HomeMy WebLinkAboutOrdinance-2003-1315
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Sanq
Council Bill No 45-2003
Ordinance No 1 31 5
Series of 2003
TITLEo AN ORDINANCE CONCERNING COST RECOVERY FOR
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the City requires that owners of new site development construct
public improvements in the form of streets, curbs, gutters, sidewalks and storm
water detention and conveyance facilities to serve such development, and
WHEREAS, it is inequitable that subsequent site developments which use or
benefit from such public improvements not be required to share in the cost thereof
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section '0 Section 26-110 of the Wheat Ridge Code of Laws is amended by
the addition of a new subsection C, to reado
Co REIMBURSEMENT
IMPROVEMENTS.
FOR
PUBLIC
WHERE A PROPERTY EXISTS ADJACENT TO AN
UNIMPROVED OR UNCONSTRUCTED STREET RIGHT-OF-
WAY OR DRAINAGEWAY, THE APPLICANT FOR SITE
DEVELOPMENT OF SUCH PROPERTY SHALL BE
RESPONSIBLE FOR CONSTRUCTION OF PUBLIC
IMPROVEMENTS TO THAT STREET , RIGHT-OF-WAY, OR
DRAINAGEWAY, INCLUDING AN ENGINEERED
ROADWAY DESIGN, PAVING, CURB, GUTTER,
SIDEWALK. AND STORM WATER DETENTION AND
CONVEYANCE FACILITIES. THE CITY MAY REQUIRE, AS
A CONDITION OF AND AT THE TIME OF SITE
DEVELOPMENT APPRO V AL OF ADJACENT PROPERTIES
BENEFITED BY SUCH PUBLIC IMPROVEMENTS, THAT
THE APPLICANT OR APPLICANTS FOR SITE
DEVELOPMENT INITIALLY PAYING FOR SUCH PUBLIC
IMPROVEMENTS BE REIMBURSED BY THE APPLICANT
FOR SUBSEQUENT SITE DEVELOPMENT, CONSISTENT
WITH THE DEGREE TO WHICH THE ADJACENT
DEVELOPMENT IS BENEFITED BY SUCH PUBLIC
IMPROVEMENTS SUCH REIMBURSEMENT SHALL BE
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ON A PRO RATA BASIS DETERMINED IN A
REIMBURSEMENT AGREEMENT ENTERED INTO
BETWEEN THE CITY AND THE INITIAL DEVELOPER.
Section 20 Safety Clauseo 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 attainedo
Section 30 Severability; Conflictinq Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances In conflict
with the provisions of this ordinance are hereby repealed
Section 40 Effective Dateo This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 1 to Q on
this 24th day of November, 2003, 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 8, 2003, at 7'00 o'clock pm, in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Coloradoo
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of .a to Q, this 8th day of December, 2003.
SIGNED by the Mayor on this 9th day of December, 2003.
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, J Gretchen Cerveny, Mayor
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GED'.53027'44564801
ATTEST
First Publication: November 27, 2003
Second Publication: December 11, 2003
Wheat Ridge Transcript
Effective Date' b 26 2003
Decem er ,
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Gerald E. Dahl, City Attorney