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HomeMy WebLinkAboutOrdinance 1556CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 11 Ordinance No. l556 Series of 2014 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2014 ELECTION, CONCERNING A STREET WIDTH DESIGNATION FOR PORTIONS OF 38TH AVENUE WHEREAS , the City Council of the City of Wheat Ridge , Colorado has the authority to refer ballot questions to the electorate pursuant to Section 6 .3 of the Home Rule Charter and CRS 31 -11-111 ; and WHEREAS , the Council wishes to refer a ballot question concerning a street w idth designation for portions of 381h Avenue. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred . The following ballot question is hereby referred to the electorate of the City at the November 4 , 2014 election: SHALL A STREET WIDTH FOR 38TH AVENUE BETWEEN UPHAM STREET AND MARSHALL STREET BE ESTABLISHED BY CITY COUNCIL IN ORDER TO IMPLEMENT THE VISION OF THE 38 TH AVENUE CORRIDOR PLAN TO REVITALIZE THE 38TH AVENUE CORRIDOR BETWEEN UPHAM STREET AND MARSHALL STREET INTO A MAIN STREET BUSINESS DISTRICT TO INCLUDE WIDER PEDESTRIAN SIDEWALKS , AMENITY ZONES WITH LANDSCAPING AND SEATING AREAS , ON-STREET PARKING , PUBLIC ART, AND COMMUNITY GATHERING PLACES , SUCH THAT THE STREET WIDTH FOR 38TH AVENUE BE ESTABLISHED AT 47 FEET FROM UPHAM STREET TO HIGH COURT , 41 FEET FROM HIGH COURT TO 230 FEET EAST OF HIGH COURT , AND 35 FEET FROM 230 FEET EAST OF HIGH COURT TO MARSHALL STREET? Section 2. Safetv 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 publ ic 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 . Secti on 3 . Severabi lity; Con fl icti ng Ordi nan ces Repea le d. 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 ord inances or parts of ordinances in confl ict with the provisions of this Ordinance are hereby repealed . Section 4. Effect ive Date . This Ordinance shall take effect immed iately upon adoption at second reading , as permitted by the Charter INTRODUCED , READ , AND ADOPTED on first reading by a vote of 7 to 0 on this 11th day of August , 2014, 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 fo r August 25 , 2014. 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 o , this 25th day of August • 2014 . SIGNED by the Mayor on this ATTEST: nelle Shaver, City Clerk A ~· Gerald E. Dahl , City Attorney First Publication : August 14 , 2014 Second Publication : August 28 • 2014 Wheat Ridge Transcript Effective Date : Au gust 25 , 2014 25 th day of __ Au....::g._u_st _ ___,_~---' 2014 . {-~~ 2