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HomeMy WebLinkAboutOrdinance-1970-0043 - Providing for Local Improvement DistrictsC: BY ALDERMAN DANA BOWLING ORDINANCE N0. 43 1 Series of 1910 TITLE: AN ORDINANCE PROUIDINfi FOR FORMATION OF LOCAL IMPROVEMENT DISTRICTS AND REQUIREMENTS THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Authority. The City Council shall have the authority to establish improvement districts in the City for the purpose of constructing or installing therein any public improve- ments including parking and off-street parking facilities but excepting light or gas systems or plants. Section 2. Petition. The organization of a district must be initiated by petition which is to be filed with the City Clerk. The petition must be signed by no less than a majority of the taxpaying electors owning real ❑r personal property in the proposed district having an assessed value of not less than one half of the value of all real and personal property in said district. In addition to the required signature, there must be: (a) Address of the residence of the signer. (b) Address or property description of the property within the proposed district if it is different than the residence of the signer.-- (c) Date of Signing (d) After the filing of a petition, no petitioner shall be permitted to withdraw his name therefrom. Section 3. Contents of Petition. The petition must contain: (a) The name of the proposed district, which shall include the name of the City, a descriptive name or number and the words, "general improvement district,." (b) A general description of the improvement to be constructed. (c) The estimated cost of the proposed improvement. (d) A general description of the boundaries of the district, with sufficient specificity that the property owners will be able to determine if they are located within the district. (e) The names of three (3) taxpaying electors who will represent the petitioners and who will have the power to enter into agreements relating to the organization of the district. (f) A prayer for the organization of the district. Section 4. Defects in Petition. Defects in the petition will not be grounds for dismissal and_the_City Council shall allow any petition that is filed to be amended to correct such defects. If similar or duplicate petitions are filed, they shall be regarded as one (1) petition. Section 5. Bond. At the time of filing the petition or at any time prior to the hearing on. said petition, a bond shall be filed with security approved by-the City Council orcash sufficient to pay all expenses connected with the proceedings in case the organization of the district is denied. If the City Council should determine that-the bond is insufficient, an additional bond or-cash may be required within a time to be fixed by the.City Council, not less than ten (10) days distant. Upon failure of the petitioners to file or deposit the required bond or cash, the petition shall be dismissed. Section 6. Hearing. After the filing of the petition, the City Council,_shall _fix a place and time, not less than twenty (20) days nor more than forty (40) days after the petition is filed, for a hearing thereon. Section 7. Notice. The City Clerk shall publish notice of the petition, of the purposes and boundaries- of-the proposed _ district and of the time and place of the hearing thereon. -2- (a) Publication shall be once a week in three (3) consecutive weekly editions-of a newspaper of general circulation within the proposed distrist. (b) The City Clerk shall also mail a copy of the notice to each taxpaying elector in the district at his last known address, as disclosed by.t.he tax records-of-the County. (c) The notice of hearing on the petition must set forth the fact that all property in the district is subject to the lien of the indebtedness and must set forth the amount of the pro- posed indebtedness. Section 8. Board Determinations. The_,City Council shall make a determination as to. the number of taxpaying electors and the assessed valuation of the property in the district. The City Council-shall dismiss the petition and assess the costs against the petitions if it is found: (a) The petition is not signed by at least a major- ity of the taxpaying electors owning property within the district having an assessed value of not less than one half (/z) of the assessed value of all.the.real and.personal property in the district. (b) The proposed improvement will not confer a general benefit on the district. (c) The cost of the improvement-would be excessive as compared with the value of-the property in the district. Section 9. District Established. If it appears to the City Council that the petition for the organization_of the district has been duly signed and presented in conformity with this ordinance and the statutes of-the state, and that the allegations of the petition are true, the City Council, by ordinance, shall declare the district organized and give it the corporate-name specified in the petition. -3- a.~,fl ~-s- ~ -oETf Section 10. "Appeal". The finding of the City Council on the question of the genuineness of the signatures and all mat- ters of fact incident to such determination shall be final and conclusive on all parties in interest. No appeal or writ or error shall lie from an order dismissing said petition. Section 11. Ordinance Filed. Within thirty-(30) days after the district has been declared duly organized, the City Clerk shall file with-the-county clerk and recorder a copy of the ordinance establishing the district. Section 12. Organization and Powers. The organization and the powers and authority shall be in accordance with the pro- visions of Article 4, Chapter 89 of the Colorado Revised Statutes, 1963, as amended. Section 13. Election Required on Indebtedness. When- ever the beard of directors of any district formed in accordance with this ordinance and the statutes shall determine by ordinance that the interest of the district and the public interest and necessity demand the acquisition, construction, installation or completion of any improvements to carry out the purpose of the district, requires the creaton of an indebtedness of five thousand ($5,000) dollars or more, the proposition for the issuance of such obligations, bonds or other indebtedness must be submitted to the taxpaying electors of the district at an election held for that purpose. Section 14. Requirements for the Ordinance. The ordinance creating the indebtedness must contain: (a) The declaration of public interest and necessity (b) Provisions for the holding of such election (c) The objects and purposes for which the indebted- ness is proposed to be incurred -4- be incurrad indebtedness (d) The estimated cost of the works or improvements (e) The amount of principal of the indebtedness to (f) The maximum rate of interest to be paid on such (g) The date upon which the election shall be held and the manner for holding the election (h) The method for voting for or against the incur- ring of the proposed indebtedness (i) The compensation to be paid the officers of the election (j) Designate the polling for each, consisting of three (3) judges act as clerk for each polling place. Section 15. Emergency Clause. ordinance are necessary for the immediate public health, safety, and welfare of the places and the officers and one (1) of whom shall The provisions of this preservation of the City for the following reasons: 1. No ordinance has been passed concerning forma- tion of local improvement districts as the city having just completed incorporation August 20, 1969, has not heretofore provided for said districts. 2. The power to form such districts is necessary for the public health and safety of the citizens of the City of Wheat Ridge. Section 16. Effective Date. This ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three-Fourths (3/4) of the members of the city council; otherwise said ordinance shall take effect thirty (30) days after publication following final passage. -5- INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading -by a vote df' 5 to 0 this 16th day of April 'r.A~.D., 1970 i READ, ADOPTED.AND ORDERED PUBLISHED AND POSTED ❑n second and Final reading by a vote of to _ this :z day ❑f A. D., 1970. Albert E. Anderson, Mayor ATTEST: Louise F. Turner, City Clark -6- CERTIFICATE OF POSTING We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 43 was duly posted by us following first reading on the 24th day of April 1970, at the fallowing locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitation District Office Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office Wheat Ridge Council Meeting Room We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 43 was duly posted by us following second reading on the 15th day of May 1970, at the above locations within the City of Wheat Ridge. o~ vise F. Turner City Clerk Helen Elise McMillen LL Deputy City Clerk