HomeMy WebLinkAboutOrdinance-1980-0407INTRODUCED BY COUNCILMEMBER Turner
ORDINANCE NO. 407
SERIES OF 1980
TITLE: AN ORDINANCE DELEGATING THE DUTY AND THE AUTHORITY TO
THE CITY CLERK OF THE CITY OF WHEAT RIDGE TO PROVIDE
FOR AND TO ACCOMPLISH THE CONTINUING ADMINISTRATIVE
CODIFICATION OF THE DULY ENACTED ORDINANCES OF THE
CITY OF WHEAT RIDGE.
WHEREAS, Section 5.15 of the Charter of the City of Wheat
obligates the City Council to "cause the ordinances (of the City
of Wheat Ridge) to be codified and thereafter maintained in current
form," and
WHEREAS, City Council wishes to cause said codification to
be accomplished expeditiously, and
WHEREAS, the City Council wishes to delegate to the City
Clerk, as the certifier of "all ordinances and resolutions enacted
or passed by the Council" pursuant to Section 3.8(c) of the City
Charter, the duty and authority to provide administratively for
the expeditious codification of ordinances,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
1. The City Council of the City of Wheat Ridge does hereby
expressly delegate to the duly elected City Clerk of the City of
Wheat Ridge the duty and authority to cause to be codified all
ordinances enacted by the City Council subsequent to January 4,
1980, pursuant to the procedure hereafter set forth.
2. In providing for the codification of ordinances, the
City Clerk shall substantially adhere to the following procedure:
A. On or before the last business day during the
months of March, June, September and December of each
year commencing in 1980, the City Clerk shall cause to
be certified and forwarded to the codifier of ordinances
duly selected by or having contracted with the City of
Wheat Ridge all ordinances enacted by the City Council
since the most recent codification of ordinances.
B. Promptly upon receipt by the City Clerk of such
codified ordinances from the codifier, the City Clerk
shall review such codified ordinances for accuracy of
codification. If an error in codification is found by
the City Clerk, the proposed codification shall immediately
be returned to the codifier for correction.
C. In the event no errors are found by the City
Clerk, the City Clerk shall forthwith distribute copies
of the proposed codification to members of City Council
and all department heads within the city administration
for review as to accuracy of codification. In the event
any error in the accuracy of said codification is
discovered by such councilmembers or department heads,
they shall be presented to the City Clerk within seven
days of the date of distribution by the Clerk, and the
City Clerk shall immediately return the proposed codifi-
cation to the codifier for correction.
PAGE TWO
D. Upon the fulfillment by the City Clerk of the
duties imposed in a preceding section of this paragraph,
which duties are designed to insure the accuracy of the
proposed codification of ordinances, and upon the City
Clerk's satisfaction that there are no errors in codifi-
cation, the City Clerk shall prepare a Notice of Codifi-
cation, setting forth the designated numbers assigned
to the ordinances codified and the effective date of
the codification, and shall cause said Notice of Codifi-
cation to be posted in a conspicuous place within the
Wheat Ridge Municipal Building and shall further cause
said Notice of Codification to be published once in a
newspaper of general circulation within the City of
Wheat Ridge.
3. Upon the completion of each of the steps in the pro-
cedure specified in paragraph 2, said codification shall become
official and shall take effect five days after Notice of Codifi-
cation is published in the newspaper of general circulation
within the City of Wheat.
4. This ordinance is enacted for the purpose of providing
for the expeditious administrative codification of ordinances of
and within the City of Wheat Ridge, and as such the City Council
determines that this ordinance is in furtherance of the public
health, safety and welfare.
5. Upon the codification of ordinances as above described,
the provisions of the code of laws of the City of Wheat Ridge shall
be considered to be amended and, as so amended, in full force and
effect at the time provided in paragraph 3 above. All ordinances
adopted on final reading and passage on or before the date of
Notice of Codification and not contained in such code are considered
repealed from and after the effective date of the codification of
ordinances as described in paragraph 3 above.
6. The repeal provided for in the preceding section of
this ordinance shall not affect any offense or act committed or
done or any penalty or forfeiture incurred or any contract or right
established or accruing before the effective date of this Ordinance;
nor shall it affect any prosecution, suit or proceeding pending
or any judgment rendered prior to the effective date of this
Ordinance; nor shall such repeal affect any ordinance or resolution
promising or guaranteeing the payment of money for the City or
authorizing the issue of any bonds of the City or any evidence
of the City's indebtedness or any contract or obligation assumed
by the City; nor shall it affect any annual tax levy; nor shall
it affect any right or franchise conferred by Ordinance or reso-
lution of the City Council on any person or corporation; nor shall
it affect any Ordinance adopted for purposes which have been con-
summated; nor shall it affect any Ordinance which is temporary,
although general in effect or special, although permanent in
effect; nor shall it affect any ordinance relating to the salaries
of the City officers or employees; nor shall it affect any Ordinances
annexing territory to the City; nor shall it affect any ordinance
naming, renaming, opening, accepting, or vacating streets or alleys
in the City; nor shall it affect any ordinance relating to zoning;
nor shall it affect any Ordinance adopted on final reading and
passage after the date of the enactment of the last ordinance in
the series currently being codified.
7. The codification of ordinances provided for herein
shall not affect any ordinances enacted after the date of the
enactment of the last ordinance in the series currently being
PAGE THREE
codified at any time under the provisions
is further recognized that some ordinances
an affect on the ordinances being codified
in effect modify the Wheat Ridge Municipal
of this ordinance. It
so enacted may have
hereunder, and may
Code to some extent.
8. Whenever in the Code of the City of Wheat Ridge any
act is made or declared to be unlawful, an offense, nuisance or
misdemeanor, where no specific penalty is provided therefor, any
person who shall be convicted of the violation of any such pro-
vision of the Code adopted by this Ordinance or other Ordinance of
the City or of such order, rules or regulations shall be punished
by a fine of not more than three hundred dollars ($300.00) or by
imprisonment in jail not exceeding ninety days or by both fine and
imprisonment. Each day any violation of such Code or any other
Ordinance of the City or any order, rule or regulation promulgated
under the provisions of such Code or other Ordinances of the City
shall continue, shall constitute a separate offense.
9. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases
of this Ordinance and the Code hereby adopted are severable, and
if any phrase, clause, sentence, paragraph or section of this
Ordinance of the Code hereby adopted shall be declared unconstitu-
tional or otherwise invalid by the valid judgment or decree of a
court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance or the
Code hereby adopted.
10. Effective Date. This Ordinance shall take effect
s days after publication following final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 8 to 0 on this 19th day of Mav 1980; ordered
published in full in the Wheat Ridge Sentinel and Public Hearing and
consideration on final passage set for June 9 , 1980,
at 7:30 o'clock p.m., at 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 9th day of June
1980.
SIGNED by the Mayor on this 11th day of June
1980.
FRANK STI E'S, MAYOR
ATTEST:
C OL HAMP , CITY CLERK
1st Publication May 22, 1980
2nd Publication June 19, 1980
Wheat Ridge Sentinel
Effective Date July 4, 1980
APPROVED AS TO FORM
BY OFFICE,,.qF CITY ATTORNEY:
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