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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: r i, cl~ ca _ -t c o , C-0