HomeMy WebLinkAboutOrdinance-1983-0517INTRODUCED BY COUNCILMEMBER Merkl
ORDINANCE NO. 517
Series of 1982
TITLE: AN ORDINANCE AMENDING SECTIONS 10-5, 10-61 AND 10-12 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
IMPROVEMENT DISTRICTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
WHEREAS, Ordinance No. 497, Series of 1982, adopted by a vote
of eight to zero on July 12, 1982, contained typographical
errors and omissions which were not detected at the time of
passage and publication;
WHEREAS, the City Council of the City of Wheat Ridge wishes to
correct said typographical errors and omissions;
NOW, THEREFORE, the City Council of the City of Wheat Ridge
finds as follows:
Section 1. Section 10-5 of Ordinance No. 497 is repealed and
reenacted as Section 10-6,and all provisions thereof shall
remain as originally enacted.
Section 2. The Code of Laws of the City of Wheat Ridge is hereby
amended by adding thereto a new Section 10-5 which shall read as
follows:
"Section 10-5. Notice and Setting of Hearing.
(a) At its regular meeting immediately following the
filing of the petition, the City Council shall set a date
for a hearing to be held on the petition, which date shall
not be less than thirty, nor more than sixty days after the
date upon which the petition was filed with the City Clerk.
(b) The City Clerk shall cause a notice of the hearing
conforming with the requirements of Section 10-6 hereof, to
be published once a week for three consecutive weeks in a
newspaper of general circulation in the City. The City
Clerk shall also mail a copy of the notice to each owner
of record of real property within the proposed District."
Section 3. Section 10-12 of the Code of Laws is hereby repealed
in its entirety and reenacted as follows:
"Section 10-12
Annual Levy.
(a) As long as the District shall remain in existence,
the City Council may, no later than November 1 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 subsection (a)
hereof, shall not exceed the levy set forth in the petition
which initiated the creation of the District, unless a sub-
sequent petition signed by at least fifty (50) percent of
the then owners of record of real property within the
PAGE TWO
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 require-
ments set forth in Sections 10-3 and 10-4 hereof."
Section 4. Safety Clause. The City Council hereby finds, determines
and declares that this ordinance is promulgated 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 5. 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 6. This ordinance shall take effect 1 day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7
to 0 this 22nd day of November , 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 December 13 , 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 8 to 0 this 13th day of December , 1982.
SIGNED by the Mayor this 14th day of December, 1982.
l~
Frank Stites, Mayor
ATTEST:
C o F. Ham City erk
lst publication Nov. 25, 1982
2nd publication Dec. 23, 1982
Wheat Ridge Sentinel
Effective Date: Dec. 24, 1982
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY
John E. Hayes