HomeMy WebLinkAboutOrdinance-1996-1042
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Fields
Council Bill No. 37
Ordinance No. 1042
Series of 1996
TITLE:
AN ORDINANCE AMENDING CHAPTER 21 OF
THE CODE OF LAWS PERTAINING TO
STREET WIDTH DESIGNATION
WHEREAS, Section 5.20 of the City Charter for the City of
Wheat Ridge provides for the determination by the City Council of
street widths;
WHEREAS, the City Council desires to amend Chapter 21 to
specify the process and procedure for implementing Section 5.20 of
the City Charter.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
Section 1. Section 21-4 of the Code of Laws for the City of
Wheat Ridge, Colorado, is hereby added to Chapter 21 read as
follows:
Sec. 21-4 Street Width Designation
(1) Purpose. The purpose of this section is to implement
section 5.20 of the City Charter of Wheat Ridge
pertaining to the designation of street widths.
(2) Definitions. For purpose of this section 21-4, the
following terms shall have the meaning indicated:
(a) Flowline. The measurement from the
inside edge of one curb to the
inside edge of the opposite curb.
Where no curb exists, flowline shall
be the measurement from the outside
edge of one side of the driving
surface of the street to the outside
edge of the opposite side of the
driving surface of the street.
(b) Street width. The width of a street
measured from flowline to flowline.
(c) Street Width Designation. The width
of a street measured from flowline
to flowline as determined by the
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City Council in accordance with this
section 21-4.
(3) Public hearing required. No earlier than one (1) year
prior to construction or reconstruction of any street,
the City Council shall hold a public hearing to determine
and approve the Street Width Designation for such street.
(4) Notice. At least fifteen (15) days prior to such
hearing, a public notice of the date, time, and purpose
of the hearing shall be published in a newspaper used by
the City for the publishing of legal notices. Notice
shall also be provided by the mailing of a certified
letter to all property owners within three hundred (300)
feet of both sides of the street proposed for street
width designation. Owners of land shall be considered
immediately adj acent or contiguous to the street, or
within three hundred feet of the street edge despite the
existence of intervening land or right-of-way owned by
the City.Such mailed notice shall contain:
(a) A description of the street width designation to be
proposed for the street and a statement that the
specific plans are available for inspection at the
Wheat Ridge Municipal Building;
(b) An explanation of the right of property owners to
protest such proposed street width designation
along with a description of the procedure for the
exercise of such right; and
(c) The full and complete text of section 5.20 of the
City Charter.
(5) Adoption of Street Width Designation. Adoption of a
resolution setting a Street Width Designation shall
require the affirmative vote of a majority of the City
Council present and voting unless a valid written protest
is filed with the City Council prior to the conclusion of
the public hearing. Upon the receipt of a valid written
protest, a 3/4 vote of the entire City Council shall be
required for approval of a resolution setting a Street
Width Designation.
(6) Protest. Prior to the conclusion of the public hearing,
a protest against a proposed street width designation may
be filed with the City Council. Such protest shall be in
a form prepared by the City Clerk and must be signed by
the owners of either:
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(a)
Twenty (20)
adj acent or
street; or
percent of
contiguous
the property immediately
to either side of such
(b) Ten (10) percent of the property lying within three
hundred (300) feet of either side of such street.
Property need not be entirely contained within the three
hundred foot area to be used in the computation of the
ten percent necessary to file a protest; provided that
only the portion of the property actually lying within
three hundred (300) feet of the street edge shall be used
to compute the ten (10) percent required for the filing
of a protest. City-owned property or right-of-way shall
be excluded from the computation of the required
percentage of properties necessary for the filing of a
valid protest. Owners of land shall be considered
immediately adjacent or contiguous to the street, or
within three hundred feet of the street edge despite the
existence of intervening land or right-of-way owned by
the City.
(7) Elections. Following the adoption of a resolution
approving a Street Width Designation, an election may be
called and held for the purpose of referring the
designation to voters in accordance with the requirements
of Section 5.20 of the City Charter.
(8) Additional forms and instructions. The City Clerk may
create and maintain forms and petitions instructions not
inconsistent with this section 21-4 or section 5.20 of
the City Charter which are necessary to implement the
requirements of this section 21-4.
Section 2. 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 3. Severabilitv. If any clause, sentence, paragraph,
or part of this Ordinance or 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.
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Section 4. Inconsistent Ordinances. All other ordinance or
portions thereof inconsistent or conflicting with this ordinance or
any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of Repeal or Modification. The repeal or
modification of any provision of the Code of Laws of the City of
Wheat Ridge by this ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred
under such provision, and each provision shall be treated and held
as still remaining in force for the purposes of sustaining any and
all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as
for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits,
proceedings, or prosecutions.
Section 6. This Ordinance shall take effect fifteen (15) days
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 29th day of July , 1996, 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 August 12 ,1996, at 7:00 o'clock p.m., in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ,
reading by
1996 .
ADOPTED AND ORDERED PUBLISHED on second and
a vote of 8 to 0, this 12th day of August
final
SIGNED by the Mayor on this
13th
day of
August
, 1996.
ATTEST:
~~ ~\l'.d~\ SJ~~
WANDA SANG, ~ITY CLERK \~~
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DAN WILDE, MAYOR
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1st publication: August
2nd Publication: Au&ust
Wheat Ridge Transcrlpt
Effective Date: August
2, 1996
16, 1996
31, 1996
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