Loading...
HomeMy WebLinkAboutOrdinance-2003-1308 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No 35-2003 Ordmance No 1308 Series of 2003 TITLE AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF LAWS PERTAINING TO STREET WIDTH DESIGNATION WHEREAS, SectIOn 5.20 of the Charter for the City of Wheat Ridge provides for the determmatlon by the City Council of street widths, WHEREAS, on August 13,1996 the City Council amended Chapter 21 by Ordmance 1042, to speCify the process and procedure for Implementmg Section 5.20 of the Charter; and WHEREAS, the matenal added by that ordmance was madvertently deleted from the Code of Laws by a recodification in 2001, and the Council wishes to reinstate said matenal, With amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS SectIOn 1 EXlstmg SectIOns 21-3 and 21-4 ofthe Code of Laws are renumbered as SectIOns 21-4 and 21-5, respectively SectIOn 2. as follows. A new SectIOn 21-3 ofthe Code of Laws is hereby enacted to read Sec 21-4 Street Width Designation (a) Purpose. The purpose of this section is to Implement sectIOn 5.20 of the Charter pertammg to the deSignatIOn of street widths. (b) Definitions For purpose of this section the followmg temlS shall have the meaning mdlcated. (1) Flowline. The measurement from the mSlde edge of one curb to the mSlde edge ofthe opposite curb Where no curb eXists, flowlme shall be the measurement from the outside edge of one Side ofthe dnvmg surface of the street to the outSide edge of the opposite Side of the dnvmg surface of the street. (2) Street Construction. The mitial constructlOn of a street, mcluding pavement and/or curb and gutter. (3) Street Reconstruction. The improvement of an existmg street or Improvement of more than two hundred feet (250') of an eXlstmg street consisting of removal of pavement, curb and/or gutter, If existmg, and construction of new pavement, and/or curb and gutter ConstructIon of modificatIons to a street, such as landscape features, traffic calming devices, and acceleratIon or deceleratlOn lanes, whIch do not change the general street WIdth, as defined herem, are not consIdered street reconstructIOn. (4) Street width. The width of a street measured from flowline to flowlme. (5) Street Width Designation. The WIdth of a street measured from flowline to flowlme as determmed by the CIty Council m accordance WIth Charter Sec. 5.20 (c) 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 determme and approve the Street Width DeSIgnatIon for such street. NotIce of the date, tIme, and purpose of the hearIng shall be gIven as reqUIred by Charter Sec. 5.20 (d) Approval of Street Width Designation. Street Width DeSIgnatIOn may be accomplIshed by motIon, resolutIOn or ordmance of the council. Where a street WIdth IS bemg establIshed as a part of a new subdIVISIOn, the WIdth may be approved at the tIme of the final approval for the subdlvlslono Street widths which are to be altered by street reconstructlOn may be approved by motIon or resolutIOn of the Council. Any Street Width DeslgnatlOn shall reqUIre the affirmatIve vote of a majorIty of the CIty CouncIl present and votmg unless a valid written protest, m accordance WIth Charter Sec. 5.20, IS filed with the CIty CounCIl prIor to the conclUSIOn of the publIc hearIng. Upon the receIpt of a valId written protest, a % vote of the entire City Council shall be required for approval of the affected Street Width Designation. (e) Elections Followmg approval of a Street Width Designation, an election may be called and held for the purpose of refemng the deSIgnation to voters m accordance WIth the requirements of SectlOn 5.20 of the City Charter (f) Additional forms and instructions. The CIty Clerk may create and mamtam forms and mstructIons not inconSIstent WIth thIS sectlOn or sectIon 5.20 ofthe Chartcr whIch are necessary to Implement the reqUIrements of this scction. SectIon 3 Safety Clause. The CIty CouncIl hereby finds, determines, and declares that thIS Ordmance IS promulgated under the general police power of the CIty of Wheat RIdge, that It IS promulgated for the health, safety, and welfare ofthe public and GED\53027\449931.2 2 that this Ordmance 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 Ordmance bears a ratIOnal relatIon to the proper legislative object sought to be attamed. Section 4 Severability If any clause, sentence, paragraph, or part of this Ordmance or ApplicatIOn thereof to any person or circumstances shall for any reason be Judged by a court of competent JunsdlctlOn mvalid, such Judgment shall not affect, Impair or mvalidate the remainder of this Ordmance or ItS applicatIOn to other persons or Circumstances. Section 50 InconSistent Ordmances. All other ordmance or portions thereof inconSistent or conflicting with this ordinance or any portIOn hereof are hereby repealed to the extent of such mconslstency or confliCt. Section 6 This Ordmance shall take effect fifteen (15) days after final publicatIOn, as proVided by the Charter INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 6 to 2 on thiS 11 th day of August 2003, ordered published III full m a newspaper of general circulation III the City of Wheat Ridge and Public Heanng and consideratIOn on final passage set for September 8, 2003, at 7'00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readymg by a vote of 6 to 2 , thiS ~day of September ,2003. SIGNED by the Mayor on thiS 11 thday of September ,2003 ATTEST ~ gMtutL-Li4<~ Wanda Sang, City Cler GED'53027\449931.2 3 ~ AS TO FORM BY CITY ATTORNEY -42~ Gerald E. Dahl, City Attorney 1 st PublIcatIOn. August 14, 2003 2nd PublIcation. September 18, 2003 Wheat RIdge Transcript EffectIve Date. October 3, 2003 GED\53027\449931.2 4