HomeMy WebLinkAboutOrdinance-1982-0497INTRODUCED BY COUNCILMEMBER AIELLO
ORDINANCE NO. 491'
Series of 1982
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 10,
IMPROVEMENT DISTRICTS, OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE PROVIDING A COMPREHENSIVE
STATUTORY SCHEME FOR CREATION OF A SPECIAL IMPROVE-
MENT DISTRICT, THE DETERMINATION AND ASSESSMENT OF
COSTS, AUTHORIZING THE LEVYING AND COLLECTION OF
ASSESSMENTS, AND PROVIDING FOR THE ISSUANCE OF BONDS
TO FURTHER ANY IMPROVEMENT AUTHORIZED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
WHEREAS, the Home Rule Charter of the City of Wheat
Ridge provides in Chapter XIII for the creation of special
or local improvement districts;
WHEREAS, the provisions of said Charter, Chapter, and
sections thereof to the extent the same are not self-executing
require an ordinance to provide for orderly implementation
of the powers vested in said Charter provisions;
WHEREAS, the City Council wishes in this ordinance to
provide such comprehensive authority as is consistent with
Chapter XIII of the Wheat Ridge City Charter and, to the
extent the same are not in conflict with said Charter provisions,
the statutes of the State of Colorado;
NOW, THEREFORE, the City Council of the City of Wheat
Ridge finds as follows:
Section 1. Chapter X, Improvement Districts, of the
Code of Laws of the City of Wheat Ridge, including Sections
10-1 through 1-14 inclusive, are hereby repealed and reenacted
as follows:
"Section 10-1. Creation of Special or Local Improvement
Districts by the City Council. Pursuant to Section 13.2 of
Article XIII of the Charter of the City, the City Council
shall have the power and authority, as specified in this
Chapter, to create and establish, by ordinance, Special or
Local Improvement Districts.
Section 10-2. Improvements Authorized. The City Council
shall have the power and authority to create such District
for local improvements of every character, including, but
not limited to, the construction, upgrading or improvement
of the following municipal facilities, ways, and improvements:
(a) Streets;
(b) Sidewalks;
(c) Utilities;
(d) Lighting;
(e) Drainage;
(f) Storm Sewer Systems;
(g) Sanitary Sewer System;
(h) Water Mains;
(i) Parking; and
(j) Traffic Control Systems.
,.E TWO
Section 10-3.
Initiation by Petition only.
(a) All Special or Local Improvement Districts permitted
pursuant to this Chapter shall be initiated only by the
filing with the City Clerk of a petition. Such petition
shall be signed by the owners-of more than 50 percent
of the real property within the District to be created.
(b) For purposes of subsection (a) of this Section:
(i) A corporate or partnership owner of record
shall be considered a single owner;
(ii) If the District to be created consists solely
of one or more public streets or ways, the signatures
of the owners of record of more than 50 percent of the
footage directly fronting said streets or ways shall
comprise a sufficient number of signatures for the
initiation of the District.
Section 10-4. Contents of the Petition.
(a) The petition shall contain the following:
(i) The name of the proposed district;
(ii) A description of the boundaries of the
District which is sufficiently certain to enable an
owner of record of real estate to determine whether his
or her property is within the District;
(iii) A general description of the construction,
upgrading, or improvements proposed;
(iv) A description of the methods proposed to
finance and provide financial security for such construction,
upgrading, or improvement;
(v) An estimation of the annual cost of physically
maintaining the construction, upgrading, or improvement
so performed, and an estimation of the annual cost of
providing financial security therefor;
(vi) An estimation of the assessment levy necessary
to provide for the physical maintenance and financial
security for the construction, upgrading, or improvement;
and
(vii) A request that the District be organized;
(viii) Signatures as set forth in Section 10-3(a).
(b) The City Council may, at any time preceding the
creation of the District, permit the petition to be amended
to correct any errors in the description of the District or
in the description of the construction, upgrading, or improvement
proposed.
Section 10-5. Contents of Notice. The notice of hearing
required by Section 10-5 hereof shall contain the following
items:
(a) The name of the proposed District;
(b) A description of the boundaries of the District
which is sufficiently certain to enable an owner of record
of real estate to determine whether his or her property is
within the District;
~AGL: TfIRLP
(c) A general description of the construction, upgrading,
or improvements proposed;
(d) A description of the methods proposed to finance
and provide financial security for such construction, upgrading,
or improvement;
(e) An estimation of the annual cost of physically
maintaining the construction, upgrading, or improvement, and
of providing financial security therefor;
(f) An estimation of the assessment levy necessary to
provide for the physical maintenance and financial security
for the construction, upgrading, or improvement;
(g) The fact that all property in the District is
subject to levy and lien of assessment;
(h) The date, time, and place of the hearing;
(i) That any and all persons desiring to be heard upon
the issue of the creation of the District or the construction,
upgrading, or improvement contemplated thereby, may make an
appearance at said time and place and express his or her
position and opinions on the issue.
Section 10-7.
Authorizing ordinance.
(a) If the City Council determines at the hearing that
the filed petition contains the requisite number of qualified
signatures, and that the allegations of the petition are
true, the City Council shall do the following:
(i) Issue an authorizing ordinance establishing
the District;
(ii) Issue a resolution providing for notice to
be given to contractors for the submission of bids for
the construction, upgrading, or improvement authorized;
(iii) Issue a resolution providing for notice of
the construction, upgrading, or improvement to be published
once during the following weeks in a newspaper of general
circulation in the City;
(iv) Issue an ordinance providing for the issuance
and payment of bonds to finance said construction,
upgrading, or improvement if the City Council deems a
bond issuance necessary.
(b) If the City Council shall find that the petition
does not contain the requisite number of qualified signatures,
or if the City Council shall find that the allegations of
the petition are untrue, or if the City Council shall find
that any proposed levy of assessment or bond issuance is
excessive in relation to the benefit conferred, it shall
dismiss the petition.
Section 10-8. Action of Council Final. The finding of
the City Council on accepting or dismissing a petition shall
be final and conclusive and no appeal shall lie from a determination
to accept or dismiss the petition; provided, however, that
nothing in this section shall be construed as preventing the
filing of subsequent petitions for similar improvements or
similar Districts.
-15AGE FOUR
Section 10-9. Assessment of Costs. All costs of the
construction, upgrading, or improvement of the improvement
involved, less that portion thereof, if any, which is to be
borne by the City itself, shall be assessed by ordinance
upon all the real property within the District, based upon
the benefit conferred by the improvement upon each parcel of
realty within the District; provided, however, that in adopting
any method for assessment, the City Council shall not be
limited to assessing the real property on either a front
footage basis or on a square footage basis, but may take
into consideration the special benefits accruing to the
realty within the District and may adopt any method of assessment
which bears a substantial relationship to the benefit conferred.
Section 10-10. Notice and Hearing upon Assessments.
At such time as the total costs of the construction, upgrading,
or improvement of the improvement may have been reliably
ascertained, there shall be introduced before the City Council
a bill for an ordinance levying assessments upon the real
property in the District. Prior to final passage thereof,
the City Council shall, by resolution, set a time and place
for a public hearing thereon. Notice of said hearing shall
be published once each week for three consecutive weeks in a
newspaper of general circulation in the City and the date of
hearing shall not be less than thirty, nor more than sixty
days, after the date of the first publication of such notice.
Section 10-11. Levy of Assessments.
(a) Subsequent to the said public hearing and subsequent
to any amendments to said bill for an ordinance, if any,
which may result from the hearing thereon, the City Council
shall pass an ordinacne levying assessments on the real
property in the District and providing for the collection
and enforcement of such assessments.
(b) Said assessments, together with interest thereon
and penalties for default in payment thereof, and all costs
of collecting the same, shall constitute a lien, until paid,
on and against the property assessed.
Section 10-12. Annual Levy.
(a) As long as the District shall remain in existence,
the City Council may, no later than of
each fiscal year of the City, determine for the ensuing
fiscal year the public improvements to be maintained and may
fix a rate of levy of assessment which shall raise the amount
required by the District during the ensuing fiscal year to
meet the cost of so maintaining the public improvement constructed,
upgraded, or improved by the District.
(b) The levy of assessment set forth in subsetion (a)
hereof, shall not exceed the levy set forth in the petition
which initiated the creation of the District, unless a subsequent
petition signed by at least 50 percent of the then owners of
record of real property within the District requesting a
higher assessment is filed. If such a petition is filed,
notice and hearing thereon will be held pursuant to the
terms of Section 10-5 and 10-6 hereof. Said petition shall
be in substantial compliance with the requirements set forth
in Sections 10-3 and 10-4 hereof.
Section 10-13. Change of Boundaries of District.
(a) The boundaries of any District created pursuant to
this Chapter may be changed in the manner set forth in subsection
(b) hereof.
PAGE FIVE
Section 10-13.
Change of Boundaries of District.
(a) The boundaries of any District created pursuant to
this Chapter may be changed in the manner set forth in subsection
(b) hereof.
(b) The owners of property to be proposed to be included
in the District, or if more than one tract of property, more
than 50 percent of the owners thereof, may file a petition
with the City Clerk requesting that such property be included
in the District. The petition filed shall set forth the
legal description and street address of all properties proposed
to be included in the District. Notice and hearing on the
petition shall issue as provided in Sections 10-5 and 10-6
hereof. Said petition shall be in substantial compliance
with the requirements set forth in Sections 10-3 and 10-4
hereof.
Section 10-14. Incontestability Provision in Bonds.
Any ordinance issued pursuant to the provisions of this
Chapter which authorizes the issuance of special improvement
bonds may provide that each bond therein authorized shall
recite that it is issued under the authority of the City
Charter and the procedure ordinance or ordinances adopted
pursuant to the City Charter. Such recital shall conclusively
impart full compliance with all of the provisions thereof,
and all bonds issued containing such recitals shall be incon-
testable for any cause whatsoever after their delivery for
value."
Section 2. Safety Clause. The City Council hereby
finds, determines, and declares that this ordinance is promul-
gated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and
welfare of the public, and that this ordinance is necessary
for the preservation of health and safety and for the protection
of public convenience and welfare. The City Council further
determines that the ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application
thereof to any person or circumstance shall for any reason
be adjudged by a court of competent jurisdiction invalid,
such judgment shall not affect, impair, or invalidate the
remainder of this ordinance or its application to other
persons or circumstances.
Section 4. This ordinance shall take effect 15 days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a
vote of 6 to 0 this 28th day of June , 1982;
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 July 12 , 1982, 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 E to 0 this 12th day
of July 1982
.~~-~~SIGNED by the Mayor on this 13th day of Jul y
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t
1st publication:
2nd publication:
Effective Date:
Frank Stites, Mayor
APPROVED AS TO FORM Y
erk OFFI TYiTO
July 1 1982
July 2~, 1982
August 6, 1982