n at t e coancll r~a · 2 , 1974 and eb::itoi:wd f'ron vot r:'} on th~ a • 1 tc11 1.on n"I ftul tllntlal vf :i nc • r• f ,r-r y c ouncil o ~ .. '. an ... 7 , ?. 74 • n .. • • -• oppoein9 t.he licen•• were from persons Who were not only outside t.he nei9hborhood, but outside the City of Bnglevood and some cvon outalde tho County of hrapahoe. 6. The proposed liquor license va• tor a location at 3$6 6 South Broa<!w ay. The cloaeet t h rPll-way license to the north t s in th e 3 4 0') nloolt of South Broadway ""e. tho closest Ucens~ to t o south is in the 4300 Bloclt of South Broadway. The fact that tho re aro :.:ew package liquor c;toros in hetwcon that ar'l<i iR of no oiqnt.!' .. cance . Thorr. a:-1pea r<1 to " no liquor outlet:; 'l'lo · 1 ."G T to t ho ea 1 t o f sai Joc 1tt on cle>a-:.o L'l c c't•1 limits . ':.1 <" .::>se!"t i:-r n ter lrn<'"<m as Cinde r lli. C! ~ a t 1n H'OX'.na toly th 35 00 "1 on <;ou-·., Ela ti Str"C.... (S c..n c~ ·~ Ex hihlt CF.f l). 7. .~clditionally, 111 ~11-: • 4" ~"it o "">o sition appears to h,. member:J of a church qroup, and •. 1 tl'.'·1 ti'1lony of mo .. !: of t"'~ .•i l- Citv o! F''lqlevood failo t.o •-op rl :• '?:< rciae it qu i-J ud ir·1 ' !unction in f r il i 'la to pron<~ l • r,..•:i,•\1 1 ll of th evidi:?rc ·, l r c # ·1 - •nq a t r3n scrip t o ':''1 Ccur•, horr.!cr r, c .tel , h "' < on t"io fnr•· c :l" l . ~. 75-1-7(7 n p..-r in nt r • rhitrer tl. ,, -, 1 enc !~ clo r • 1e t~• Council h~~ ~no l\ a '"• x rel n t ' """'" •. • • - • • •1. .arimer County, 98 Colo. 16, 55 P.2d 703. There r.iu11t be !'!O!"C suhatanttal ~upon which to make a denial. Such reaaons ,,, the influx o f traffic, parking problems ar\:l 11peculat:!ve reason·· auch as van allsm, notse, di•~• rhance arn all ln13uffloien a•, "' natter of law to support th~ denial of a llnuor licen8e. Se~ ~ v. Preato, 13 5 Colo. 53 6 , 313 P.2d 9801 also Mobell v. :.:::i.::.::, 172 Colo. 12, 469 n.2 d 414. 2. If thera i s not sut~tantial hasiA f.or denying tt, ;o ~ouncil ~uat qrant ~.,e issu n ~ ot t...,e license. 3. Tho City Counci t<: rrl"'\I• red to exercise d ' .r<-t! """ on not onlv tho reanc-n::iblc r""'' f tha COl"'J'!Unfty bc!na -,.r ,, .. by t'l!" outl r t, but: l'lleo th.-de i r c.. c:-f the inhab tant9. '~~ :: , et 31 v. ~ Countv, 151 Colo . 115, 376 P.2d 519) •1 • '::'<:?at!.mony of' wi tneo·H•s ol -I .tinq to the c;r n •,, a 1 iquor li c n s h , s ed u on ba!"• c a I, rreonce to t1lcr ol' .-~" .. ,.._ " " er a "'ear tt-i • '1• '.:: urbanCl"'l'I av r ccur A tnsuffic!t"'l" ~" -..,,, • T of la.., to "IUoport ~ .. c denial of LaTunta, 493 r.2d 6~1. S. f"cau!l e of he '": •ha ev~ra 1 t'\91'1 <''l" r-.~ ~"·· ,.., .. ,.,,., ~ had not ~ad an o rn t t:nity r -rad ·~<' tran c':'"ipt of t h ..,.,.,.,:l~t:_ ot • "'"' "'Uhl ,. hf" r no, t 1 !' rnur cftnno de l"'l'line an • ne .. er r ~ l l' th. th~ ':'c · nc l l'IC d r1r·,~tr r 5 •y or bu. eod lt'l di er,.~ rm '1 • ~· r:' ID DtCRPED foll cw~• "'' :o unci tor .. · •111 Cl"" f 1• .....,i • r-• .... c ·. r 'l c--and exercl•e t h •4 r , '""'l' -juc!• ..:' • t·.inc~ t.o·, n cr-n ·c.' • thorf"\rc ~ , .. o ~ t' ion o f th i1t1u11nc or t 'l !l'I 1 ;-, •. • • , -- • • • cf a liquor U ce uso bn1ed upo all of the e•idenc:e and not ~cons15tent vit~ t he viE"'B set forth in this opin ion. SIG :ro in coon Court this .J sfl <.l a y of 9ft...166.1-fl.1-J ') 75. . ' ' • • • • INI'RODUCED BY COUNCI LMAN __ _;:S~o_v_£;=._f'<_.J ________ _ AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $t/: /bo,.n70 , DATED APRIL 1, 1975, OF THE CITY OF ENGLEW°OOD, COLORADO, FOR THE PURPOSE OF REFUNDING AND PAYING OUTSTANDING CITY OF ENGLEWOOD GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1965, IN THE AMOUNT OF $2,750,000, DATED SEPTEMBER 1, 1965, AND GENERAL OBLIGATION WATER IM- PROVEMENT BONDS, SERIES 1971, IN THE AMOUNT OF $1,77 5,000, DATED APRIL l, 1971; PROVIDING FOR THE ESTABLISHMENT OF A..~ ESCROW ACCOUNT FOR THE PAYMENT AND RED EMPTION OF SAID OUTSTANDING BONDS; PROVIDING FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF THE NET REVENUES OF THE WATER SYSTEM OF THE CITY TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF THE REFUNDING BONDS AND IN- TEREST COUPONS TO BE ATTACHED THERETO; AND PRESCRIB- ING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, Colorado, owns, maintains and operated a municipal water system ; and WHEREAS, by Ordinance hereto fore adopted and approved by the City Coun cil, h Ci has authorized the issuance of i s G neral Obli ion R funding Water Bonds, Series 1965 , da ed S p mb r 1, 1 h amoun t of $4,845,000 (h rein "l r f rred to as of which there now r in ou s a in o id is the amount of $2,750,000 , 41.0 ncl usive, bearing int r a pav bl iannu 11 o Jun 1 and D cember 1 each year , and m ur i Dec mb r l, aa follow and B nd uITlb rs (All Inclusiv 2 420 -476 477 535 536 -596 597 -657 658 -718 719 -779 780 -841 842 -90 05 -969 Arnoun M uring $285,000 295,000 305,000 305,000 305,000 305,000 310,000 315,000 325,000 Int rest Rate (Per Annum) 3.lOt 3 .15t 3 .15"t 3.20't 3 .201. 3.251. 3 .25t 3. 30'7. 3 . 301. Year s Maturing 1975 1976 1977 1978 1979 1980 1981 1982 1983 bonds of thi issu m turing in th y r 1975 • l ri plus 1 ? miu of x op ion o h City six months prior to pon pnym n or par nd accrued interest at th rate p ifi 9 •. • • - • • • in the coupons att ached to t he bond or bonds being called for redemption; bonds maturin g in the vears 1976 and there- after b eing rede emable at the option of the City on Decem- ber 1, 1975, and on any interest payment date thereafter in inverse numerical order up on payment of par and accrued in- terest only; and WHEREAS, by Ordinance heretofore adopted and approved by the City Council, the City has authorized the issuance of its Ge ner al Obligation Water Improvement Bonds, Series 1971 , dated April 1 , 1971, in the amount of $2,200,000 (herein re- ferred to as the "1971 Issue"), of which there now remain outstandin~ the amount of $1 ,7 75 ,000, bein~ bonds numbered 86 to 440, inclusive, bearing interest payable semiannually on April 1 and October 1 each year , and maturing on April 1 as follows : Bond Numbers Amounts Interest Rate Years ~All Inclusive) 'Maturing (Per Annum2 Maturing 86 -109 $120,000 3 .50% 1976 llO -135 130,000 3. 507. 1977 136 -162 135 ,000 4. 00'7. 1978 1 63 -191 145 ,000 4 .00% 1979 192 -221 150 ,000 4.00% 1980 222 -253 160 ,000 4 .40% 1981 254 -287 170,000 4.40% 1982 288 -322 175,000 4 .40% 1983 323 -359 185,000 4 . 70'7. 1984 360 -398 195 ,000 4 . 707. 1985 399 -440 210 . 000 4 .807. 1986 a n d WHE REA S , bonds of this issue maturing in the years 1982 - and thereafter are redeemable prior to their respective ma- turity dat es at the option of the Citv, on April l, 1981 and on any i nteres payment date thereafter, in inverse numerical ord r, up0n o yment of par, accrued interest and a premium of 1% of pr incipal ; and • r nund 1 h determined that the out - 5 nd 1971 1es d t d S pt mb r l, 1965 and A lb d in th if!'l:lediat ly (' fu y he iaauanc o 10 ,,._ , • • , -• re fund i n g bonds in h e pr inc ip a l amo unt of $ ____ _ ~ t h ere b y redu cin g tota l de b t r e qu i r e ments to be paid by the • City, t o t he b e n efit o f t h e City a n d its inhabitants; and WHE REAS, t h e City h a s det ermined that it is necessary at this time t o a u horize t h e i s suance of r.eneral Obligat i on Re fundi n g Wa t er Bon ds, Se r ies 197 5, in the principal amoun t of$ ____ _ BE IT ORD AI NED BY THE CITY COUNCIL OF THE CITY OF ENG LEW OOD, CO LORA DO : Sec tion 1. That for the purpose of refunding and paying the City's out standing General Obligation Refunding Water Bo n d s, Se rie s 196 5, in the amount o f $2,750,000, dated September l , 1965, and its General Obligation Water Improv e- me n t Bonds, Series 1971 , in the amount of $1,775,000 , dated Ap r il 1, 1971 , the Ci ty shall issue its General Obligation Refundi n g Water Bond s, Series 1975, in the principal amount o f $ ____ , each to be de~ignated "General Obligation Refunding Water Bon d , Series 1975". Th e bonds s h all b e d ated Ap ri l 1 , 1975, and shall c on - s i st of bonds in the deno~inat i on o f $5 ,00 0 e a c h , numb ered 1 to , inclusive, bearing in erest not to excee d 87. p er a nnum, payable on Oc tober 1 , 1975 and semiannual ly thereafter on t h e 1s t d ~y of April and the 1st day of Oc tobe r each y e ar, and sha l l ma tur e serially on Octob e r 1 as follows : Amount ic in n r h c.: 1 y ' u li f Maturity 1975 1976 1977 1978 1979 1980 1981 1 982 1 9 3 1 9 84 11 Interest Ra te I ha bo nds s h all b r, , s h 11 b e fix ed by R s o - rch 3, 1 9 75, h da on •. • • , • The net effect ive interest rate of this issue of bonds is ~~~~% per annum . Bonds of this issue maturing on or before Octob er 1, 1982 shall not be redeemable prior to their respective ma- turity dates. Bonds maturing on or after October 1, 1983 shall be redeemable at the option of the City on October 1, 1982 and on any interest payment date thereafter, in inverse numerical order , upon payment of par, accrued interest and a premium of 1% of principal . The estimated period of usefulness of the property and improvements acquired or constructed with the proceeds of the bonds refunded by this issue is at least twenty-five (25) years. The bonds and the interest coupons attached thereto shall be payable in lawful money of the United States of America, at the First National Bank of Englewood, in Englewood, Colorado. Section 2. The bonds shall be signed with the facsimile signature of the Mayor of the City, with a facsimile of the seal of he City affixed thereto, and attested and counter- signed by he man ua l signature of the Director of Finance, ex-official City Clerk-Treasurer of the City . The interest coupons ttached to said bonds shall bear the facsimile sig- na ure of he Director of Finance, and when issued as afore- said as part of said bonds, shall be the binding obligations of th Ci y according to th ir import. Should any officer who m nual or facsimile signatur appears on said bonds or r th int rest coupons attached th reto cease to be such offi- • c r befo delivery of the bonds to the purchas r, such manual or facs imile si nature shall nevertheless be valid and uffici n for all purposes. ond nd int coupons att ch d th r to ah 11 b n • nti lly he followin form : 12 • • • (Form o f Bond) UNIT ED STAT ES OF AMERICA STAT E OF COLORADO COUNTY OF ARAPAHOE No . CI TY OF ENG LEWOOD GENE RAL OB LI GAT ION RE FUN DING WATER BOND SERIES 1975 $5,000 Th e City of En g lewood , in t h e County of Arapahoe and State of Co lor a do , acknowledges it self indebted and hereby p r omi s e s to p a y to the bearer hereo f, the principal sum of F IVE THOUSAND DOLLARS in lawful money of the United Stat es of America, on the 1st day of Oc tober, 19 with interes t thereon at the rate of annum, payable on Octob e r 1 , 197 5 and semiannually there- aft e r on the 1st day of April a n d the 1st day of October ea ch year, b o th principal and interest being payable at the First Nat iona l Bank o f Engl ewo o d , Eng lewood , Colorado, upon presentat i on and s urrender of said coupons and this bond as they severally b ecome due. Bonds of this issue maturing on or b e f o re October 1 , 1982 shall no be redeemable prior to t he ir re spec tive ma- turity dates. Bonds maturing on and after October l, 19R 3 are redcemabl prior to maturity at the option o f the City, in inv rse numerical order, on October l , 1982 and on inter- es paymen da es thereafter, upon payme n t of par, a ccrued in rest and a premium of 17. of principal. This bond is issu d by the City Cou n cil o f the City of En~l w od, Colo~ do for the purpos of providin~ funds with which o r fund and pay outs andin~ r.eneral Obligation Water Bond of h Ci y. und r th au hori v of and in full con- h o n o h State of Colorado, h Ci v . nrl pur o an Ordinanc duly l · o said City prior o th 0 13 ,,,_ , •. ' • • .... • • It is hereby certified and ~ecited that all the require- ments of law have been duly complied with by the proper of fi- cers of the City in the issuance of this bond; that the total debt of the City, including that of this bond, does not ex- ceed any limit of indebtedness prescribed by the Constitution or laws of the State of Colorado or the Charter of the City; and that provision has been made for the levy and collection of an annual tax on all of the property in the City, and for the application of the net revenues of the municipal water system of the City, sufficient to pay the interest on and principal of this bond when the same become due. The full faith and credit of the City of Englewood, Colorado are hereby pledged for the punctual payment of the principal of and interest on this bond . IN TESTIMONY WHEREOF, the City Council of the City of Englewood, Colorado has caused this bond to be signed with the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested and counter- signed by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer, and the interest coupons attached he~eto to be signed with the facsimile signature of the Director of Finance, as of the 1st day of April, 1975 . (FACSIMILE SE AL) ATTESTED AND COUNTERSIGNED : (Do Not Sign) Mayor 14 • l • • • ..... ( • • (Form of Interest Coupon) No . $~- April On the 1st day of October, 19 , unless the bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer hereof the amount shown hereon, in lawful money of the United States of America, at the First National Bank of Englewood, Englewood, Colorado, being interest then due on its General Obligation Refunding Water Bond, Series 1975, dated April 1, 1975, bearing No . 15 • • , • • Section 3. When said refunding bonds have been duly executed, the Director of Finance is hereby directed to deliver the bonds to the purchaser thereof on receipt of the agreed purchase price therefor . The proceeds of the b onds shall be used only for the purpose stated herein, and for pay i n g the costs and expenses incurred incidental to the issuance of s aid bonds and for no other purpose whatever. Neither the purchaser of said bonds nor the subsequent holder of any of them shall be responsible for the applica- tion or disposal by the City or any of its officers of any of the funds derived from the sale thereof. Section 4. For the purpose of paying the interest ac- cruing on said refunding bonds promptly as the same thereafter becomes due, and providing for the ultimate payment and re- demption of said bonds, there shall be levied upon all of the taxable property in the City, in addition to all other taxes, direct annual taxes in each of the years 1975 to 1 9 83, inclu- sive, sufficient to pay the interest on and principal of the bonds as the same become due and payable, respectively . Section 5 . Said taxe , when col lected, shall be deposit- ed i n a special fund to b e known as "City of Englewood General Obligation Refunding Water Bond Fund, 1975", and the proceeds der 1ved from s aid taxes shall be applied only to t e p aymen t of n cessary cos s and ex?enses of operating and main- water sys em and to the payment 0£ the interest and principal of he r fun ding bonds au horized herein, and for no other purpo e wha t~oever, until he i ndebtedness so contrac d pursuan n thi Ordin nee, bo h principal and interes , sh 11 have b en fully paid, sa i~fi d an discharg d . Noth in , hr - n ntain d hall b so constru d as to prevent the Ci y 0 h .. , r m tur , nd nd!J or r venu 1 y b or ... s l vv 0 dimini d. p D ' ' • • , • Section 6. The sums herein provided to pay the inter- est on said refunding bonds, and to discharge the principal thereof when due, are hereby appropriated for that purpose, and said amounts for each year shall also be included in the annual budget and appropriation Ordinance and bills to be ad opt ed and passed by the City Council of said City in each year, respectively, until said refunding bonds have been fully paid, satisfied and discharged. Section 7 . Notwithstanding the foregoing provisions for tax levies, the City hereby further covenants and agrees to establish, maintain, collect and enforce a schedule of rates, fees, tolls and charges for connection to and use of the water system of the City, which schedule shall be sufficient to assure that the revenue thereby produced, together with any other funds which may be lawfully available, and the pro- ceeds of general ad valorem taxes, shall pay all reasonable costs and expenses of operating and maintaining the water system and to pay the interest and principal of the General Obligation Refunding Water Bonds, Series 1975, herein author- ized, promptly as the same become due and payable, respec- tively,. Section 8. It shall be the duty of the City Council of said City, annual ly, at the time and in the manner provided by law for levying other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry out the provisions hereof with reference to the levying and collection of tax s; and the City shall levy, cer ifv and collect such taxes in the manner provided by law for the purpose of creating a fund for the pavm nt of th cos nd xp ns s of op r~ ing and maintaining th vater fi d . nd t paym n o h principal of th bonds and in- on, nd uch t a x wh n coll ct d ahall b k pt ppl1 d only for such purpos , as h r inabov sp ci - 17 ~-, • • ( - • • • Section 9. Th e proceeds derived from the sale of the refunding bonds authorized her ein, in an amount not le ss than $~~~~-· and the accrued interest on the bonds being refunded, shall be deposited with (h ereinafter desi gnated the "Bank"), in a separate fund and escrow accoun t hereby created and known as the "City of Englewood General Obligation Water Bonds, Series 1965 and 1971, Es crow Account ", herein designated as the "Refunding Escrow Account" or "Escrow Account", which account shall be at all times sufficient, together with any interest· to be -derived from the investment and any temporary reinvestment of the deposits, or any part thereof , in direct obligations or t\gency obligations of, or obligations guaranteed by the United States of America, to pay the principal of and inter- est on the outstanding issues to be retired, at their respec- tive maturities, as follows : 1965 Issue : Bonds numbe red 420 to 969, inc lusive, maturing in the ye ars 1975 and thereafter, shall be paid and retired at their respective maturity d ates, at t he First National Bank of Englewood, in Englewood, Colorado, according to their original t rms . 1971 Iss ue : Bond numbered 86 to 440, inclusive, maturing in the years 1976 and thereafter, shall be paid and retired at their resp ect ive ma urity dates, at the First National Bank of En~ C'' d, in Englewood, Colorado, according o their orginal e r . In t r st on the outstanding onds of th 1965 and 19 71 s h 11 p ·.1 he am acc rues, accord in to th 0 n il said bond IM urt>. 0 T hl .ink sh, l l nve st the funds on d posit .s CC'O t in c1i rec obli ti on f , o t g i ' ~i ons guara n t bv th( ... 18 •. • • ( ( • • • • United State s of Ameri ca, and shall fully secure any ca s h balanc e in said account in the manner required by law for othe r trust funds . Section 11. If for any reason, at any time, the funds on hand in such Refundinb Escrow Account shall be insuffi - cient to meet the payments required as the same shall be about to b ecom e due and payable , the City Council of the City shall fort hwith deposit in such Refunding Escrow Account such additional fun ds as may be required fully to meet the amount so about to become due and payable . Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escr ow Account, in sufficien t amounts so that the proceeds therefrom and the interest thereon as the same accrues will be suffi- cient to meet the interest requirements on the outstanding Issue s as such interest accrues, and to pay or call in and redeem said bonds at their respective maturities, according to the schedule hereinabove set f orth . S ct ion 13. The Mayor and Director of Finance of the City shall, and they are hereby authorized and directed to ake all necessary or approp riate ac ion toward the execution of a proper Escrow Agreement with the Bank concerning the d posi ~ · , i nvestments of and disbursement s from said Re - funding Escrow Account, and such other agreements as ma y be necessary or desirable to effec uate the prov!sions of this Ordinanc and comply with the r quirements of law . s~c ion 14 . On or abou the date when the refunding bon•I~ nre d liver d, or wi hin a r asonable time thereafter , ti Dir c or of Finance is au horized and direct d to pub- h d notice of L funding o e tlc n a newspap r publish d y 1 Th C1 • cov nt nd re tha ft i 11 d ~ th re fundin bond uthorlz d h r in wh c-io s o bi r , 19 ,, _ , .. • • I · II ( • • bonds within the meaning of Section 103(d) of the Internal Revenue .Code of 1954, as amended, and the Regulations pro- posed and in effect thereunder . Section 16 . That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the re- maining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17. All ordinances or parts thereof in confl ict with this Ordinance are hereby repealed. Section 18. After said refunding bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satis- fied and discharged . Section 19. This Ordinance, immediately on its final pass age, shall be recorded in the Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Director of Finance, ex-officio City Clerk, and shall be pub lished as required by law . Section 20 . This Ordinance shall take effect thirty (30) days after publication following final passage . INT RODUCED AS A BILL This 18th day of February, 1975 . ( S E A L ) ATTEST · Direc or o f Finance, x-of fici o City Clerk Mayor 20 •. • • , ( ( • • (To appear in final publication) FINALLY ADOPTED AND APPROVED This 3rd day of March, 1975. ( S E A L ) AT TEST : Director of Finance, ex-officio City Clerk Mayor 21 •. • • - - t ( ( • ( • • 0 • MEMORANDUM TO: Mayor and Members of Englewood City Council FROM: Andy Mccown, City Manager DATE : February 13, 1975 SUBJECT: HOUSING AUTHORITY APPOINTMENT When the Housing Authority of the City of Englewood was ortgtnally established in 1973, the terms of office were until February let of the five successive years in order to achieve overlapping terms on the Board. However, early in 1974, the State legislature passed an amendment to the Housing Authority enabling legislation which allowed for the Authority to be made up of appointees or to consist of the City Council itself. One of the effects of this action by the S1ate was to nullify previous appointments to Housing Authorities. For this reason on March 18, 1974, the City Council reappointed the members of the Housing Authority on Resolution No. G, Series of 1974. 'Ibis new resolution made the terms of omce run until July 1st of the five succeeding years. The net result of all of this is two-Cold. Flrst, Mr. Berry Slater's term of of!lce on th Housing Authority runs until July 1, 1975. Pemaps the Ctty Council should d fer ad cislon on a new appointment to the Authority until that time. Secondly, tayor Pro T m Vern Mann's appointment to the Authority was unUl July 1, 1974. No action to reappoint Mr. Mann or ftll the position otherwlae baa been undertaken. ouncU' coneld ration of this probably should be undertaken. I m nclo lng a copy of the last resolution appointing a full board. There baa been inc that Um a r lgnation by Herbert Ho aruia and an appointment of Mr. Maurie lcrlln. If ther ar any qu ttons cone ming this situation, I will be glad to • inc •r I , I • '~' /(/ ( ANDY MC WN t "'"' i M nag r AM C/p CC: B. V. B ra rdtnl, City Attorn y Tom Bumi, Chairman of th Houaing Authority Jlm upl r, Director of Community Dev lopmen.t .Loll Kocian, Aaatatant Dir ctor of Commlll:llty Development for Housln •. I . • I - • • 0 • RESOLUTION NO. 4 , SERIES OF 1974 A RESOL UTION CONFIRMING THE APPOINTMENT OF COMMISSIONERS TO THE HO USING AUTHORITY OF THE CITY OF ENGU:WOOD, COLORADO. WHEREAS, the 49th General Assembly of the State of Colorado repealed and reenacted, with amendments, certain sections of the Colorado Housing Authority's Law, specifically C.R.S. 69-3-5; and WHEREAS, the reenacted and amended sections provide that each local governing body i n the State must meet and appoint Commissioners to its Local Housing Authority in the manner provided by said amendment; and WHEREAS, one of the Conmissioners, heretofore pre- viously appointed, Mr. Wern e r P ~chnackenberg, has tendered his resignation from the Local Housing Authority, which was rece i ved by City Council February 19, 1974. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF Et«:;LE\il>OD, COLORADO, as follows: Section 1. That the res i gnation of COtllllissioner Werner D. Sc hnackenberg, he retofore submitted, is accepted by the Ma yor and City Council. S c t ion 2. 'nlat the Mayor a nd City Council of the City of En lewood, her by confirm the app ointment of Vernon M. Mann, pr viously m d by motion t th r gular Council Meeting of F bru ry 19, 1974. -1- • • - ( • • 0 I • • Se c tio n 3 . Th a t t he Ma yo r and City Council of the City of Eng lewood , hereby c on fi rm t he n ames, term of office and expir- ation of terms of sa id Ho us ing Authori t y Corranissioners as follows: Name Term o f Offi c e Ex~iration of Term Vernon M. Mann 1 ye a r July 1, 1974 Be rry Slater 2 years July 1, 1975 Tom Bu rns 3 years July 1, 1976 Betty Beier 4 ye a r s July 1, 1977 He r be r t R. Ho s a n nd 5 ye a rs July 1, 1978 Section 4 . Th at al l p r ev ious ac t ion on the part of the City Council of t he Ci t y of Eng ' '\;0 0~ ; c ht:reby ratified and con- f irmed. ATTEST: I ADOPTED ND APPROVED th s 18th day of March, 1974. d (it 1.J . , . ; \ k. l w f ... " MA YOR I cl r k -Tr ea u r r -2- r , x o fficio City Clerk-T aaur r lo rado, do h r eby c rtify that th cur ate and compl t copy o 1 o f 1974. •. • • ( • • 0 I • • MEMORAND U M TO: Mayor and Members oi "Englewood City Council FROM: A ;,dy McCown , 8 ttv Ma.nai;er DATE: January 15, 19 i 5 SUBJE.CT: A OOPTION OF , TE"\I Ul'l1 F Oil M CODES Enclosed h erew ith are the proposed Municipal Code changes which are included in the new code books as follows: Uniform Building Code, 1973 Edition, ICBO Uniform Mechanical Code, Hl7a Edition, ICBO Uniform Code for the Abaten1t>nt of Pange .-;:us Bulldings, 197:1 Edition, ICBO Uniform Plumbing Code, 1973 Edition, L.\P and MO National Electrical Code, 1975 E dition, N F PA These code books are available ln my office for your personal inspection if you wish to review them. New uniform codes are published every thr e years and we are now r dy to adopt the e codes. The action by Council would b to requ at an ordin!i.ncc b drawn up by the City Attorney to adopt th . codes. If ou hav an qu 'Stions relative to the • prop a s, e will be happy to di .1 s th m v.lth ou . Sine r •I , AMc /p En lo u • cc: am ptn r, Director of Community D v lopm t. B. V. B rudtnl, City Attorney • • ' - - • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~~-' SE RIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO , ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT . WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and dete r mines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation o f the District and the cons ructi on and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald Sentinel, a newspaper of eneral circulation in the City, and in addition, a notice has een mailed, pos age prepaid, to each known owner o f real property within the proposed District; and WHEREA S, at the time and place set forth in the notice, the City Council me in open session for the purpose of hearin any objections or protests hat migh b made agains the proposed district or the improvemen s to be constructed or installed; and WHEREAS, the following streets were deleted fro the list of streets to be improved: 1. South Acoma Street, from South aide or West Stanford Avenue to North side of West Tufts Avenue 2 . Sou h Emerson Stre , from South Si e of Eas Girard Avenue to Nor h side of Eas Hampden Avenue J. South Galapa o Street, from North aid~ of W st Oxford Av nue to Nor h ! J25 feet 4. South Pearl Stre t, from South side of Eaet Yale Avenue to North 1ide of East Amhers Avenue 17 •. • • , ....... • ~-, 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of t he District, shall be all the real property specially benefiJ.ed, and fronting or abutting on the streets between the termini hereafter described, including the real property within one half (1/2) block of such streets. Section 4. Description of Improvements. The kind of improvements and the streets on which such improvements shall be constructed or installed shall be as follows: 18 •. ' • • ' -• ,,,_ , 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface , concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South West side of South Zuni St. Tejon St. West Le how Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East side of South West side of South Zuni St. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. West Wa r ren Ave. FROM East side of South Tejon St. South side of West Yale Ave. East side of South Raritan St. South side of West Warren Ave. South side of West Harvard Ave. East side of South Tejon St. 19 TO West side of South Raritan St. North side of West Bates Ave. West side of South Pecos St. North side of West Iliff Ave. North side of West Yale Ave. West side of South Raritan St. . ' • • , - - • • • 3. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: ON FROM TO Sou t h Bannock St. South side of West North side of West Tufts Ave. Union Ave. Sout h Pearl St. South side of East North side of East Tufts Ave. Union Ave. S outh Washington St. South side of East North side of East Stanford Ave. Tufts Ave . 2 0 •. • • t ....... • Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,5 5 0.00; it is proposed that the City of Englewood will pay approximately $111 ,120 .00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be assessed per front foot .against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The f i rst of such ins tallments of principal shall be due and payable at suc h • time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are pa i d in full. The rate of interest to b~ paid on un p a i d and d e ferre d insta llme nts will be established by ordinance to be ado pte d by the Ci ty Council at a later date. Se c tion 8. Special Imp r o v eme nt Bonds. By virtue of a n d pursua nt to said laws and the Ch a rte r and the Muni ci p a l Code o f the C i ty, loca l i mprovement b on d s of the Ci ty shall b e issued for the pu r pose o f paying for the local improv ements d acrib d in thia Ordinance , in a n amount n ot to xc d the coa and xpens a of a d improv n ta , including ngin ring , legal and incidental xp n s a, as provid d by law. Th bonds shall b issued based upon estimat s approv d by t h e City Council, nd as authorized by n Ordin nee to b p ss d by the City Counc l at a l t r dat • Th ma x imum ra of inter s t on sp cial improv m nt bonds for Paving District No. 22, h al l not xc ed n i n e (9 ) p r c nt p r b p y bl OU nnwa. Th bonds and th int r st h r o n sh 11 of ap ci l to be l vi d against th r 1 pro r y nclud d h Dis rict nd s ci lly -2 1 - • • , - - • • • • benefited by the improvements to be con structed o r installed. Section 9. Notice to Construction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Tuesday, February 18, 1975. Section 13. Publication and Effective Date . This Ord inan ce, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effe c tive thirty (30) days after publication following final passage. Introduced, read in full and passed on first reading on t he J r d day o f February, 1975. Pub l i s hed as a Bill for an Ordinance on the 6th day of Febr uary, 1975 . Read by t i tle a nd p a ss ed on fi nal r ead ini on the 18th day of Fe ruary , 1975 . Published b y title as Or d i nance No. on the day of Feb r ua r y , 1975 . ATTEST: ex o(ficio City Clerk-Treasur e r 22 May o r -· Ser ies of 1975, • • • • • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio City Clerk-Treasurer • • , - • • RESOLUTION NO. ____ , SERIES .OF 1975 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATER BONDS OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE AMOUNT OF $ , DATED APRIL 1, 1975 . l'1HEREAS, the City of Englewood, Arapahoe County, Colo- rado (herein the "City") has outstanding $2,750,000 of its General Obligation Refunding Water Bonds, Series 1965, dated September 1, 1965, and $1,775,000 of its General Obligation Water Improvement Bonds, Series 1971, dated April 1, 1971; and l'1HEREAS, the City deems it necessary and desirable that said outstanding bonds described above be refunded by the is- suance of General Obligation Refunding Water Bonds, Series 1975, in an amount of $ ; and ·---- WHEREAS, the City Council has determined and hereby de- termines that it is advantageous and favorable to the City to refund said outstanding bonds; and WHEREAS, the Charter of said City requires that all bonds shall be sold to the highest and best bidder for each; and WHEREAS, it is necessary to advertise the proposed issue of refunding bonds for public sale; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD : Section 1 . That Notice of Sale of City of Englewood, Arapahoe County, Colorado, General Obligation Refunding Water Bonds, Serie s 1975, in the principal amount of $--~~~ b published once in the Englewood H rald not less han five days prior to the sale date, and that the sal of said bond sh 11 be h ld on Monday, March 3, 1975, a the offic of th Direc or of Financ , City of Englewood, Municipal Buildin . 3400 South Elati, Englewood, Colorado 80110, until 11 o'clock A.M. (M.D.S.T.), at which im h Ci y will r c iv al d bid t id pl c~. 2 • • , • • Section 2. Tha t said Notice of Sale shall be in substan- tially the following form: 3 "' -, .. • • - • • • • NOTICE OF SALE of GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975 IN THE AMOUNT OF $~~~~ of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO SELLING: MONDAY, MARCH 3, 1975, 11 :00 A.M ., M.D.S.T. The Director of Finance of the City of Englewood, Colo- rado will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati, Englewood, Colorado 80110 until 11:00 A. M. (M . D. S . T. ) on Monday, March 3, 1975, for the purchase of General Obli- gation Refunding Water Bonds, Series 1975, of the City, dated April 1, 1975, in the principal amount of $_·~~~~ The bonds shall be in the denomination of $5,000 each; shall bear interest payable on October 1, 1975 and semi- annually thereafter on the 1st day of April and the 1st day of October each year; shall bear interest and shall mature serially on October 1 as follows : Amount Maturity 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 Interest Rate Bonds of this issue maturing on or after October 1, 1983 shall be redeemable at the option of the City, in inverse nu- merical order, on October 1, 1982 and on any interest payment date thereafter, upon payment of par, accrued interest and a premium of 17. of principal. These bonds ar beinp, i sued for the purpose of refund- ing th City' $2,750,000 ou standing General Obligation R - funding W ter Bonds , Seri s 1965, dat d September 1, 1965, nd $1,775,000 outstanding General Obli~ation Water Improv ment Bonds, S ries 1971, dnt d Apr il 1, 1971, pursuant o th Ch r r of th City . 4 • • , • • • • Principal and interest will be payable at the First National Bank of Englewood, Englewood, Colorado. These bonds, in the opinion of bond counse l, are legal and binding obligations of the City of Englewo od, payable from general ad valorem taxes on all taxable property in the City without limitation as to rate or amount , and from the net revenues of the water system of the City. A cashier's check or certified check drawn on a bank or trust company, payable to the City of Englewood, Colorado in the amount of $60,000 must accompany each bid. The check of the successful bidder will be retained by the City as liqui- dated damages in the event the bonds are not taken up and paid for in accordance with the bid . Checks of unsuccessful bidders will be returned immediatel y. The interest rates on these bonds will be fixed by the City five days prior to the sale . The bonds will be awarded on the basis of the bid designating the highest amount of premium above par. No "B" coupons shall be allowed, nor shall discount bids be considere d. CUSIP numbers will be provi ded for these bonds at the request and expense of the successful bidder . The City will not be responsible for errors in such numbers. The bonds will be awarded to the bidder naming the lowest net interest cost to the City , ba sed on the full par amount of$ ____ _ a s advertised . The net interest cost is de- fined to be th total amount of intere st to accrue from the date of issu to the date of maturity, without regard to prior redemption provisions, less the total amount of cash premium bid. The pr rniurn must b paid in cash as a part of the pur- chase pric . Th prin d bond . a c rti fi J ran ript of 1 l pro- ccdings, nd th pp roving opinion of s rs . Tall dg . Tallmadg Wall c & Hahn, Attorn ys Law, D nv r, Colorado, will b furni h d at no xp ns 0 h purch r of aid boncl s • • ' ....... • • • • The City reserves the right to waive any defect or ir- regularity in any bid, and the right to reject any and all bids for the purchase of said bonds . Additional information concerning the City and this is- sue can be obtained from Mr . Karl Nollenberger, Director of Finance, Municipal Building, 3400 South Elati Street, Engle- wood, Colorado 80110, or from Hanifen, Imhoff & Samford, Inc., 1624 Tremont Place, Denver, Colorado 80202, the financial consultant to the City. BY ORDER OF THE CITY COUNCIL this 18th day of February, 1975 . 6 /s/ Karl Nollenberger Director of Finance En?lewood, Colorado • . • • • • Section 3 . That the City and Hanifen, Imhoff & Samford, Inc. may give such additional and further notice of sale of said refunding bonds as they may deem necessary and proper. RESOLUTION ADOPTED AND APPROVED This 18th day of Febru- ary, 1975. (SEAL) ATTEST : Director of Finance ex-officio City Clerk Mayor 7 , ' •. • • - • • • • lm'RODUCED BY COUNCILMAN ________ ;.. _________ _ AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $ , DATED APRIL 1, 1975, OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING AND PAYING OUTSTANDING CITY OF ENGLEWOOD GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1965, IN THE AMOUNT OF $2,750,000, DATED SEPTEMBER 1, 1965, AND GENERAL OBLIGATION WATER IM- PROVEMENT BONDS, SERIES 1971, IN THE AMOUNT OF $1,775,000, DATED APRIL 1, 1971; PROVIDING FOR THE ESTABLISHMENT OF A..~ ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF SAID OUTSTANDING BONDS; PROVIDING FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF THE NET REVENUES OF THE WATER SYSTEM OF THE CITY TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF THE REFUNDING BONDS AND IN- TEREST COUPONS TO BE ATTACHED THERETO; A..~D PRESCRIB- ING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, Colorado, o~ms, maintains and operated a municipal water system; and WHEREAS, by Ordinance hereto f ore adopted and approved by the City Council, the City has authorized the issuance of its General Obligation Refunding Wa ter Bonds, Series 1965, dated September 1, 1965, in the amount of $4,845,000 (herein referred to as the "1965 Issue"), of which there now remain outstanding of said issue of bonds the amount of $2,750,000, bein g bond s numb e red 420 to 969 , i nclusive , bearing interest p a yable s emiannua lly on June 1 and December 1 each year , and matu r ing De c ember 1 , as fol l ow s: Bond Num bers Amoun ts I nt erest Rate Years (All Inclus i v e ) Maturing (Per Annum) Maturing 4 20 -4 76 $28 5,000 3 .104 1975 4 77 -535 2 9 5 ,00 0 3 .157. 1976 536 -59 6 30 5,0 ~0 3 .15 4 1977 597 -657 305,0 00 3.20 7. 1978 6 58 -718 305,000 3.201 1979 719 -779 305,000 3.25'1. 1980 780 -841 310, 000 3.25'7. 1981 81+2 -904 315,000 3.307. 198 2 905 -969 325. 000 3. 301. 198 3 and \mEREAS, bond of this is u in h ye r 1975 ar bl at the option of •h City six months prior to h ir <lat upon pa n of p r nd ecru d int r st p} I pr miu of x 1 n ha' in • h ra Sp cifi d • • , • • in the coupons attached to the bond or bonds being called for redempti on; bonds maturing in the vears 1976 and there- after b ein g redeemable at the option of the City on Decem- ber 1, 1975, and on any interest payment date thereafter in inverse numerical order upon payment of par and accrued in- terest only; and WHEREAS, by Ordinance heretofore adopted and approved by the City Council, the City has authorized the issuance of its General Obliga tion l~ater Improvement Bonds, Series 1971, dated April 1, 1971, in the amount of $2,200,000 (herein re- ferred to as the "1971 Issue"), of which there now remain outstanding the a mount of $1 , 775,000, being bonds numbered 86 to 440, inclusive , bearing interest payable semiannually on April 1 and October 1 each year, and maturing on April 1 as follows : Bond Numbers Amounts Interest Rate Years {All Inclusive) Maturing (Per Annum) Maturing 86 -109 $120,000 3 .50% 1976 110 -135 130. 000 3 .50% 1977 136 -162 135,000 4.00% 1978 163 -191 145 ,000 4 .00% 1979 192 -221 150,000 4 .00'7. 1980 222 -253 160,000 4.40'7. 1981 254 -287 170,000 4.40'7. 1982 288 -322 175,000 4.407. 1983 323 -359 185 ,000 4 . 70% 1984 360 -398 195 ,000 4 .70'7. 1985 399 -440 210 ,00 0 4.80% 1986 and WHEREAS , bonds of this issue maturing in the years 1982 and thereafter ar redeemable prior to their respective ma- tu rity dat es at the option of th Citv, on April 1, 1981 and on any int res paymen da e th reafter, in inv rse numerical order, upon oaym nt of par, accrued interest and a premiUM of 17. of principal; and WHERE AS, th Ci y Council has d rmin d ha h OU - andinp, 1965 nd 1971 Is ues da ed Sept • b r 1, 1965 and April 1, 1971, r p ctiv ly, d scrib din h imc dia l y pr cedinp, par v.r ohs, can b r funded by h issu nee of • • • ' - • • • • refunding bond s in the principal amo un t of $ ____ _ thereby reducing total debt requir eme nts to be paid by the City, to th e benefit of the City a n d its inhabitants; and WHEREAS, the City has determin e d that it is necessary a t this time t o authorize the issua nce of General Oblig ation Refund i n g Wat e r Bonds, Series 197 5, i n the principal amount o f $. ___ _ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO : Section 1 . That for the purpose of refunding and paying the Ci ty's outstanding General Obl i gation Refunding Water Bonds , Series 1965, in the amount of $2,750 ,000, dated September 1 , 1965, and its General Obligation Water Improv e - ment Bonds , Ser ies 1971, in the a mo un t of $1,775,000, dated April 1, 1971 , the City shall i ssue its General Obligation Refunding Water Bonds, Series 1975 , i n the principal amount of $_. ____ , each to be des igna ted "G eneral Obligation Re fund i n g Water Bon d, Ser i e s 1 9 75". Th e b o nd s s h all b e d ated April 1, 19 75, a nd shall con- sis t of b on ds in t h e d e n o~ination o f $5,000 e a ch, n um b ered 1 to , inclusive, bearin g interest n ot to exceed 87. p er annum, payable on October 1, 1975 and semiannuall y t h ereafter on the 1st day of April and t h e lst day of October each year, and shall mature seria lly on October 1 a s follows : Amoun Maturity I n terest Rate 1 9 75 1976 1977 1978 1979 1980 1981 198.l 1983 1984 The p cific in bonds s hall b r , no xc ding th rat at d bov • sh 11 b fi x d b R so- lu ion of h Ci y Coun il on Mond y, rch 3, 1975, h d of public • 1 of s id R f un dinP. Bonds. • • , - • • • is • The n et e ffectiv e inte rest rate of this issue of bonds ~~~~% p e r annum . Bonds of this issu e maturing on or before October 1, 1982 shall not be redeemabl e prior to their respective ma- turity dates. Bonds maturing on or after October 1, 1983 shall be redeemable at the option of the City on October 1, 198 2 and on any interes t p a yment date thereafter, in inverse numerical order , upon payment of par, accrued interest and a premium of 1% of principal . The estimated period of usefulness of the property and improvements acquired or constructed with the proceeds of the bonds refunded by this issue is at least twenty-five (25) years . Th e bon d s and the interest coupons attached thereto shall be pay abl e in lawful money of the United States of America, at the First Nat i onal Bank o f Englewood, in Englewood, Colorado. Section 2. The bonds shall be sig ned with the facsimile s i gna t ure of the Mayo r o f t h e City , with a facsimile of the sea l of t h e City affix ed t h e r e to , and attested and counter- signed b y the manua l signa t ure o f the Director of Finance, ex-official City Clerk-Treasu rer of the Ci ty . The int e re s t coupons attached to sa i d bond s s h all b e ar the f a c simile sig - n ature of the Director of Fin a n ce, a nd wh e n i s sued as afore - said as part of said bond s, sha l l b e the binding obligation s of t h e City according to their im p ort . Shoul d any of f icer whose manu a l or facsimi l signature appear s o n s ai d b ond s or the int r s c oup o n s a ttached th reto cease to b e such o ffi- cer befor deliv ry o f h bond s o the purchaser, s u c h m nual or fac imil na tur s h a l l n v rthe les s be val i d and suffici n for all purpos Th b~nd inter t coupons ch d th re t o h 11 b in 11 h follo in form : • • , - • • • (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE No. CITY OF ENGLEWOOD GENERAL OBLIGATION REFL'NDING WATER BOND SERIES 1975 $5,000 The City of Englewood, in the County of Arapahoe and State of Colorado, acknowledges itself indebted and hereby promises to pay to the bearer hereof, the principal sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of October, 19 with interest thereon at the rate of annum, payable on Octob er 1, 1975 and semiannually there- after on the 1st day of April and the 1st day of October each year, both principal and interest being payable at the First National Bank of Englewood, Englewood, Colorado, upon presentation and surrender of said coupons and this bond as they severally become due . Bonds of this issue maturing on or before October 1, 1982 shall not be redeemable prior to their respective ma- tur ity dates . Bonds maturing on and after October 1, 1983 are redeemable prior to maturity at the option of the City ; in inverse numerical order, on Oc t ober 1, 1982 and on inter- es payment dates thereafter, upo n payment of par, accrued in rest and a premium of 1% of p~incipa l . This b ond is issu d by th e City Council of the City o f Engl wood, Colorado for t he pur p se of providin~ funds wi h which o r fund and pay outstandin~ r. n ral Obligation Water Bond of th City, und r th au hori v of and in full con- fonnity with th Con ti ution of th St te of Colorado, th Char r of id City, and pursuan: o an Ordinance duly dupt d, puhli h d nd m d 8 la~ o said Ci y prior o th i su.nc~ of hi bond. 1 ,,, _ , • • , - • • • It is hereby certified and :-ecited that all the require- ments of law have been duly complied with by the proper offi- cers of the City in the issuance of this bond; that the total debt of the City, including that of this bond, does not ex- ceed any limit of indebtedness prescribed by the Constitution or laws of the State of Colorado or the Charter of the City; and that provision has been made for the levy and collection of an annual tax on all of the property in the City, and for the application of the net revenues of the municipal water system of the City, sufficient to pay the interest on and principal of this bond when the same become due. The full faith and credit of the City of Englewood, Colorado are hereby pledged for the punctual payment of the principal of and interest on this bond . IN TESTIMONY WHEREOF, the Ci ty Council of the City of Englewood, Colorado has caused this bond to be signed with the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested and counter- signed by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer, and the interest coupons attached hereto to be signed with the facsimile signature of the Director of Finance, as of the 1st day of April, 1975. (FACSIMILE SEAL) ATTESTED AND COUNTERSIGNED : (Do Not Si.gn) Dir ctor of Finance Mayor • • • , ....... • • (Form of Interest Coupon) No . $~- April On the 1st day of October, 19 , unless the bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer hereof the amount shown hereon, in lawful money of the United States of America, at the First National Bank of Englewood, Englewood, Colorado, being interest then due on its General Obligation Refunding Water Bond, Series 1975, dated April 1, 1975, bearing No. (Facsimile Signature) Director of Finance 15 •. • • , - • • • • Section 3 . When said refundin g bonds hav e been duly executed, the Director of Finance is hereby directed to deliver the bonds to the purchaser thereof on receipt of the agreed purchase price therefor . The proceeds of the bonds shall be used only for the purpose stated herein, and for paying the costs and expenses incurred incidental to the issuance of said bonds and for no other purpose whatever . Neither the purchaser of said bonds nor the subsequent holder of any of them shall be responsible for the applica - tion or disposal by the City or any of its officers of any of the funds derived from the sale thereof. Section 4. For the purpose of paying the interest ac- cruing on said refunding bonds pr om ptly as the same thereafter becomes due, and providing for the ultimate payment and re- demption of said bonds, there shall be levied upon all of the taxable property in the City, in addition to all other taxes, direct annual taxes in each of the years 1975 to 1983 , inclu- sive, sufficient to pay the interest on and principal of the bonds as the same become due and payable, respectively . Section 5 . Said taxes, when collected, shall be deposit- ed in a special fund to be known as "City of Englewood General Obligation Refunding Water Bond Fund, 1975", and the proceeds derived from said taxes s hall be applied only to the payment of necessary costs and expenses of operating and main- taining the water system and to the payment of the interest and pr i n c ipal of the refunding bonds authorized herein, and for no o t h er pur pos e whatsoev r, unt i l the indebtedne s s so contracted pursuan t t o thi s Ordi nanc e, bo th p r i n c ipal and i nterest , shall hav b en fully paid, satisfi d and discharge d. No h inp. h e r - in contain d h ll b so construed as t o pr v en th City from pplyin ny 0 h r fund or re v nu t ,, y b in t h Ci y tr s u ry nd av ilabl for that purp os e 0 t h paym nt o f id ln n d princip 1, as the s m r s p ec i v l y a e cru or mntur ' nd upon uch p 1 v o r 1 vi s h r i n pro- vid d m t h r upon 0 ha •x nt b dimi n ish d . 16 •. • • I - • • Section 6 . The sums herein provided to pay the inter- est on said refunding bonds, and to discharge the principal thereof when due, are hereby appropriated for that purpose, and said amounts for each year shall also be included in the annual budget and appropriation Ordinance and bills to be adopted and passed by the City Council of said City in each year, respectively, until said refunding bonds have been fully paid, satisfied and discharged. Section 7. Notwithstanding the foregoing provisions for tax levies, the City hereby further covenants and agrees to establish, maintain, collect and enforce a schedule of rates, fees, tolls and charges for connection to and use of the water system of the City, which schedule shall be sufficient to assure that the revenue thereby produced, together with any other funds which may be lawfully available, and the pro- ceeds of general ad valorem taxes, shall pay all reasonable costs and expenses of operating and maintaining the water system and to pay the interest and principal of the General Obligation Refunding Water Bonds, Series 1975, herein author- ized, promptly as the same become due and payable, respec- tively,. Section 8 . It shall be the duty of the City Council of said City, annually, at the time and in the manner provided by law for levying other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry out the provi ions hereof with reference to the l e vy i n g a n d collec t i on o f taxes ; and the City shall levy, c ertify and collect s u c h t ax s in t he manner provid d by l a w for the purpos of creating a f u nd f o r t h e p aVMe n o f h e cos nn<l xp n s of op ra ing and main a in in~ th wa r m, nd th nt of h principal of h e b o nd nd in- t r t th r on, nd such tax wh n coll ct d hall b k p for nd appli d only for au h purpos . s h r i n b o v pe i- i d . 17 • • • ,,_ , - .. • • • ' • - - • • • Section 9. The proceeds derived from the sale of the refunding bonds authorized herein, in an amount not less than $ , and the accrued interest on the bonds being refunded, shall be deposited with (he:Feinafter de signated the "Bank") , in a separate fund and escrow account hereby created and known as the "City of Englewood General Obligation Water Bonds, Series 1965 and 1971, Escrow Account", herein designated as the "Refunding Escrow Account" or "Escrow Account", which account shall be at all times sufficient, together with any interest to be -derived from the investment and any temporary reinvestment of the deposits, or any part thereof, in direct obligations or ;.gency obligations of, or obligations guaranteed by the United States of America, to pay the principal of and inter- est on the outstanding issues to be retired, at their respec- tive maturities, as follows: 1965 Issue: Bonds numbered 420 to 969, inclusive, maturing in the years 1975 and thereafter, shall be paid and retired at their respective maturity dates, at the First National Bank of Englewood, in Englewood, Colorado , according to their original terms . 1971 Issue: Bonds numbered 86 to 440, inclusive, maturing in the years 1976 and thereafter, shall be paid and retired at their respective maturity dates, at the First National Bank of Englewood, in Englewood, Colorado, according to their orginal terms. Interest on the outstanding bonds of the 1965 and 1971 Issues shall be paid as the same accrues, according to the orig inal terms of said bonds, until said bonds mature . Section 10 . The B nk shall invest th funds on deposi in the Refundinp, Escrow Account in dir ct oblig ions of, Ag ncy obligations of. or obliga ion gu rant d by h 18 • • ....... • • • • United States of America, and shall fully secure any cash balance in said account in the manner required by law for other trust funds. Section 11. If for any reason, at any time, the funds on hanu in such Refunding Escrow Account shall be insuffi- cient to meet the payments required as the same shall be about to become due and payable, the City Council of the City shall forthwith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet the amount so about to become due and payable . Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account, in sufficient amounts so that the proceeds therefrom and the interest thereon as the same accrues will be suf fi- cient to meet the interest requirements on the outstanding Issues as such interest accrues, and to pay or call in and redeem said bonds at their respective maturities, according to the schedule hereinabove set forth . Section 13. The Mayor and Director of Finance of the City shall, and they are hereby authorized and directed to take all necessary or appropriate action toward the execution of a proper Escrow Agreement with the Bank concerning the deposits in, investments of and disbursements from said Re- funding Escrow Account, and such other agreements as may be necessary or desirable to effectuate the provisions of this Ord i nance and comply with the requirements of law . Sect ion 14 . On or about th e date when the refunding b on ds a r e d e l i v ere d , or wi thin a reasonable time thereafter, t h e Di r ector of Fin ance is a u h orize d and d i r ec ted to pub - lish a notice of r funding one time i n a newspaper pub l ish ed in the Ci y . S ction 15 . m k no us of th h r in whi~h mir,h The City cov nants n d agrees t h it will proceeds of the r f un din g bond s a u t h orized cau c such o lir,ntions to b r b itr g 19 •. • • , • • bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, and the Regulations pro- posed and in effect thereunder . Section 16 . That if any one or more sections or parts of this Ordinance shall be adjudg ed unenforceable or invalid, such judgment shall not affect, impair or invalidate the re- maining provisions of this Ordinance, it being the intention that the various -provisions hereof are severable. Section 17. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18. After said refunding bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satis- fied and discharged. Section 19 . This Ordinance , immediately on its final passage, shall be recorded in the Book of Ordinances kept for that purpose , authenticated by the signatures of the Mayor and Director of Finance, ex-officio City Clerk, and shall be published as required by law. Section 20 . This Ordinance shall take effect thirty (30) d a ys after publication foll ow ing final passage . INTRODUCED AS A BILL This 1 8th day of February, 1975 . ( S E A L ) ATTEST : Director of Finance, x-of ficio City Clerk Ma yor 20 - • • • • (To app ea r in final publica tion) FINALLY ADOPTED AND APPROVED This 3rd day of March, 1975. (SEAL) ATTEST : Director of Finance, ex-officio City Clerk Mayor 21 • • t • • INTRODUCE D AS A BILL BY COUNCILMAN SOVERN. BY AUTHORIT Y ORDINANCE NO. __ , SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO , ORDERING THE CONSTR UCTION AND INSTALLATI ON OF STREET PAVING, CURB AND GUTTER AN D SIDEWALK IMPROVEMENTS; PROVIDING FOR THE IS UANCE OF BONDS IN PAYMENT FOR SAID IMPR OVE- MENTS; PROVIDING FOR NOTIC E TO CONTRACTO RS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the St ate of Colorado , hereby finds and determines that there exists a necessity for the creation of Paving District No. 22 , in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as order ed by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estim at es of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvemen ts therein has been publish ed once a week for three consecutive weeks in the Englewo o d Herald Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the pro )'os ed District; and WHEREAS, at the time and place set forth in the notice, the City Cou cil met in open session for the purpose.of hearing any objections or pro sts that might be made against the proposed distr i o r he improvements to be const ructed or installed; and WHEREAS, the ollowing streets were deleted from the list of streets o be improved: 1. Sou h Acoma Stree , from South side of We st Stanford AvP nu e to No rth side of West Tufts Avenue I.. o h Emf'r veonu o treet , from South Side of !ast Girard o r th s1 f' of Eas Hampden Avenue , fro m North side of West Oxf ord 25 fee ;, fro m South side of as Yal Av nu s Anh erst Avf'nue 17 •. • • , - • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all or the details, specif!- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary or the District, shall be all the real property specially benetf.ted, and fronting or abutting on the str eets between the termini hereafter described, including the real property within one half (1/2) block or such streets. Sec tion 4. Des c ription of Improvements. The kind of impro vements and the streets on which such improvements shall be constructed or installed shall be as followa: 18 ,,,_ , . , • • ( ( • • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lehow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East · ide of s .-1 West side of South Zuni . t. Tejon St • West Harvard Ave. East side of Soutb West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON We st Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. We st Warren Ave. FROM East side of South Tejon St. South side of West Yale Ave. East side of South Raritan St. South side of Weat Warren Ave. South side of Weat Harvard Ave. Eas side of South Tejon St. 19 TO West side of South Raritan St. North side of West Bates Ave. West side of South Pecos St. North side of West llit'f Ave. North side of West Yale Ave. West side of South Raritan St. • • • • ( J. Necessary preparation of present surface, overlaying of same with two-inch asphalt ic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following st reets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 • . ' • ' • • - ·'- ( • • • • Secti on 5 . Im p rovements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and speci ficat i ons. Section 6 . Assessment of Costs. The probable total cost of the im provements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120 .00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be ~ssessed per front foot .against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole coat of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to b~_paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date. Section 8 . Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements describ d in this Ordinance, in an amount not to exceed the cost and xp ns s of sa d improv ments, including enqin ring, ntal exp ns s, as provid d by l aw . The bonds legal and inc id shall b ·ssued and as a u h o ru a lat r dat . ba ed upon estima e approved by the City Council, d by a n Ordinanc to be passed by th• City Council t The m ximum r of interest on special improvement b o nds for Paving o istr~ct No. 22, shall not exceed nine (9) p r cent p r nnUJI'\. Tho bonds and th interest thereon shall b pay bl out of special ass sament• to be levied against the r 1 property included within the District and specially -21 - • • t - ( • • benefited by the improvements to be constructed or installed. Section 9. Notice to Construction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance sha l l be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Tuesday, February 18, 1975 . Section 13. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (JO) days after publication following fina l passage. Introduced, read in full and passed on ~irst reading on the J rd day o f February, 1975. Published as a Bill for an Ordinance on the 6th day of F e br ua r y, 1 97 5 . Re ad by t i tle and pas s ed on final readin1 on the 18th day of February , 1975. liah d b y ti le a a Ordinance No. ~' Series o f 1975, o n e d a y o f Febr uary, 1 9 75. AT TE~T : e x of f i c i o City Cle rk-Treaaur e r 22 Jlayor • • , • • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio city cierk-Treasurer -23 . . •. • • , - • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~~-' SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE IS SU ANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHE RE AS, the City Council of Englewood, Colorado, pursuant t o the Charter and the Municipal Code of the City, and the Laws of the St ate of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consec u ive weeks in the Engl&wood Herald Sentinel, a newspaper of general c ircula t ion in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the pro pos ed District; and WHEREAS, at the time and place aet forth in the notice, the City Council met in open session for the purpose.of hearing any objec ions or protests that mi1ht be made against the proposed distr ic o r the improvements to be constructed or installed; and WHEREAS, the following streets were deleted from the lis t of streets to be improved: 1. South Acoma Street, from South aide of Wes t Stanford Avenue to North eida of We et Tufte Avenue 2. outh Emerton traa , from South Side or !aet Girard Avenue to North aide of !ae Hampden Av nue So t .al Av nue to pa o Stree , from North aide or We et Oxf ord o rth ! 325 feat 4. So th P ar' Stra t, from South aide or !aat Yale Avenu •o ~t aide of Ea• Amherst Avenue 17 •. • • • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specif!- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundarz. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefi,,ted, and frontin~ or abutting on the streets between the termini hereafter described, including the real property within one halt (1/2) block of such streets. Section 4. Description of Improvementa. The kind of improvements and the streets on which such improYementa ahall be c o nstructed or installed shall be aa follows: 18 . ' •. ' • • ' • -•. • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already ins t alled; together with appurtenances and incidentals on the f o llowing streets and avenues: ON FROM TO West Baltic Ave. East s ide of South West side of South Zuni St. Vallejo St . West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lehow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East r ide of s ~, West side of South Zun i 't. TeJon St. West Harvard Ave. East side of South West side of South Zuni St. TeJon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete 1urface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. !aat side of South West aide o f South Tejon St. Raritan St. South Elati St. South aide of West North aide of Weit Yale Ave. Bates Ave . We st Harvard Ave. alt aide of South West 1ide of o uth Rari an St. Pecos s South Raritan St. South aide of Wut North aide of It Warren A•e . Iliff Ave . South Raritan St. South aide of We at North aide of e1t Harvard A•e. Yale AYe. We st Warren Ave. East aide of South We at aide Of South Tejon St . Raritan St. 19 • , . , • 0 - • • • • 3. Nece ssa r y preparation of present surface, overlaying of same with t wo-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following st reets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 •. ' • • , ' --~ • • Section S. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be ~ sessed per front foot .against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installment• of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to b~ paid on unpaid and deferred install111ent• will be established by ordinance to be adopted by the City Council at a later date. Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Code of the City, local improvement bond• of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the ost nd xp nses of said improve nta, including engineering, egal and incidental expens a, aa provided by law. The bonds hall b issu d based upon estimates approved by the City Council, 11\d as autho riz d by n Ord i n nc to be passed by the City Council a t 1 1 t r date. The maximum r t of inter at on special improvem nt )Onds for Paving Distri ct No. 22, shall not exceed nine (9) ?er cent p r annWll. Th bond• and the interest th reon shall 0 p y ble out of ap cial ass •• nt• to be levied against th real prop r y includ d within the District and specially -21 - • • , ........ • • • benefited by the improvements to be constructed or installed. Section 9. Notice to Construction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Cha r ter or the City and by the Municipal Code, which ad ve r- tisement may run concurrently with the publication of this Ordinance . Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will conf er a special benefit upon the property wi thin th e District and a general benefit upon the City as a who le. Section 11. Severebility. That if any one or more sections or parts of this Ordinance sh 1 1 be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisi o ns of this Ordinance, it being the intention that the various provisions hereof are severable . Section 12 . Hea ring. In accordance with Section 40 or he City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, a ?:JO P.M. on Tuesday, February 18 , 1975. Section lJ. Publication and Effective Date. This Ordinance, after its f inal passage, shall be numbered and recorded, and the adoption and publication shal l be au henticated by the sig n ature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and b y t he Ce r tif icate of Publication. This ordinance shall become effe ive thirty (JO) daye af er publication fo llowing fin al pas s age. I n reduced, r ad in full and pasaed on ~irst reading on he Jr d d y o f February, 1 97,, Publia he d aa a Bill for an Ordinance on the 6th day of Febr a r y, 19 '· Re ad b i l e and pa sa ed on final reading on the 1 8th d ay of Fe r ary, 197,, •h•d b y ti a a Ordinan c e o . ~· Serie a o f 1 9 7,, a y o f Fe b r ua y, 19 Ua yo r e x orf1c1o C1 y Cl erk·Trea1u rer 22 • . • • , • 1.., I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio city cierk-Treasurer -2J . ' - \ • • • I-----• INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. __ , SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO . 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FO R NOT ICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTI ON WITH THE DIS TRICT. WHE RE AS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the St ate of Colorado, hereby finds and determines that ther e exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estima t es of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvemen s t herein has been published once a week for three consecutive weeks in the Eng l ewood Herald Sentinel, a newspaper of genera l circula t ion in the City, and in addition, a notice ha s been mail e d , p o stage prepaid, t o each known owner of real property within the p r opos ed District; and WHEREAS, at the time and place set forth in the notice, the City Cou n cil me in open session f o r the purpose .of hearin any o ec ions o r pr ot ests that might be made against the proposed istric o r h e impr o vements to be constructed or installed; and ~HERE A S , t h e f ollowin s treets were deleted from the list o f st r . ts to be im pr o v ed: 1. Sou h Acoma str eet, from Sou th a id o f We s Sta n f o r d Av~nu to orth s i de o r We st T uf ts Avenue J. • .tree , from Sou th Side o f !a • Girard h ftide o f !as Ha pden Av enu l" ... tre ide o r 1'7 No r th a id o f est Ox ford ou h aid or a t Yal Avenu Av nue •. • • - • -• • Crta 5. West Cornell Avenue, from Ea st side o f S outh Tejon Street to East side of South Sho s hone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefiJ:.ed, and fronting or abuttin& on the streets between the termini hereafter described, including the real property within one half (1/2) block of such streets. Section 4, Description of Improvements. The kind of improvements and the streets on which such improvement• ehall be constructed or installed shall be as followe: 1 8 • • , ' • • • ,,._ , 1. Necessary grading and excavation, paving with 6 11 compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East 'ide of s,.., West side of South Zun:I t. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8 11 compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. We st Warr n Ave. FROM East side of South Tejon St. South aide of West Yale Ave. East aide of South Raritan St. South side of West Warren Ave. South side of West Harvard Ave. East aide of South Tejon St. 19 TO West aide of South Raritan St. North side of West Bates Ave. West side of South Pecos St. North aide of West Iliff Ave. North aide of West Yale Ave. West aide of South Raritan St. •. - \ • J, Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following s treets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. S outh Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 ;-, • • I - ·'- • • • Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said imp r ovements to be in accordance with such maps, plans and s p e c ifications. Section 6 . Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120 .00 ; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be ~s sessed per front foot .against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The f i rst of s uch i nstallments of principal shall be due and payable at s uch t ime as will be determi ned in the assessing ordinance and the remainder of sa i d installments shall be due and payable succe ss i vely on the same day in each year thereafter, unti l al l are pa i d i n full. The rate of interest to b~ paid on unpai d and deferr ed i nstallments will be established by ordinanc e to b e a dopted by the Ci ty Coun ci l at a later date. ' Section B. Special Imp r o v eme nt Bond a. By virtue o f a n d pursuant to sa i d laws and t h e Charter and t he Mun icipal Code of the City, loc a l improvemen t bond s of the Ci ty shall be issued for the purpose of paying for the local improvements descr ibed in thi Ordinance, in an amount not to exceed the cost and xpens s of said improvements, including engineer ing, legal and incid ntal exp ns c s, as provid d by law. The bonds shall b isr.ued based upon stimates approved by the City Council, and as authori zed by n Ordinanc to be passed by the City Counc l at lat r dat • The m ximum ra c of inter at on special improvem nt bonds for Paving Di trict No. 22, shall not exce d nine (9) per c n p r nnWll. The bonds and the interest thereon shall b p y ble out of special ass ssrnent1 to be levi d against the re l prop rty included within the District and 1pecially -21 - • • , - ( • • • benefited by the improvements to be constructed or installed. Section 9. Notice to Construction Bid d ers. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more secti ons or parts of this Ordinance sh 11 be adju dged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Tuesday, February 18, 1975. Section 13. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adopti on and pu lication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall becom e effective thirty (JO) days af t er publication following final passage. Introduced, read in full and passed on Iirat reading on he Jrd day of February, 1975. Pu l i1hed ea a Bill for an Ordinanc e on the 6th day of Febr ary, 197). Read by title and paeaed on final readinc on the l th day of ebru1&ry, 197,. l h ed by ti 1 ae Ordinan o 1 No. on •Y of ~ebrua~y, l 5. x off cio Ci 1 Cltrk-Tr a1ur1r 22 Ua yo r -· Seriu of l9n, • • • I 1 ( I - I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~' Series of 1975. ex officio city cf erk-Treasurer -2) • ' • • -• INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. __ , SERIES OF 1975 AN ORDI NANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTO RS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHER EAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipa l Code of the City, and the Laws of the St ate of Colora do, hereby finds and determines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creati on of the District and the construction and installation of the improvements the rein has been published once a week for three co nsecutive weeks in the Englewood Herald Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, pos age prepaid, to each known owner of real property wi bin he prop os ed District; and WHERE AS, at the time and place set forth in the no ice, the City Council me in open session for the purpose .of hearin any o Jee ions or pro eats hat mi ht be made acainst the proposed t•\ distric or the improvemen s to be constructed or in1talled; and • WHEREAS, the follo wi n streets were deleted fro the list of s reet to be i proved: 1. Sou h Acoma Stree , fro South •id• of Weit Stanford Av~nue o North 1id1 of We•t Tuft• Avenue o h !merso. Street, from South Side of !a• Gi rard Avenue to Nor h side o f !a• Haapdan Avenue , lapa o Str e , fro• North eida of Weit Oxfor d Avenue Lo h ! 125 fee 4. So h Pearl wtreet, from South 1id o f a1 Yale Aven ue o ~t! aid• of East A beret Avenue 17 .. • • , l • • • 5. West Cornell Avenue, from East side o f South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pe~os Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specif!- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundarz. The extent or the District to be assessed for the coat of the improvements and the area to be included within the boundary ot the District, shall be all the real property specially benef~ed, and trontin~ or abutting on the streets between the termini hereafter daacribad, including the real property within one half (1/2) block or •uch •treets. Section 4. Description of Improveaant1. The kind ot improvements and the streets on which such iaproYaaent• shall be constructed or installed shall be as follow•: 18 . ' • • l • •• • _n .91 w 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the const ruction, installation or improvement of the improvements hereinafter described, is hereby created and established in a ccordance with the Charter and the Municipal Code of the City, and the La ws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in co nnection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together wi th all of the details, specif!- cations, estimates, maps and schedules the reto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefi,,ted, and fronting or abutting on the streets between the termini hereafter described, including the real property within one half (1/2) block of suc h streets. Section 4. Description of Improvements. The kind of improvements and the streets on which auch improvements shall be constructed or installed shall be as fol lowe: . ' •. .. • • ' • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East s ide of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lehow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. Eas t r ide of Sr-1 West side of South Zun i 't. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. West Warren Ave. FROM East side of South Tejon St. South side of West Yale Ave. East side of South Raritan St. South side of West Warren Ave. South 1ide of West Harvard Ave. East 1ide of South Tejon St. 19 TO West side of South Raritan St. North side of West Bates Ave. Weet side of South Pecos St. North side of West Ilirf Ave. North side of West Yale Ave. Weit side of South Raritan St. • • , ( ' • • J. Necessary preparation of present surface, ov erlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following stre ets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 ' • • • • Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said i mprove ments to be in accordance with such maps, plans and speci f i cati ons. Section 6. Assessment of Costs. The probable total cost of t he improvements to be constructed or installed is $880,5 50.0 0 ; it i s proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the p ro perty within the district and spec i ally benefited by the construction and installation of the improvements. The approx i mate sha r e of the total cost .to be ~ s essed per front foot .against any lot or tract of land front ing or a b Jttinq on said improvements wi l l be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein b y specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole coat of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time a s wi ll be determined in the assessing ordinance and the remainder of said i nstallments shall be due and payable succe ssively on the same day in each year thereafter, until all are pa i d in full. The rate of interest to b~_paid on unpaid a n d d e ferred installments will be established by ordinance to b e ado pted by the Ci ty Counc i l at a later date. ' Se ction 8 . Spec ial I mprovement Bonda. By virtue of and pursuant to said laws and the Charter and the Munic i pal Code of the City , local i mprove me n t bonds of the City shall be issued for the p u rpose of paying for t he local i mproveme n ts described in this Ordinanc , in an amount not t o e xceed the co t and xpenses of said improvemen ts, including e ng in ring, legal nd incidental exp nsos, as provid d b y law. The bonds shall be issued based upon estimates approve d by t h e City Council, and as a uthori zed by n Ord i nance to b pas sed b y the City Co uncil at a l ter date. Th maximum r t of inter at on s pe c i al improv ment bond for P ving Di tric t No. 22, s ha ll n ot exceed ni ne (9 ) per c n p er nnurn. Th bonds and the interest t he r eon s h all b p y bl out of ap cial ass ssm nta t o b e levi d a g a i n st th r al prop rty included within the District and specia l ly -2 1 - • • ' • ~-... -·--· .-.. • benefited by the improvements to be constructed or installed. Section 9. Noti ce to Const ruction Bidders. The Mayor and the Director of Finance a re hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. Genera l Benefits. The City Council hereby finds and determines that the impr o vements proposed to be constructed and installed will confer a sp ec ial benefit upon the property within th e District and a general benefi upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance sh a :l e a dj u d ged unenforceable o r inval i d , such judgment shall n o t affect, impair or invalidate the remaining pr ovisions of this Ordinance, it being the in t ention that the various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance , before final passage, at 7:30 P.M. on Tuesday , February 18 , 1975. Section lJ. Publication and Effective Date. This Ordinance, after its final passage, shall be n umbered and recorded, and the adoption and publication shall be authenticated by the signature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, a n d by h e Cer t ificate of Publication. This ordinance shall becom effective thirty (JO) days after publication following final passage. I ntroduced, read in full and passed on !irst reading on he Jrd d ay o f February, 1 975. Publ i s h d 1 1 a Bill for an Ordinance on the 6th day of F e bru a r y, 19 7~. Read y titl e and p1s 1 1 d o n final readin& on the 18th day of F br ary , 1975. by ttle a1 Or di n a n e o . ____ , Seri11 o r 197", 0 iay o P'e brua v, l Q ,. A T T: ex o ffi c i o City Cl rk-Tr a1urar 22 Ua o r •. • • • ' • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~--' Series of 1975. ex officio city cierk-Treasurer -2) • • , • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~' SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the St ate of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and ;-, WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the propose d District; and WHEREAS, at the time and place set forth in the notice, the Ci y Council met in open session for the purpose .of hearing any objec ions or proteats that might be made against the proposed ~ distric o r he improvements to be constructed or installed; and HEREAS, the following st reets were deleted from the list of streets to be improved: l. 2. ). Sou h Acoma Stre t, from South side of Wes t Stanford Avenue to North aid• of Wea t Tuft• Avenue South !meraon Street, from South Side of !aat Girard Av~nue o North aide of !aat Hampden Avenue Sou ~ G lapa o S reet, from North aide of We et Oxford Avenue to N c ~th ! 32~ f et 4. Sou t o Pearl Street, from South aide or !aat Yale Avenue aide of !aat Amherat Avenue 17 •. • • ' • • • 5. West Cornell Avenue, from East side of S o uth Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specif!- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District t o be a s sessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefiJ.ed, and fronting or abutting on the streets between the termini hereafter described, including the real property within one half (1/2) block of 1ucb 1treets. Se tion 4. Description of Improvement1. Th• kind of i mpr o vements and the streets on which such impro••••nt1 shall be constr uc ted or installed shall be as follows: 18 •. • • , • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East ide of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South West side or South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East r ide of S r1 West side of South Zun :I t. Tejon St. West Harvard Ave. East side or South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. West Warren Ave. FROM East side of South Tejon St. South aide or West Yale Ave. East side or South Raritan St. South side or Weat Warren Ave. South aide or West Harvard Ave. East aide of South Tejon St. 19 TO West side of South Raritan St. North side of Wes t Bates Ave. West side of South Pecos St. North aide of West Iliff Ave. North aide of West Yale Ave. Weat aide of South Raritan St . •. ' • • .. • • 3. Necessary prepara t ion of present surface, o verlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following stre ets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave . South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave • 20 • • ·'- • • • • Section S. Improvements Authorized. The construction or installation of the street pavinq, curb and qutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Enqineer and approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be ~ sessed per front foot .against any lot or tract of land fronting or alJJttinq on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment aqain•t his or her property within said thirty (30) days, then the whole cost of the improve- ments so assessed aqainst such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessinq ordinance and the remainder of said installllents shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to b~_paid on unpaid and deferred install .. nta will be established by ordinance to be adopted by the City Council at a later date. ,. . ~ • Section I. Special Improvement Bonda. By virtue of • and pursuant to said laws and the Charter and the Municipal Cod of the City, local imp rov ment bonds of the City shall be iaau d for the purpose of paying for the local improvements deacr bed in this Ordinance, in an amount not to exceed the cos and xpenaea of said improvements, including engin ring, legal and inc d ntal expena a, •• provid d by law. The bond• shall issued baa d upon stimatea approved by the City Council, and as authoris d by n Ord nance to be passed by the City Council At a l ter date. Th m ximum r t of inter st on special improvement bond• tor Paving District No. 22, shall not exce d nine (9) p r e n p r annua. The bonds and the interest thereon shall bl• out o a cial a•• •• nt• to be levied against r l pro r y nclud d w thin th District and specially -21 .. • • f • • • • benefited by the improvements to be constructed or installed. Section 9. Notice to Constructi on Bidders. The Mayor and the Director of Finance are hereby authorized to adver tise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tis ement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby fin ds and determin es that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of thi s Ordinance shall be ad j udged unenforceable or invalid, such judgment shall not affe ct, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:JO P.M. on Tuesday, Februar y 18, 1975. Section lJ. Publication and Effective Date. Thia Ordinanc e, af er its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by he Cer ificate of Publication. Thia ordinance shall become effec ive hirty (JO) days after publication folloY1ng fina l passage. Introduced, read in full and passed on ~irat readini on he Jrd day of February, 1975 • Published as a Bill for an Ordinance on the 6th day of Februar , 1075. Read by title and passed on final readini on th 1 th day or Fe ruary, 1975 . o n TT I: u orr P l ilhed by 1 le as Ordinance No. day or Februar I 19 ltrk-Treaaurer 22 Ila or _, S riu of 197 , • ' • • ' • • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio city cf erk-Treasurer -2J . . • • , f - • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. __ , SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING , CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE IS SUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PR OVIDING FOR NO TICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTI ON WITH THE DIS TRICT. ,,,_ , WHE RE AS, the City Counci l of Englewood, Colorado, pursuant t o the Charter and the Municipa l Code of the City, and the Laws of the St ate of Colorado, hereby finds and determines that ther e exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estima t es of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvemen t s therein has been published once a week for three con s ecutive weeks in the Englewood Herald Sentinel, a newspaper of g enera l circula t ion in the City, and in addition, a notice has be en mai le d, post age prepaid, to each known owner of real p roperty withi n the p r opos ed District; and WHEREA S , at the t ime and place set forth in the notice, the Ci y Council me t in open session f o r the purpose .of hearing any o b jections or p r ot ests that might be made against the proposed dis ric o r the impr ov em e n t s to be constructed or installed; and WHEREAS, t h e f ollowing streets were deleted from the list o f str e e ts to be im pr o v e d : 1 . So uth Acoma Str ee I f r om South s ide or We st Stanford AvPnue o No rth 1ide of Welt Tu f te Avenu e u h !m r 1on r e t , from South Side o f !a 1 Girard Ave nue t o No r h side o f !aet Hampden Av e nue ou t h ~ apa o Str e , f r om North s ide o f Weet Ox ford A nue to h ! ~2 ' fee l. So h Pear l ~t re et , fr o Sou h aide of •• Yale Aven ue o ~· ai d e o f !aet Am htrl Avenue •. • • t • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East si de of South Raritan Street to West side of South Pecos Street BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District . That a special improvement dist r ict for the construction, installation or imp r ovem ent of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Co lo rado, and shall be known and designated as "Paving District No. 22 ". All proceedi ngs heretofore taken and adopted in connection with the Dist ri c t are here y ratified, approved and confirmed. Sec tio n 2. Engineering Pla ns and Specifications. That th e engineer's reports, together with all of the details, specifi - cations, es timate s , maps and sc hedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. Dist ri ct Boundary. The extent of the District to be assessed for the cost of th improvements and the area to be included within the boundary o f the District, shall be all the real prope rty specia lly benefiJ.ed, and fronting or abutting on the st reets between the termi ni he reafter described, including the rea l prop rty within one half (1/2) block of such atreets. Section 4, D scription of Improvements. The kind of improvements and the atr eta on wh ich such improvements shall be con ~r uct ed or installed shall be aa follows: 18 . ' • • • • 1. Necessary grading and excavation, pavi n g with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Bal tic Ave. East s ide of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South West side of South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East •ide of s ~· West side of South Zun :! t. TeJon St. West Harvard Ave. !ast side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. !aat aide of South West side of South TeJon St. Raritan St. South Elati St. South aide of Weat North side of West Yale Ave. Bate a Ave. West Harvard Ave. !aat aide of South Weat aide of South Raritan St. Pecos St. South Raritan St. South aide of Wut North aide of West Warren Ave. Iliff Ave. South Raritan St. South aide or West North aide or West Harvard Ave. Yale Ave. We s t Wa rren Ave. East aide or South West aide or South TeJon St. Raritan St. 19 • • , • J. Necessary preparation of present surface, overlaying of same with two -inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 'I ' • • ' ·'- • • • Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said i~provements to be in accordance with such maps, plans and specif i cations. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be ~ssessed per front foot .against any lot or tract of land fronting or a!Jutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by s.pecific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against hi• or her property within said thirty (30) days, then the whole coat of the improve - ments so assessed against such property shall be payable in ten (10) equal annual installment• of principal. The first of such installment• of principal shall be due and payable at such time as will be detenained in the assessing ordinance and the remainder of said inatalllllent• shall be due and payable successively on the .... day in each year thereafter, until all are paid i n full. The rate of interest to ~ paid on unpaid and deferred installments will be established by ordinance to be adopted by the Ci ty Coun cil at a later date. Section 8 . Special Improvement Bonda. By virtue of and pursuant to said lava and the Char ter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and xp n••• of said i prove nts, includin9 en9in ring, legal and ncidental expens a, aa provid d by law. Th• bonds shall b issu d based upon stimates approved by th• City Council, and as authoriz d by n Ord in ance to be passed by the City Council at a later date. The maximum r t of inter st on special i pro~ • nt bonds for Paving District o. 22, shall not xc d nine (9) per cent per nnUll. Th bonds and th int res ther on shall b p yable out of special ••• •• nts to b levi 4 a9ain• th real property includ d w thin th Dis r c and epec ally .. n - • • , • IP nmr ' benefited by the impr oveme nts to be constructed or installed. Section 9. Notice to Co nstruction Bidders. The Mayor and the Dire cto r o f Finance are hereby authorized to advertise for bids to const ruct such improvements in the time and manner required by the Charter o f the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and ins alled will con fer a special benefit upon the property within the District and a general benefit upon the City as a whole. Sect ion 11. Sev erability. That if any one or more sections or pa rts o f this Ordinance sh ~l l be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining p r o visi on s o f this Ordinance, it being the intention that the variou s provisi o ns hereof are severable. Section 12 . Hearing. In accordance with Section 40 of he City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at ?:JO P.M. on Tuesday, Februar y 18 , 1975. S ec t ion lJ. Publication and Effective Date. This Ordina nce, af er its f inal passage, shall be numbered and recorded, and the adopti o n and publication shall be authenticated by he signature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, a d by he Gerti icate of Publication. This ordinance shall become e ff ec ive hirty (JO) days af er publication following fina l passe e. In roduc d, read in full and passed on Iirs t reading on rd day or Fe ruary, 1975 . Pu 111h d aa a Bill for an Ordinance on the 6 h day of F ry, l •7 . r Re d y itl and pa11ed on final readin& on the 1 h day by 1 l •• Ordinan e o. ~· a o' l ••ur r 22 o r r1 1 of l 7-,,. •. .. • • , • ~-, I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex orrlclo city clerk-Treasurer • 2) •. ' • • , ( • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~~-' SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREE T PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTI CE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WI TH THE DISTRICT. WHE RE AS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the St ate of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estima te s of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the Dist rict and the construction and installation of the improvements therein has been publis hed once a week f o r three consecutive week s in the Eng lewood Herald Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, pos age prepaid, to each known owner of r eal property within th' proposed District; and WHEREAS, at the time and place set t o rth in the notice, the City Council • in open session to r the purpose .or hearin any objec ions or pro ate tha might be made aga in st the proposed distrtc or he i prove en 1 to be oonetructed or installed; and of at re WH!R!AS, the rollow1n 1treet1 were deleted rro th lie 4. o be improved: Sou Acoma Street, fro South aide or West Stanford Av nu• o North aid• or West Tutt• Avenue Str , fro South Side ot ?aet Girard h aide or ?as Hampden Avenue lapa o S re~ , ~rom North aid• ot We st Oxford to o h -1 ' fee , rroa South aide or ae• Yale Avanu a A beret Avenue 17 •. • • , ( • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or appended, as amended , are hereby approved and adopted. Section J. District Boundar1. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefi,,ted, and fronting or abutting on the st reets between the termini hereafter described, including the real property within one half (1/2) block of such streets. Section 4. Description of Improvements. The kind of improvements and the streets on which such iaproveaents shall be constructed or installed shall be as followa : 18 . . . ' • ' • • 0 I ( - • • • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South •West side of South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East r ide of S r-1 West side of South Zuni : t. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON . !!2!! TO West Bal tic Ave. East side of South West side of South Tejon St. Raritan St. South Elati St. South side of West North side of West Yale Ave. Bates Ave. West Harvard Ave. East side of South West side of South Raritan St. Pecos St. South Raritan St. South side of We at North aide of West Warren Ave. Iliff Ave. South Raritan St. South side of West North side of West Harvard Ave. Tale Ave. West Warren Ave. East aide or South Weat aide of South Tejon St . Raritan St. 19 . . . . .. • , • I • • ( • r · tttt ••• J. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: ON FROM TO South Bannock St. South s ide of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 0 •. • • • Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Couhcil of the City, i~ hereby authorized and ordered, the material to be used in the construction of said i;!Tl provements to be in accordance with such maps, plans and s peci f i cati ons. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the pro perty within the district and specially benefited by the con struction and installation of the improvements. The approximate share of the total cost .to be ~s sessed per front foot .against any lot or tract of land fronting or al.lutting on said improvements wi ll be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated herein by specific reference. Section 7. Payment of Aaaeaamenta. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property with i n said thirty (30) days, then the whole coat of the improve - ment s so assessed against such property shall be payable in ten (10 ) e qual annual installments of principal. The first of such ins ta llment s of principal shall be due and payable at such t ime as wi ll be determi ned in the assessing ordinance and the r e main d e r of sai d i nstallments shall be due and payable success ively on the same day in each year thereafter, until a ll are pa i d in full. The rate of interest to ~ paid on unpaid and deferred i nstal lment s wil l be e stablished by ordinance to be adopted by the Ci ty Counc i l at a later date. Sect i on 8 . Special Imp r o veme nt Bonda. By virtue of a nd pursuant to sai d lavs and t he Charter and the Munic i pal Code o .f the City, l o c a l i mp rov ement bonds of the Ci ty shal l be issued for the purpose of paying for the local imp rovements scrib d in this Ordinance, in an amount not to exceed the cos and xpenaea of said improv llWtnta, including engine ring, legal and 1ncid ntal exp na a, as provid d by law. The bonds shall b is s d based upon stimatea approved by the City Council, and as au hor1z d by n Ord nance to be passed by the City Council at a la r da e . Th m ximum r t of interest o n s pecial improvement bonds for Paving D strict o. 22, shall not exceed nine (9) r nn Th bond• and the interest thereon shall ou s c al a11 as nts to be levi d againat r al pro ncluded within th D strict and specially -21 - . . • • • benefited by the improvements to be const ructed or installed. Section 9. Notic e to Constru ction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the ~unic ipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds end determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within th e District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance sh 11 be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sect ion 12. Hearing. In accordance with Section 40 of th e City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at ?:JO P.M. on Tuesday, February 18, 1975. S ection lJ. Publication and Effective Date. This Ordinance, after i s final passage, shall be numbered and recorded, and the adoption and publication shall e authenticated by he signature o f the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certific ate of Publication. This ordinance shall become effe tive hirty (JO) days after publica ion following final passage. In reduced, read in full and passed on £irst reading on e Jrd day of February, 1975. P~ liahed aa a Bill for an Ordinance on the 6 h day of Fe ruary, lq75, R ad by ti le and passed o final readin1 on the 18th dey o f ebr 1 y, 19 5. n A T T: •x orr1 11 d y 1 l at Ordinance o. ~' Serie• or 197 , ay of Te rua~Y. 19 « ••urtr 22 U o r •. ' • • , ( ( • • • I, Karl Nollenberger, ex officio City Clerk-Treasurer or the City or Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy or the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex orricio city cf erk-Treasurer -2) • • t • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~~-' SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. " -, WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No . 22, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as described herein; and WHEREAS, as ordered by the City Council, the Engine;r for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation or the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald Sentinel, a newspaper or general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known o wner of real property within the proposed District; and WHEREAS, at the time and place set forth in the notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the propos d district or the improvements to be constructed or installed; and WHEREA S, the following streets were deleted fro the list of streets to be improved: 1. South Acoma Street, from South side of We st Stanford Avenue to North aide o f Wes t Tuft Avenue 2. South lmeraon S ree , from South Side of !aa Girard Avenu to North aide of aa Hampd n Avenu 3, South Galapa o tr et, from North aide of I at Oxford Avenue to orth ! 32 feet 4. South Pearl S ree , from Sou h aid of aa Yal Avenue to North •id of aa Amber • Av nue 17 • • • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection w'itb the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, speci f!- cations, estimates, maps and schedules thereto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefi.J.ed, and fronting or abutting on the streets between the termini hereafter described, including the real property within one half (1/2) bloc k of such streets. Section 4. Description of Improvements. The kind of improvements and the streets on which such improvements shall be constructed or installed shall be as follows: 18 • • • , • • • 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphnltic concrete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South West side of South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East side of South West side of South Zuni St. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. • 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concrete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. West Warren Ave. FROM East side of South Tejon St. South side of West Yale Ave. East side of South Raritan St. South side of West Warren Ave. South side of West Harvard Ave. East side of South Tejon St. 19 TO West side of South Raritan St. North side of West Bates Ave. West side of South Pecos St. North side of West Iliff Ave. North side of West Yale Ave. West side of South Raritan St . • • • • • • J. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: ON FROM TO "' -, South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St . South side of East North side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave . 10 •. • • • Section S. Improvements Authorized. The construction o r installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Cost s . The probable total cost of the improvements to be constructed or installed is $8 80,550.00; it is proposed that the City of Englewood will pay approximately $111,120.00; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost .to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolut i on passed and adopted on January 6, 1975, and which is incorporated here~n b y specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real p roperty i n the District. In the event any owner of real estate shall fa i l to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the i mpro ve- ments so assessed against such property s hall be payable i n ten (10) equal annual installments of princi pal. The f i rst o f such installments of principal shall be due and p ayab l e at such time as will be determined in the asse ssing ordin ance a n d the remainder of said installments shall be due and payable successively on the same day in each y e ar thereafter , unt il all are paid in full. The rate of i ntere s t to b ~ paid on unpa i d a.nd deferred installments will be establ ish e d by ord i nan ce t o be adopted by the City Council at a later d a te . Section 8. Speci al Im pro v em nt Bon d s. By v i rt ue of and p u r s u a nt to said laws and the Ch a rter a nd the Mun icipa l Code of the C i ty, l ocal i mprovemen t bonds of the City s h all be issu d f o r the p ur pose of paying d scrib d in this Ordinance , in cost and xp nses of said improv legal and incidental exp na s, for the local improvements n amount not to xceed th nts, includ1ng enqin ring, s provid d by law. The bonds shall be i su d b s d upon d by th City council, and as a uthoriz d by n Ordinanc a later d at . The ma x imum r t of 1nt r a b onds !or Paving District No. 22, shall no p r c nt p r annua. Th bonds and h in p y bl ou of • ci l as •• n a to th r al pro r y 1nclud d wi hin th Di -21 - d by th City Council on sp ci l 1mprov m nt xc d nin (9) hall Vi ric nd sp c1ally &t • • • • • d) benefited by the improvements to be constructed or installed. Section 9 . Notice to Construction Bidders . The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefits. The City Council hereby finds and determines that the improvement s proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 12. Hearing. In ac co rdance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at ?:JO P.M. on Tuesday, February 18, 1975. Section lJ. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the si nature o f the Mayor and the Director of Finan c , x-o ffi cio Ci y Cl rk-Tr a urer, and by the Certificate of Publication. This ordinance shall becom effective thirty (JO) days after publication following final passage. In roduced, read in full and pass d on fir the Jrd day of February, 1975. Published as a Bill for an Ordin ance on h February, 197 5. re a di on th day of Read by title and passed on final readin on the 1 h day or P'e ruary, 1975 • Publish d by titl •• Ord!nanc o. ~· S r1e s of 1975, on h• day of P' bruary, 1975. May or ATT ST: • orrt to Ci 1 Clerk-Tr atur r 2 • • • !-,~~------:~~~~------~~--------------------------~ I, Karl Nollenberger, ex officio City Cle rk-Treasur e r of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordi nance , passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio City Clerk-Treasurer -n • • • • -1- INTRODUCED AS A BILL BY COUNCI LMAN SOVERN. BY AUTHORITY ORDINANCE NO. ~~-' SERIES OF 197 5 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPR OVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DE TAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 22 , in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements as describ ed herein; and • WHEREAS, as ordered by the City Council, the Engineer for the District has prepared and filed plans, specifications, maps and estimates of cost for the proposed impr o vement s ; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald S entinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to ea ch known o wner of real property within the proposed District; and WHEREAS, at the time and place set forth in the noti c e, the City Council met in open session for the purpose of hearing any o bjection s or protests that might be made against the proposed district or the improvements to be constructed or installed; and WHEREA S, the f ollowing streets were deleted fr om the list of st reets to be improved: 1. South Acoma Street, from South side of West Stanford Avenue to North side of We st Tufts Avenue 2 . South Eme r son Street, from South Side o f Eas Girard Avenue to North side of East Hampden Avenue ). So uth Galapago Street, from North side o f West Oxford Avenue to North ! )25 feet 4. South P arl Stre t, from South side of Eas Yal e Avenue to North side of East Amhers Avenue 17 • • • • • • 5. West Cornell Avenue, from East side of South Tejon Street to East side of South Shoshone Street 6. West Wesley Avenue, from East side of South Raritan Street to West side of South Pecos Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 22". All proceedings heretofore taken and adopted in connection ll'ith the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi - cations, estimates, maps and schedules ther eto attached or appended, as amended, are hereby approved and adopted. Section J. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the rea l property specially benefiJ.ed, and fronting or abutting on the streets between the termini hereafter de scribed, including the real property within one half (1/2) block of such streets. Section 4. Description of Imp rovements. The kind of improvements and the streets on which such improvements shall be constructed or installed shall be as follows: 18 • • • • 1. Neces sa ry grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where n ot already installed; together with appurtenances and incidentals on the following streets and avenues: ON FROM TO West Baltic Ave. East side of South West side of South Zuni St. Vallejo St. West Iliff Ave. East side of South West side of South Zuni St. Tejon St. West Lebow Ave. West side of South South City Limits Broadway at Big Dry Creek South Vallejo St. South side of West North side of West Evans Ave. Iliff Ave. West Vassar Ave. East side of South West side of South Zuni St. Tejon St. West Harvard Ave. East side of South West side of South Zuni St. Tejon St. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and J" asphaltic concr ete surface, con- crete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the fol lowi ng streets and avenues: ON West Baltic Ave. South Elati St. West Harvard Ave. South Raritan St. South Raritan St. We st arren Ave . FROM East side of Sout h Tejon St. South side of West Yale Ave. East side of South Raritan St. South side of West Warren Ave. Sou h side of We st Harvard Ave. East aide of South Tejon St. l TO West side of South Raritan St. North side of West Bates Ave. West side of South Pecos St. North side of West Iliff Ave. North side of West Yale Ave. We a sid e of South Ra ritan St. • • , • • J. Necessary preparation of present surface, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: ON FROM TO South Bannock St. South side of West North side of West Tufts Ave. Union Ave. South Pearl St. South side of East No rth side of East Tufts Ave. Union Ave. South Washington St. South side of East North side of East Stanford Ave. Tufts Ave. 20 • • , • • • • Section 5. Improvements Authorized. The construction or installatio n of the street paving, curb and gutter and sidewalk impro vements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the City Engineer and approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $880,550 .00; it is proposed that the City of Englewood will pay approximately $111, 120. 00; the remainde·r of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth in the resolution passed and adopted on January 6, 1975, and which is incorporated here,.in by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improve- ments so assessed against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to b~ paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date. Section 8. Special Impro v e ment Bonds . By virtue of and p u rsuant to said laws and th Charter and the Muni ci pal Cod of the City, local improve ment bond s o f t he C i ty sh a l l b e issued for th purpose of pay i ng f o r t he loca l impr o v em nts d a c r i b d in this Ord i nanc e, i n an a oun not to e x ceed th cost a nd xp na s of s a id improv n ts , including nqin rin9, l 9 a l a nd i n cid n t al x p n s s , s provid d by law. Th bonds s ha ll be issu db s d upon timat s d by t h e City Council, "' -, and as au thor z d b y n Ord in nc t o d b y th City Council at a l a t er dat • Th m x i mum r on sp ci l 1mprov m n t b o nd s f or Pav i 9 District No . 22 , s h 11 not xc d n i n (9 ) nt p r nn ura . The bond s nd th in h r on h 11 p y b le ou of ap cial ass n s to b l v d agai n t 1 pro rty 1nclud d wi hin h 01 ric nd s c1 lly -21 - • • • • benefited by the improvements to be constructed or installed. Section 9 . Notice to Construction Bidders. The Mayor and the Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which adver- tisement may run concurrently with the publication of this Ordinance. Section 10. General Benefit s . The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefi t upon the property within the District and a general benefit upon the City as a whole. Section 11. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions o f this Ordinance, it bein g the intention that t he various provisions hereof are severable. Section 12. Hearing. In accordance with Section 40 of the City Charter, the City Coun cil shall hold a public hearing on this ordinance, before final passage, at 7:JO P.M. on Tuesday, February 18, 1975. Section lJ. Publication and Effective Date . This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by he signature o f the Mayor and the Director o f Finan ce, ex-officio Ci y Clerk-Treasurer, and by the Certificate of Publication. This o rdinan ce shall become effective thirty (JO) days aft r publi cation following fina l passage. Introduced, read in full and passed on first readin on the Jrd day of February, 1975. Published as a Bill for an Ordinance on the 6th day of February, 1975. Read by title and passed on final readin on the 1 h day of February, 1975. Published by title as Ordinan c on the day of F bruary, 1975. ATT ST: ex orr1010 Ci y Clerk-Tr aur r 2 Uayor o. ~· S rie a of 1975, • • f • I, Karl Nollenberger, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. ~~' Series of 1975. ex officio City Clerk-Treasurer -2 • •