HomeMy WebLinkAboutOrdinance-1995-1003
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 19 Ordinance No. 1003
Series of 1995
TITLE:
AN ORDINANCE AMENDING CHAPTER 21 OF THE
WHEAT RIDGE CITY CODE CONCERNING STREETS
AND SIDEWALKS.
WHEREAS, the City Council is empowered by Sections 5.8 and
5.10 of the Charter of the city of Wheat Ridge to enact ordinances,
and
WHEREAS, pursuant to section 6 of Article XX of the
Constitution of the State of Colorado, the ordinances of the City
of Wheat Ridge which extend to its local and municipal matters
shall supersede, within the territorial limits and other
jurisdiction of the City, any law of the state in conflict
therewith; and
WHEREAS, the City Council is authorized to vacate any roadway
or part thereof located within the corporate limits of the City of
Wheat Ridge pursuant to section 43-2-303, C.R.S. and subject to the
provisions of the Charter of the City of Wheat Ridge and the
constitution and statutes of the state of Colorado; and
WHEREAS, the City Council desires to retain certain rights-of-
way or easements when vacating roadways pursuant to section 43-2-
303, C.R.S.;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1.
amended by
follows:
Chapter 21 of the Wheat Ridge City Code is hereby
the addition of a new Section 21-2 which shall read as
Sec. 21-2. vacation of Roadways; Reservations of Rights.
Notwithstanding provisions of the Colorado Revised
Statutes to the contrary, the City council, when vacating a roadway
pursuant to Sections 43-2-301 et seq., C.R.S., may reserve rights-
of-way, easements or other interests in said roadway for any of the
existing or future sewer, gas, water or similar pipelines and
appurtenances, pedestrian walkways, ditches or canals and
appurtenances, and electric, cable television, telephone, and
similar lines and appurtenances. This list of rights-of-way and
easements is for illustrative purposes only and is not intended to
be a complete list of the rights-of-way or easements which can be
VEM\53027\120128.2
Ordinance No. 1003
Page 2
reserved pursuant to this section, it being the intent of this
section to empower the City to reserve any interest, of whatever
kind or nature, in the vacated roadway.
section 2. Safetv Clause. The City Council hereby finds,
determines and declares that this ordinance is promulgated under
the general powers 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
circumstances shall for any reason be judged 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 fi nal
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 22nd day of May , 1995, 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 June 12 , 1995, at 7:00 o'clock p.m., in
the 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 12th day of June , 1995.
~M.cLv
Dan Wilde, Mayor
11 Ii
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Wanda Sang, city ~~rk
VEM\53027\120128.2
Ordinance No. 1003
1st Publication: June 1, 1995
2nd Publication: June 22, 1995
Jefferson Sentinel
Effective Date: July 7, 1995
VEM\53027\120128 2
Page 3
APPROVED AS TO FORM BY CITY
ATTORNEY'
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Gerald E. Dahl,
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City Attorney