HomeMy WebLinkAboutOrdinance 1749 - Race Based CovenantsCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
COUNCIL BILL NO. 19
ORDINANCE NO. 1749
Series 2022
TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR
FINAL SUBDIVISION PLATS, AND IN CONNECTION THEREWITH,
ADDRESSING RACE AND RELIGION-BASED COVENANTS ON TITLE
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the
City, acting through its City Council (the “Council”), is authorized to adopt ordinances
for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted
Article IV of Chapter 26 of the Wheat Ridge Cde of Laws concerning subdivision
regulation; and
WHEREAS, on July 25, 2022, the Council adopted Resolution No. 33, a
resolution declaring race and religion-based covenants on real property within the City
to be illegal and unenforceable, and in connection therewith directing City staff to take
certain actions in relation thereto; and
WHEREAS, the resolution directed City staff to bring forward for Council
consideration an ordinance amending the City's Land Use Code to require that a plat
note be affixed on resubdivisions of property advising that race and religion-based
covenants on real property are illegal and unenforceable.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-410 of the Wheat Ridge Code of Laws is hereby amended
by the addition of a new subparagraph C.1.l, as follows:
Sec. 26–410. Application contents.
A. Application contents . . .
B. Form of final plat . . .
C. Content of final plat
1. Project information
a. Title of document . . .
k. Case history box with reference case numbers, and
l. PLAT NOTE IN THE FORM OF, AND IF REQUIRED BY, CODE
SECTION 26-421 DECLARING RACE OR RELIGION-BASED
COVENANTS ON THE SUBJECT PROPERTY, IF ANY, TO BE
ILLEGAL AND UNENFORCEABLE
Section 2. . The Wheat Ridge Code of Laws is amended by the addition of a
new Section 26-421, to read as follows:
Sec. 26-421 Plat notes concerning race and religion-based covenants.
In the event the property which is subject to subdivision or resubdivision pursuant
to this Article IV is determined by the community development director in his or her
reasonable opinion to be subject to or burdened by any pre-existing race or religion-
based covenants, as the same have been declared illegal and unenforceable by the
United States Supreme Court in Shelley v Kraemer, 334 US 1 (1948), the Colorado
Supreme Court in Capital Federal Savings and Loan Association v. Smith, 316 P2d 252
(1957), the Colorado state legislature pursuant to CRS §38-30-169, and the Wheat
Ridge City Council by Resolution No. 33, Series 2022, the form of final plat required by
Code Section 26-410.C shall include the following plat note:
TO THE EXTENT THE REAL PROPERTY WHICH IS THE
SUBJECT OF THIS PLAT CONTAINS A RACE AND/OR RELIGION-
BASED RESTRICTIVE COVENANT, PURSUANT TO SHELLEY V
KRAEMER, 334 US 1 (1948), CAPITAL FEDERAL SAVINGS AND
LOAN ASSOCIATION V. SMITH, 316 P2d 252 (1957), CRS §38-30-
169, AND RESOLUTION NUMBER 33, SERIES 2022 OF THE
WHEAT RIDGE CITY COUNCIL, ANY SUCH COVENANT IS
ILLEGAL AND UNENFORCEABLE, AND MAY BE REMOVED BY
PRIVATE OWNERS PURSUANT TO CRS 38-30-169-170.
Section 3. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 10th day of October 2022, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for December 12, 2022 at 7:00 p.m., in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 12th day of December, 2022.
SIGNED by the Mayor on this 14th day of December, 2022.
________________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_______________________________
Gerald E. Dahl, City Attorney
First Publication: October 13, 2022
Second Publication: December 15, 2022
Effective Date: December 30, 2022
Published:
Jeffco Transcript and www.ci.wheatridge.co.us