HomeMy WebLinkAbout08-26-2024 - City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO August 26, 2024
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at
7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on
August 26, 2024) 3. Virtually attend and participate in the meeting through a device or phone:
• Click here to pre-register and provide public comment by Zoom (You must
preregister before 6:00 p.m. on August 26, 2024)
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
Study Session Notes, August 5, 2024
City Council Meeting Minutes, August 12, 2024
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
National Suicide Prevention Month
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item.
c. Members of the Public may comment on any agenda item in writing by noon on
the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
1. CONSENT AGENDA
a. Resolution No. 38-2024 – a resolution giving notice of and calling for a special municipal election to be held November 5, 2024
b. Resolution No. 39-2024 – a resolution authorizing the appropriate city officials to execute an Intergovernmental Agreement by and between the County of Jefferson,
State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2024.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 14-2024 - an ordinance submitting a ballot question to the voters of the
City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus
3. Council Bill No. 15-2024 - an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge
Home Rule Charter to eliminate redundant references, conform to current statutory and
case law and make other non-substantive revisions
4. Council Bill No. 16-2024 – an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making conforming amendments therewith
5. Council Bill No. 17-2024 – an ordinance amending Sections 2, 11, and 26 of the Wheat
Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same
ORDINANCES ON FIRST READING
6. Bond Ordinance 18-2024 – an ordinance authorizing the issuance by the City of Wheat
Ridge, Colorado of its Sales and Use Tax Revenue Refunding and Improvement Bonds,
Series 2024; and providing other details in connection therewith
7. Council Bill No. 19-2024 – an ordinance amending Title 19, Article IV of the Wheat Ridge Code of Laws concerning disposition of lost or abandoned property
DECISIONS, RESOLUTIONS, AND MOTIONS
8. Resolution No. 40-2024 – a resolution amending the City’s administrative fine schedule
to provide a fine schedule for short-term rental code violations
9. Resolution No. 41-2024 – a resolution amending the 2024 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $200,000 for the purpose of accepting Congressionally Directed Spending for the Clear
Creek Makerspace Phase II Project
10. Resolution No. 42-2024 – a resolution supporting the JeffCo Housing Blueprint, a collaborative plan to increase housing options that are affordable in Jefferson County and facilitate partnerships across jurisdictions and agencies within Jefferson County
11. Resolution No. 43-2024 – a resolution in support of the ballot measure to continue RTD’s authorization to collect, retain and spend revenues from all sources, without imposing any new tax or increasing any tax rate, as originally approved by voters in
1999
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
Hybrid - Virtual Meeting
August 5, 2024
1. Call to Order
Mayor Starker called the Special Study Session to order at 6:30 p.m.
2. Attendance
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members of
Council were present in Council Chambers for this session.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda
Weaver, Korey Stites, Dan Larson, Leah Dozeman, and Scott Ohm (via Zoom).
Also present: City Manager, Patrick Goff, Director of Community Development Lauren
Mikulak; Director of Public Works Maria D’Andrea; Director of Economic Development
Steve Art, City Attorney Gerald Dahl, Senior Deputy City Clerk Margy Greer, and other
staff and interested residents.
3. Public’s Right to Speak
In person
Bob Rassell, resident of Wheat Ridge, spoke about the high density in the proposed
Lutheran Legacy Campus. He stated that the City is proposing buffer zones around
everything except his neighborhood on north side of hospital. He spoke about the
height of the buildings. He is concerned about the lack of adequate parking around the
property, and it will ruin their neighborhood. He spoke about the relationship the
neighborhood had with Lutheran, wherein they could call Security at the hospital and
security would not allow Lutheran’s employees to park in their neighborhood.
Wheat Ridge Speaks:
Item No. 1 - MEMO - Lutheran Campus Ballot Measure Posted by Chuck Moozakis, Resident I appreciate the 30-foot height restrictions (instead of the 35-foot restriction) to any new houses built adjacent to Allison Court, but the elevation gain between the street and the property to the west of the existing houses will still give the appearance of much taller dwellings. I'm hoping there will be some effort to plant new trees/landscaping as a buffer. This will be an even greater issue with the five-story buildings proposed in the center of
the campus, here the elevation gain between Allison Court and the Rocky Mountain Ditch is far more pronounced..... One other quick comment: It just seems that the request for a height waiver is based on an implied threat: If the waiver isn't approved, then no open space. There are no other alternatives. There were no public comments via Zoom.
4. Lutheran Legacy Campus – Draft Ballot Measure
City Manager Patrick Goff read the Issue Statement into the Record.
The Lutheran Legacy Campus (LLC) Master Plan was adopted in 2021, and
implementation of the plan’s vision requires that the City Charter be amended to modify
the building height limitations in the interior of the campus. Such amendment requires a
ballot measure, and Magellan Strategies has recently obtained input from Wheat Ridge
residents to measure support for or against a proposed ballot measure. A first round of
polling occurred in early May, and a second round of polling was conducted from July
17 to July 28, 2024. The purpose of the August 5th study session is:
• To review and discuss the results of the July polling; and
• To review, amend, or approve the proposed ballot question.
Ryan Winger from Megellan Strategies presented the second round of polling by Wheat
Ridge residents. He gave a PowerPoint presentation including demographics, results of
questions regarding Lutheran Hospital moving, the Lutheran Legacy Campus Master
Plan, charter changes on the ballot, how the plan came about, current zone, proposed
change in zoning, and likely approval of a charter change. Respondents showed
positive results with better support for lower heights than higher. Height differences
were not a part of the first survey.
After Mr. Winger answered questions from City Council, they approved having staff
move forward with putting the proposed ballot language on the ballot in November.
5. Wheat Ridge Prosperity Plan Update
Issue
The Economic Development Division of the City Manager’s office is actively in the
process of creating an updated Economic Development Strategic Plan. This strategic
plan is being branded as the Wheat Ridge Prosperity Plan (the Plan) and is being
developed as a stand-alone document to be used by the City Manager’s Economic
Development Division (as well as key partners). The City has contracted with
Progressive Urban Management Associates (P.U.M.A.) to develop the Plan, who will
provide an update on findings to-date and discuss the Plan’s emerging goal and
objectives framework. A final Plan is anticipated to be delivered in September 2024.
Director of Economic Development Steve Art spoke to the prosperity plan and
introduced Brad Segal, Andrea Baglonne , and Arleen Tanwaki who joined via Zoom.
Mr. Segal stated there were four goals for Economic Prosperity: 1) The corridors,
nodes, and redevelopment; 2.) jobs, innovation, light manufacturing; 3) attainability and
quality of life; and 4) business support ecosystem. He reviewed the strategies and
tactics for each of these goals.
They gave a PowerPoint presentation regarding the process and proposed goals for
prosperity in Wheat Ridge. The process included the community and business outreach
done, the market analysis completed, the key takeaways, goal framework, emerging
objectives and strategies for implementation. He thanked the Strategic Advisory Team
for volunteering their time and expertise in helping the plan move forward. Andrea
Buglione reviewed the above items in some depth with City Council.
Segal and Buglione spoke in detail about the comprehensive analysis, market research,
north/south and east/west corridors and nodes, urban renewal projects, economic
drivers, demographics, regional market trends, sales tax reviews, building permits, real
estate comparisons, possible combining of the various economic groups in Wheat
Ridge, development opportunities and more.
Mr. Segal stated that Wheat Ridge has district competitive advantages such as location,
quality of life, amenities, historic characters, underpinning a strong market outlook and
future opportunities.
Arleen Taniwaki spoke to the sales tax, generated by corridor businesses and how Wheat
Ridge is showing a strong sales tax income compared to surrounding cities.
After Council discussion, Council gave staff direction to being implementing the plan.
6. Overview of Roundabouts Effectiveness and Application
Patrick Goff introduced Public Works Director Maria D’Andrea, who gave a PowerPoint
presentation and stated the Issue for Council.
Issue
Roundabouts are increasingly being used as an effective traffic management solution at
intersections. They are designed to improve traffic flow and safety by reducing the
number of conflict points and the potential for high-speed collisions. This report provides
a comprehensive overview of roundabouts, including their benefits, operational
guidelines, and best practices for their use.
D’Andrea spoke to the advantages of Roundabouts including improving safety – both for
drivers and pedestrians/bicyclists; enhancing traffic flow and reducing congestion;
environmental impacts such as reducing pollution and fuel use; and they are cost-
effective since it saves operation and maintenance costs.
She also spoke to the challenges of Roundabouts such as accommodating large
vehicles; vehicle capacity constraints; increased ROW requirements; increased delay to
vehicles on higher volume streets and accommodating visually impaired pedestrians.
Maria D’Andrea spoke about the differences between Roundabouts and Traffic Circles
and showed photographs of each.
She stated that they are currently working with Edgewater on a Roundabout at 26th
Avenue and Harlan Street, with Edgewater taking the lead on the project. She stated
another area they are evaluating is at 38th Ave and Parfet St.
Council members stated their excitement about Roundabouts due to the safety, speed-
reduction, and pedestrians/bicycle accessibility. They also shared ideas on types of
traffic control and intersections where they may be helpful.
7. Staff Report(s)
No report.
8. Elected Officials’ Report(s)
Mayor and Council Members gave reports on the Carnation Festival, Happyness
Gardens, Localworks’ block party materials, the move of Lutheran Hospital, and more.
9. Adjournment
Mayor Starker adjourned at 8:34 p.m.
_________________________________
Margy Greer, Senior Deputy City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 12, 2024 Note: This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag.
3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson, and Leah Dozeman.
Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City
Attorney Gerald Dahl; Sr. Deputy City Clerk Margy Greer, Director of Public Works Maria D’Andrea; Director of Community Development Lauren Mikulak; Police Chief Chris Murtha, Director of Parks and Recreation Karen O’Donnell, other staff, guests and interested members of the public. 4. Approval of Minutes July 22, 2024 – Regular City Council Meeting Minutes Without objection or correction, the minutes were approved as presented. 5. Approval of Agenda
Council Member Dozeman asked for Item 8.- Resolution No. 38-2024, to be removed from tonight’s Agenda. Mayor Starker stated it would be removed from the Agenda. 6. Public’s Right to Speak
In Person
None
Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom.
7. Consent Agenda
None
Public Hearings and Ordinances on Second Reading 8. Council Bill No. 13-2024 – an ordinance amending Section 26.464.F of the Wheat Ridge Code of Laws regarding approval of nonconforming accessory dwelling units Council Member Hultin read the Issue Statement into the Record.
Issue The proposed ordinance extends the grace period to legalize existing dwellings that may qualify as accessory dwelling units (ADU) from August 15, 2024, to August 15, 2026.
Council Member Hultin made a motion to approve Council Bill No. 13-2024, an ordinance amending Section 26.464.F of the Wheat Ridge Code of Laws regarding approval of nonconforming accessory dwelling units, on second reading, order it
published, and that it takes effect immediately. It was seconded by Council Member Hoppe. Vote: 8 Ayes. No Nays. The motion carried. Ordinances on First Reading 9. Council Bill No. 14-2024 – an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran
Hospital Campus. Mayor Pro Tem Stites read the Issue Statement into the Record:
Issue
The Lutheran Legacy Campus (LLC) Master Plan was adopted in 2021 and
implementation of the plan’s vision requires that the City Charter be amended to modify
the building height limitations of the campus. This ordinance sets the ballot language for
the November 5th election which is due to the Jefferson County Clerk and Recorder on
September 6th.
Mayor Pro Tem Stites made a motion to approve Council Bill No. 14-2024, an ordinance
submitting a ballot question to the voters of the City at the November 5, 2024, Special
Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital Campus, on first reading, order it published, the public hearing set for Monday, August 26, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately. It was seconded by Council Member
Ohm.
Vote: 8 Ayes. 0 Nays. The motion carried.
10. Council Bill No. 15-2024 – an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions
Council Member Snell read the Issue Statement into the Record:
Issue Amendments to the City Charter to update and modernize the language, including
provisions to remove ambiguities, clerical errors, and outdated provisions, provide
additional flexibility in City operations, and ensure gender and citizenship neutrality. This
ordinance sets the ballot language for the November 5th election which is due to the
Jefferson County Clerk and Recorder on September 6th.
Council Member Snell made a motion to approve Council Bill No. 15-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024, Special Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant
references, conform to current statutory and case law and make other non-substantive
revisions, on first reading, order it published, the public hearing set for Monday, August 26, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately. It was seconded by Council Member Hoppe.
Vote: 8 Ayes. 0 Nays. The motion carried.
11. Council Bill No. 16-2024 – an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making conforming amendments therewith
Council Member Ohm read the Issue Statement into the Record: Issue The proposed ordinance makes necessary updates to the City’s zoning and
development code to modernize, clarify, and update landscape design requirements.
This repeal and re-enactment of the ordinance updates standards to address more
water efficient design, and it reorganizes and clarifies code to make requirements easier
to understand by all users.
Council Member Ohm made a motion to approve Council Bill No. 16-2024, an ordinance amending Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s landscaping requirements and making conforming amendments therewith, on first
reading, order it published, the public hearing set for Monday, August 26, 2024, at 6:30
p.m. as a virtual meeting and in City Council Chambers, and that it take effect fifteen (15) days after final publication. It was seconded by Council Member Stites.
Vote: 7 Ayes (Snell, Ohm, Hultin, Weaver, Stites, Hoppe, and Dozeman) 1 Nay (Larson). The motion carried.
12. Council Bill No. 17-2024 – an ordinance amending Section 2, 11, and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same
Council Member Larson read the Issue Statement into the Record:
Issue In February 2021, City Council enacted legislation concerning the licensing and
enforcement of short-term rentals (STRs). Since that time, staff has worked to
implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and
enforcing the codified regulations. Through the implementation of the program, both
members of Council and staff identified necessary amendments to the Code to improve
the STR program. This ordinance amends the Code based on direction received from
City Council on June 3, 2024.
Council Member Larson made a motion to approve Council Bill No. 17-2024, an ordinance amending sections 2,11, and 26 of the Wheat Ridge Code of Laws, regarding
short-term rental district caps, reporting requirements for hosting platforms, and
enforcement procedures for same, on first reading, order it published, the public hearing set for Monday, August 26, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen (15) days after final publication. It was seconded by Council Member Ohm.
Vote: 8 Ayes. 0 Nays. The motion carried. Decisions, Resolutions, and Motions
13. Resolution No. 36-2024 – a resolution supporting an application to the Jefferson County Open Space Trails Partnership program to request funding for Clear Creek Trail concrete improvements Council Member Weaver read the Issue Statement into the Record:
Issue The City is eligible to apply for funding from the Jefferson County Open Space (JCOS)
Trails Partnership Program for trail-related improvement projects. The 2024 proposal is
for funding to supplement the previously awarded CDOT Transportation Alternatives
Program (TAP) grant to replace concrete along certain segments of the Clear Creek
Trail. A resolution of support from City Council is required to submit an application.
Council Member Weaver made a motion to accept Resolution No. 36-2024 – a resolution supporting an application to the Jefferson County Open Space Trails Partnership program to request funding for Clear Creek Trail concrete improvements. It
was seconded by Council Member Stites.
After questions from Council, Karen O’Donnell explained that more detailed information regarding the improvements would be brought to Council once the funding was secured.
Vote: 8 Ayes. 0 Nays. The motion carried.
14. Motion to approve an agreement with and subsequent payments to ECI Site Construction Management, Inc. for construction of the Phase II Green at 38th Project for a total amount of $5,974,155 with a contingency of $300,000 for a total not to exceed
amount of $6,274,155.
Council Member Hoppe read the Issue Statement into the Record. Issue
ECI Site Construction Management, Inc. was retained in May 2023 as the construction
manager and general contractor (CM/GC) for the Green at 38th Project. Subsequently,
they were awarded a contract in March 2024 for Phase I of the project to relocate the
Steven’s Elementary parking lot. Approval of this agreement with ECI for Phase II of the
Green at 38th Project will complete the project with the construction of the park adjacent
to the new Stevens Elementary parking lot.
A representative of ECI Site Construction Management, Inc., spoke to Council about the
completion of Phase, the “not to exceed” amount in the contract, and the beginning of
Phase II.
Council Member Hoppe made a motion to approve an agreement with and subsequent payments to ECI Site Construction Management, Inc. for a construction of the Phase II Green at 38th Project for a total amount of $5,974,155 with a contingency of $300,000 for a total not to exceed amount of $6,274,155. It was seconded by Council Member Stites.
Vote: 8 Ayes.0 Nays. The motion carried. 15. City Manager’s Matters City Manager Patrick Goff stated that Saturday would be the kick-off of Phase II of the
Green at 38th Project. 16. City Attorney’s Matters No Comment.
17. Elected Officials’ Matters
Mayor and Council Members reported on events including the Carnation Festival, the
Art Show, the success of the City’s housing projects, and other events. 18. Adjournment There being no further business to come before City Council, Mayor Starker adjourned
the meeting 7:18 p.m.
PROCLAMATION National Suicide Prevention Month September
WHEREAS, National Suicide Prevention Month, in conjunction with National Suicide Prevention Week, is an annual month-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and warning signs of suicide; and
WHEREAS, by drawing attention to the problem of suicide in the United States, the campaign also strives to reduce the stigma surrounding the topic, as well as encourage the pursuit of mental health assistance and support people who have attempted suicide; and
WHEREAS, as part of the campaign, health organizations are encouraged to conduct depression screenings, including self-administrated and online tests, and refer interested individuals to a national suicide and crisis line – Call or text 988 or chat at
988lifeline.org; and
WHEREAS, since 1975, National Suicide Prevention Week awareness events are held throughout the week corresponding to World Suicide Prevention Day, which is recognized annually on the 10th of September; and
WHEREAS, the City provided funding to Jefferson Center to re-certify their Suicide Prevention Coordinator to be a QPR (Question, Presuade, Refer) Instructor to help save lives by teaching practical steps that anyone can take when they are concerned about someone who may be in crisis.
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim that September be declared ‘SUICIDE PREVENTION MONTH’ and the week of September 8-14, 2024, be declared ‘SUICIDE PREVENTION WEEK’ in the City of Wheat Ridge, Colorado.
IN WITNESS WHEREOF, on this 26th day of August 2024.
__________________________
Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 38-2024 – A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Margy Greer, Sr. Deputy City Clerk City Manager ISSUE:
The City Charter calls for a municipal election in every odd year to coincide with the elected terms for the Offices of the Mayor, Clerk, Treasurer and Council. Municipal elections are not held in the City of Wheat Ridge in even-numbered years unless a special election is warranted for a recall, referendum or initiative set forth by the electorate or the Council. In such cases, Charter Section 2.2. gives the Council the authority to call a special election.
City Council will refer two ballot questions to the electorate of the City of Wheat Ridge for the November 5, 2024 general election. Therefore, the City of Wheat Ridge is required to formally call a special municipal election for this date. PRIOR ACTION: None FINANCIAL IMPACT: The City has resolved to conduct this election as a coordinated election with the County of
Jefferson. In the IGA with the Jefferson County Clerk & Recorder, the City will agree to pay the relative additional costs determined and billed by the county to conduct the coordinated election for the City of Wheat Ridge.
Council Action Form – Special Election August 26, 2024 Page 2
BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law.
RECOMMENDATIONS: Staff recommends approval of the resolution ensuring the City of Wheat Ridge’s ability to coordinate ballot issues that City Council chooses to refer at the November general election. RECOMMENDED MOTION: “I move to approve Resolution No. 38-2024, a resolution giving notice of and calling for a special municipal election to be held on November 5, 2024.” Or,
“I move to postpone indefinitely Resolution No. 38-2024, a resolution giving notice of and calling for a special municipal election to be held on November 5, 2024 for the following reason(s) _________________.” REPORT PREPARED BY: Margy Greer, Sr. Deputy City Clerk Patrick Goff, City Manager Jerry Dahl, City Attorney
ATTACHMENTS: 1. Resolution No. 38-2024 2. Exhibit A – Proposed Charter Amendments
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CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 38 Series of 2024 TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024
WHEREAS, the Home Rule Charter for the City of Wheat Ridge, Section 2.2 requires that a special election shall be called by resolution or ordinance of the City Council not less than 60 days in advance of such special election; and
WHEREAS, Section 16.8 of the City Charter further provides that when there are
proposed changes to the City Charter, the Council must publish notice of and call an election thereon; and
WHEREAS, the City Council desires to give notice of and call a special election to be held on the same date as the general election: November 5, 2024, and to be coordinated with that election in cooperation with the office of the Jefferson County
Clerk and Recorder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE:
Section 1. Special Election Called Pursuant to the Wheat Ridge City Charter Sections 2.2 and 16.8, the City hereby gives
notice of and calls a Special Municipal Election to be held November 5, 2024 for the
purpose of referring the Ballot Questions set forth in Section 2 to the voters of the City in the manner set forth below:
• Date: November 5, 2024 • Polls Open: 7:00 a.m. to 7:00 p.m.
• Qualifications of persons entitled to vote: 18 years of age, registered to vote, resident of the City for at least thirty (30) days prior to the election. • Polling places: Wheat Ridge City Hall 7500 W. 29th Avenue Section 2. Ballot Questions Referred to Voters The purpose of the election is to place the Ballot Questions set forth below before the registered electors of the City; such questions are hereby referred to the Jefferson County Clerk and Recorder for inclusion on the coordinated election ballot:
Ballot Question 1. Shall the home rule charter of the City of Wheat Ridge Colorado be amended to: eliminate redundant references; conform to changes in Colorado legislation and court decisions; make uniform all references to persons and officers; clarify notice and publication requirements; clarify the duties of the mayor, city clerk, city
treasurer, city judge and city manager to reflect current practice; and correct
ATTACHMENT 1
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inconsistencies in reference to terms of office as a result of prior charter
amendments?
YES/FOR: ____ NO/AGAINST: ____
Full text of amendment:
Amend the Wheat Ridge Home Rule Charter as shown on Exhibit A attached
and fully incoroporated by this reference.
Ballot Question 2. In order to implement the City’s 2021 Lutheran Legacy Campus Master Plan, shall the Home Rule Charter of the City of Wheat Ridge, specifically Section 5.10.1 regarding building height, be amended for the former Lutheran Hospital
campus:
• to lower the maximum allowed height for residential structures to 30 feet (2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus; and
• to limit all structures to a maximum height of 70 feet (5 stories) in the interior portion of the campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West, and including an area southeast of Lutheran Parkway?
YES/FOR: ____ NO/AGAINST: ____
Full text of amendment:
The full text of the amendment referred to the electorate is the addition of subsection (h) to Section 5.10.1 of the City Charter:
Sec. 5.10.1. - Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or other action, or variance except as provided in subsection (e), allow the construction of buildings or other structures which exceed the following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and
agricultural districts, including any created after passage of this amendment; residential buildings when built in nonresidential districts; the hospital-one district; and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned industrial districts; the public buildings and facilities district;
commercial and office buildings constructed in the hospital-two district; and any nonresidential district created after passage of this amendment.
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(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for
new hospitals in the hospital-two district, on a minimum lot area of fifty (50)
acres; however, additions attached to existing hospitals in this district may be built to a height not to exceed the height of the existing building.
The height limitations established shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or
any commercial, business or industrial use, nor to windmills, chimneys,
ventilators, transmission towers, solar heating and cooling devices, water towers, antennas, or necessary mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish height limitations for these structures.
(b) […]
(h) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height contained herein shall be amended for the former Lutheran Hospital campus to restrict residential structures to a maximum height of 30 feet (2.5 stories) when in proximity to adjacent
residential neighborhoods east, west, and south of the campus and to limit all structures to a maximum height of 70 feet (5 stories) in the interior portion of the campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West including an area southeast of Lutheran Parkway (as shown as “Mixed-Use” on page 51 of the Lutheran Legacy Campus
Master Plan, adopted October 25, 2021). This shall not modify any current zoning on any property and shall preserve existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified through future ordinances approved by city council after public hearings.
Section 3. Effective date; publication. This Resolution shall be effective upon passage. The City Council hereby orders this Resolution published pursuant to City
Charter Section 16.8. DONE AND RESOLVED THIS 26th day of August 2024.
______________________
Bud Starker, Mayor ATTEST:
_____________________________ Margy Greer, Sr. Deputy City Clerk
-4-
EXHIBIT A
Full text of charter amendment for ballot question 1 [attached]
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 1 of 38
PART I
CHARTER1
PREFATORY SYNOPSIS
On November 2, 1976, the citizensresidents of Wheat Ridge voted for the creation of a Home Rule Charter
Commission and selected a diversified group of citizensresidents to draft a proposed Charter. The twenty-one (21)
elected members of the Charter Commission submit to the voters of the City their proposed Home Rule Charter
which has been framed in conformity with article XX of the Constitution of the State of Colorado and the Municipal
Home Rule Act of 1971.
The commission members have drafted a Charter to achieve a simple and direct form of local government
based upon sound principles. It is designed to meet the present and future needs of the citizensresidents of Wheat
Ridge. The underlying concept of this document is the need for a flexible and responsive government with
maximum financial control exercised by the citizensresidents. Such a philosophy emphasizes public involvement
and encourages citizen participation in matters of local and municipal concern. The commission believes that this
charter provides for effective government through local self-determination by separating legislative and
administrative branches.
The charter provides for the Council-Manager form of government. The mayor presides over council
meetings and possesses the power of veto. The mayor shall be the recognized head of the city government for all
legal and ceremonial purposes and shall be the conservator of the peace.
The city council is established as the policy-making legislative body of the city. The council consists of eight
(8) members with two (2) members elected from each of four (4) districts. The council shall appoint
citizensresidents to all boards and commissions on an equal representation basis.
The charter provides that all elections are to be nonpartisan and conducted in accordance with Colorado
Municipal Election Law. All city officials are elected for a fourtwo-year term of office thereby providing maximum
accountability to the citizensresidents. The treasurer and city clerk remain elected officers of the city. The city
council also appoints a city manager to run the daily affairs of the city.
The rights of the people have been retained through powers of recall, initiative and referendum. Significant
tax limitations existing under present state law also are incorporated into this charter.
The proposed charter is a document of consensus and compromise. The significant consideration is the
charter itself and there is no substitute for reading it in its entirety.
(Ord. No. 1996-1038, § 1, 7-22-96)
PREAMBLE
We, the people of the City of Wheat Ridge, Colorado, under the authority of the Constitution of the State of
Colorado and in order to exercise the rights, privileges and responsibilities of self-government granted to use by
the said Constitution, do ordain and establish this home rule charter for the City of Wheat Ridge, Colorado.
1 Editor's note(s)—The City Charter is published as amended with no rewording. The printing style, however,
has been made consistent with the Code. [The certificate of the charter commission has not been published.]
ATTACHMENT 2
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 2 of 38
CHAPTER I. GENERAL PROVISIONS
Sec. 1.1. Name and boundaries.
The municipal corporation heretofore existing as the "City of Wheat Ridge" in Jefferson County of Colorado
shall remain and continue as a body politic and corporate and under this Charter shall be known as the "City of
Wheat Ridge" with the same boundaries until changed in a manner authorized by law.
Sec. 1.2. Rights and liabilities.
By the name of the City of Wheat Ridge, the municipal corporation shall have perpetual succession, shall
own, possess and hold all property, real and personal, heretofore owned, possessed and held by the City of Wheat
Ridge and does assume and manage and dispose of all trusts in any way connected therewith; shall succeed to all
the rights and liabilities and shall acquire all benefits and does assume and shall pay all bonds, obligations and
indebtedness of said City of Wheat Ridge; may, in the name of the City of Wheat Ridge, sue and defend, plead and
be impleaded in all courts and places and in all matters and proceedings; may purchase, receive, hold and enjoy, or
sell and dispose of real and personal property.
Sec. 1.3. Powers of self-government.
The city shall have all the power of local self-government and home rule and all powers possible for a city to
have under the Constitution of the State of Colorado. The city shall also have all powers that now or hereafter may
be granted to municipalities by the statutes of the State of Colorado. The enumeration of particular powers in this Charter shall not be deemed to be exclusive of others. All such powers shall be exercised in the manner prescribed
in this Charter or, if not provided for herein, in such manner as shall be provided by ordinance of the council of the
city.
Sec. 1.4. Form of government.
Diagram (Section 1.4)
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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(Ord. No. 1996-1034, § 1, 7-22-96)
The municipal government established by this Charter shall be the Council-Manager form of government. In a
Council-Manager government, an elected city council serves as the city's primary legislative body and appoints a
chief administrative officer called a city manager to oversee day-to-day municipal operations, to draft a budget,
and to implement and enforce the council's policy and legislative initiatives.
Sec. 1.5. Present ordinances.
All ordinances of the City of Wheat Ridge in force at the time this Charter goes into effect shall continue in
force except insofar as they may conflict with the provisions of this Charter or shall be amended or repealed by
ordinances enacted under the authority of this Charter.
CHAPTER II. ELECTIONS
Sec. 2.1. Colorado municipal elections laws adopted.
City elections shall be governed by the Colorado municipal elections laws as now existing or hereafter
amended or modified, except as otherwise provided by this Charter, or by ordinance hereafter enacted.
Sec. 2.2. MunicipalRegularGeneral and special municipal elections.
A general municipal election shall be held on the first Tuesday in November of 1979of each odd numbered
calendar year., and every two (2) years thereafter. Any special municipal election may be called by resolution or
ordinance of the city council at least sixty (60) days in advance of such election. The resolution or ordinance calling
a special municipal election shall set forth the purpose or purposes of such election. Polling places for all municipal
elections shall be open from 7:00 a.m. to 7:00 p.m. on election day.
(Ord. No. 1328, § 1, 11-2-04)
Sec. 2.3. Disclosure.
The city council shall, within six (6) months of the adoption of this Charter, adopt and thereafter maintain, by
resolution or ordinance, an election code of ethics covering the conduct of municipal elections and conduct of
candidates for municipal office; and which shall include, but not necessarily be limited to, disclosure of all
campaign contributions and expenditures of an amount in excess of that which the council may determine and the
names of the contributions and the recipients thereof.
Sec. 2.4. Election commission.
(a) An election commission is hereby created, consisting of the city clerk and two (2) registered electors of the city. These two (2) registered electors during their term of office shall not be elected city officers or
employees or candidates or nominees for elective city office. These two (2) members shall be appointed by
the city council in the first December meeting following a regular city election, for a term of two (2) years.
(b) The city clerk shall be chairperson. The election commission shall have charge of all activities and duties
required of it by statute, ordinance and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be
followed.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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(c) The commission shall provide procedures to establishWhere residency is in question, proof of residency
qualification where residency is in questionshall be established and confirmed by the State of Colorado
Department of State. Upon a showing for good cause, the election commission may require proof of
residency by any person registered to vote or attempting to register to vote in the City of Wheat Ridge. Said
person shall not be qualified to vote in any municipal election until the election commission is satisfied that
hesaid person has presented sufficient proof of residency as required by statute or ordinance adopted
pursuant to this Charter.
(d) The election commission shall provide for: ballots, sample ballots and any voting methods as approved by
state statutes; the determination of the winner by lot in the event of a tie vote; the canvass of returns; and
the issuance of appropriate certificates.
(e) A member of the election commission shall not act as a judge of an election.
Sec. 2.5. Nonpartisan elections.
All special and general elections shall be nonpartisan. No candidate for any municipal office shall run under
any party label.
Sec. 2.6. Recall from office.
Any incumbent of an elective office may be removed from office at any time after holding office for six (6)
months, by the qualified electors of the city in the manner herein provided.
Sec. 2.7. Recall procedure.
The procedure hereunder to effect the recall of any elective officer shall be as follows: One (1) or more
registered electors, in the case of a council member, residing in the councilmember's district, and in the case of
any other elective officer residing in the city, shall file with the city clerk an affidavit of not more than two hundred
(200) words stating the reasons for the recall of the elective officer sought to be removed. The city clerk shall,
within forty-eight (48) hourstwo (2) business days after the filing of said affidavit, mail a copy by registered mail to
the elective officer sought to be recalled, who may file with the city clerk a sworn statement in defense of the
charges made against him.that elective officer. After the affidavit has been filed, the city clerk shall issue a petition
for recall of the elective officer and said petition may be circulated and signed by registered electors who would be
entitled to vote upon the proposed recall question.
A petition signed by registered electors entitled to vote for a successor of the incumbent sought to be
recalled, equal in number to twenty-five (25) percent of the entire votes cast in the last preceding election for that
position, demanding a recall of the officer named in the petition shall be filed in the office of the city clerk.
The registered electors shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency
of such grounds assigned for such recall, and said grounds shall not be open to review.
The recall petition shall be filed with the requisite information and signatures with the city clerk within sixty
(60) days after issuance. If said petition is filed within the time specified, and is proper in all respects, the council
shall set a date for a recall election to be held within ninety (90)sixty (60) days from the date of filing with the city
clerk, unless a general or special municipal election will be held within one hundred eighty (180) days following the filing of the petition in which case the recall election shall be held in conjunction therewith. At such recall election,
the question of the proposed recall of a councilmember elected from a district within the city shall be submitted
only to the registered electors of the district from which the councilmember was elected, and the question of the
proposed recall of any other elective officer shall be submitted to the registered electors of the city.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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The ballot upon which such proposed recall is submitted shall set forth the following question:
Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)?
Following such question shall be the words "yes" and "no."
On such ballots, under the question, there shall be printed the names of those persons who have been
nominated as candidates to succeed the person sought to be recalled.; but no vote cast shall be counted for any
candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled
from said office. The foregoing sentence or instructions shall be printed on the ballot. The name of the person
against whom the petition is filed shall not appear on the ballot as a candidate for the office.
Any registered elector desiring to become a candidate at a recall election shall file hisa petition with the city
clerk shall not less than twenty-five (2025) days after the date for the recall election has been setprior to the recall
election. . All petitions and procedures shall be in conformance with the other provisions of elections in this
Charter.
If a vacancy occurs in said office after a proper petition for a recall election has been filed with the city clerk,
the election to fill the vacancy shall nevertheless proceed as provided in this article.
The council shall make such additional rules and regulations as necessary to implement the above
procedures.
(Ord. No. 865, § 3(A), 6-24-91)
CHAPTER III. MAYOR AND ADMINISTRATION
Sec. 3.1. Election of mayor.
The mayor shall be elected by the greatest number of votes cast for that office by the electors of the City of
Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of
the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1997, hisTthe mayor’s term of office shall be for four (4) years and shall commence on hisupon the
taking of the oath of office at the ensuing organizational meeting of the city council held after the election in the
year elected and shall continue during the term for which hethe mayor shall have been elected until hisa successor
shall have been elected and duly qualified.
No person shall serve in the office of mayor for more than two (2) consecutive terms of office. This limitation
on the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997. Any
person who succeeds to the office of mayor, and who serves at least one-half of a term in the office, shall be
considered to have served a full term in that office. Terms are considered consecutive unless separated by at least
four (4) full years.
(Ord. No. 864, § 3(a), 6-24-91; Ord. No. 1997-1081, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 3.1 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the city government for all legal and ceremonial purposes. All
contracts in writing binding the city, all conveyances of interests in land by the city, and any other documents
requiring histhe mayor’s signature shall be signed by the mayor (or person acting as mayor as herein provided).
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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The mayor shall be the chief elected officer of the city. The mayor shall be responsible for the efficient
administration of all affairs of the city placed in histhe mayor’s charge. The mayor shall serve as a liaison between
the city council and the city administration, including, but not limited to, attendance at meetings and special
events involving the city administration.
The mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers
conferred by the Governor of the State of Colorado for the purposes of military law, and shall have the authority to
command the assistance of all able-bodied citizensresidents to aid in the enforcement of the ordinances of the city
and to suppress riot and disorder. Except as may be required by statute, the mayor shall exercise such other
powers as shall be conferred by the council shall confer upon him.
The mayor shall have the power to veto any ordinance passed by the council in accordance with the
procedure set forth in section 5.14 of this Charter. The mayor shall also preside over city council meetings.
In the event of a tie vote by the city council, except upon adoption or amendment of the budget, the mayor
shall cast a tie-breaking vote. In no other instance shall the mayor cast a vote on a matter presented to the council
for decision. On any ordinance upon which the mayor has cast a tie-breaking vote, the mayor shall not exercise
histhe power to veto said ordinance.
(Ord. No. 863, § 3, 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.3. Mayor pro tempore.
The council shall elect one (1) of its members to serve as the mayor pro tempore of the city. HeThe mayor
pro tempore shall serve in place of the mayor during the absence or disability of the mayor with all powers and
duties of the mayor, except hethe mayor pro tempore shall not have the power to veto ordinances. In case of a
vacancy in the office of mayor, the mayor pro tempore shall serve as mayor only until the vacancy is filled, as
provided in section 3.11.
Sec. 3.4. City Manager.
The city manager shall be the chief administrative officer of the city. The council, by majority vote of all
members, shall appoint a city manager who shall serve at the pleasure of the council, without definite term and at
a salary fixed by the council. The council shall appoint a city manager within a reasonable time after a vacancy
exists in the position. During the period of any vacancy or extended absence in the office of city manager, the
council shall appoint an acting city manager. The city manager may appoint an employee of the city as acting city
manager during the temporary absence (not to exceed thirty (30) days) of the city manager. Any acting city
manager shall have all of the responsibilities, duties, and authority of the city manager. Pursuant to Charter section
17.7, the city administratormanager serving upon the effective date of this section 3.4, as amended, shall be
deemed to have been appointed city manager as provided hereby.
The city manager shall be appointed with regard to fitness, competency, training, and experience in
professional urban public administration. At the time of histhe appointment, the city manager need not be a
resident of the city, but during histhe city manager’s tenure in office he, shall reside within the city. No mayor shall
be appointed city manager during or within one (1) year after the termination of histhe city manager’smayor’s
elected term.
The city manager is responsible to the council for the operation of the city and may be dismissed by the council should it determine that such removal is in the best interest of the city. Dismissal of the city manager shall
be by a majority vote of all members of the council. The council shall assure that the city manager performs hisall
duties as provided by this Charter.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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The duties of the city manager shall include, but not be limited to, the following:
(a) Be responsible for the enforcement of the laws and ordinances of the city;
(b) Hire, suspend, transfer and remove city department headsdirectors, who serve under the jurisdiction,
and at the will of, the city manager;
(c) Make appointments of subordinates on the basis of merit and fitness;
(d) Cause a proposed budget to be prepared annually and submitted to the council and be responsible for
the administration of the budget after its adoption;
(e) During the month of July, and as often as the council may require, prepare and submit to the council a
budget status and forecast report with any recommendations for remedial action;
(f) Prepare and submit to the council, as of the end of the fiscal year, a complete report on finances and
administrative activities of the city for the preceding year and, upon the request of the council, make
written or verbal reports at any time concerning the affairs of the city under histhe city manager’s
supervision;
(g) Keep the council advised of the financial condition and future needs of the city and make such
recommendations to the council for adoption as he may deembe deemed necessary or expedient;
(h) Exercise supervision and control over all departments; under histhe city manager’s jurisdiction;
(i) Be responsible for the enforcement of all terms and conditions imposed in favor of the city in any
contract or public utility franchise, and upon knowledge of any violation thereof, report the same to the council for such action and proceedings as may be necessary to enforce the same;
(j) Execute on behalf of the city all contracts binding the city;
(kj) Provide for engineering, architectural, maintenance, and construction service required by the city;
(lk) Attend council meetings and participate in discussions with the council in an advisory capacity;
(ml) Perform such other duties as may be prescribed by this Charter, by ordinance or required of himthe city manger by council and which are not inconsistent with this Charter.
(Ord. No. 865, § 3(B), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.5. Administrative departments.
The administrative functions of the city shall be performed by the departments existing at the time this
Charter is adopted and such other departments as may be hereafter established by ordinance. The council may, by
ordinance, consolidate, merge or abolish any of said departments. Each department shall be under the immediate
control and supervision of a department head director appointed by the city manager and subject to dismissal by
himthe city manager.
(Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.6. Relationship of administrative city manager service to council.
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The city managerCity managersThe city manager shall be held accountable to the council for histheir actions
and those of histheir subordinates.
(Ord. No. 1996-1038, § 1, 7-2-96)
Sec. 3.7. Election of city clerk.
The city clerk shall be elected by the greatest number of votes cast for that office by the electors of the City
of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members
of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1999, his/herTthe city clerk’s term of office shall be for four (4) years and shall commence on
his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council held after the
election in the year elected and shall continue during the term for which he/she shall havethe city clerk has been
elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1168, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.7 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.8. Duties of the city clerk.
(a) The city clerk shall be the clerk of the council and shall attend all meetings of the council and shall keep a
permanent journal of its proceedings.
(b) The city clerk shall be the custodian of the seal of the city and shall affix it to all documents and instruments
requiring the seal and shall attest the same. HeThe city clerk shall also be custodian of all papers, documents
and records pertaining to the city, the custody of which is not otherwise provided for.
(c) The city clerk shall certify by his signature, all ordinances and resolutions enacted or passed by the council.
(d) The city clerk shall provide and maintain in his office a(d) A supply of forms for all petitions required
to be filed for any purpose by the provisions of this Charter or by ordinance enacted hereunder., shall be
provided and maintained in the city clerk’s office.
(e) The city clerk shall have power to administer oaths of office.
(f) The city clerk shall be the chairperson of the election commission.
(g) The city clerk shall publish all notices, proceedings, and other matters required to be published.
(h) The city clerk shall supervise the staff under histhe city clerk’s jurisdiction.
(hi) The city clerk shall perform such other duties as may be prescribed by this Charter or by ordinance.
Sec. 3.9. Election of city treasurer.
The city treasurer shall be elected by the greatest number of votes cast for that office by the electors of the
City of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first
Monday in November, 1999, his/herTthe city treasurer’s term of office shall be for four (4) years and shall
commence on his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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held after the election in the year elected and shall continue during the term for which he/shethe city treasurer
shall have been elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1169, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.9 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.10. Duties of the city treasurer.
(a) It shall be the city treasurer's responsibility to establish a system of accounting and auditing for the city
which shall reflect, in accordance with generally accepted accounting principles, the financial condition and
operation of the city.
(b) The city treasurer shall be custodian of all public monies belonging to or under the control of the city, or any
office, department, or agency of the city, and shall deposit or invest all monies as directed by the council. All
interest earnings shall be the property of the city and shall be accounted for and credited to the proper city
fund.
(c) The city treasurer shall collect, receive, and disburse on proper authorization, all monies receivable by the
city and all other monies for which the city is responsible for holding in trust.
(d) The treasurer shall supervise the staff under histhe treasurer’s jurisdiction.
(de) The city treasurer shall perform all other duties as may be required by ordinance pursuant to this Charter.
Sec. 3.11. Vacancies in elective offices.
(a) An elected official shall continue to hold his office until hisa successor is duly qualified. An elective office shall
become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve,
ceases to be a resident of the city, or is convicted of embezzlement of public money, bribery, perjury,
solicitation of bribery or subornation of perjurya felony.
(b) If a vacancy occurs in the office of mayor, the council shall act to call a special election within sixty (60) days
to elect a new mayor, unless said vacancy occurs within one hundred eighty (180) days of the general
municipal election.
(c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such
vacancy shall be filled by appointment by the council for the remainder of the term.
Sec. 3.12. Compensation of elected officials.
Elected officials shall receive such compensation as the council shall prescribe by ordinance; provided they
the council shall neither increase nor decrease the compensation of any elected official during histhe elected
official’s term of office. Elected officials may, upon order of the council, be paid such necessary bona fide expenses
incurred by himthe elected official in service in behalf of the city as are authorized and itemized.
Sec. 3.13. Oath of office.
Every elected officer under this Charter, before entering upon the duties of hisan elected office, shall take an
oath or affirmation of office, that hesaid officer will support the Constitution and the laws of the United States and of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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citizensresidents of the city and will faithfully perform the duties of histhe elected office upon which hethe officer
is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date of hisan
elected officer’s appointment, or within ten (10) days from the date prescribed in this Charter to take office, such
officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the
council shall by motion or resolution, extend the time in which such officer may qualify as set forth in this section.
Sec. 3.14. Conflict of interest.
No elected official during histhe term of office shall be a compensated employee of the city, nor shall hean
elected official have any material or significant financial interest, direct or indirect, with the city. In the event that
any elected official or any member of hisan elected official’s family hashave such interest, said elected official shall
declare such interest. If any elected official fails to declare such interest, the council shall determine by a majority
vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is
established, the council shall take any action it deems to be in the best interest of the city.
Sec. 3.15. Bonding of employees.
All city officials and employees dealing directly with municipal funds or substantial inventories of material
and supplies shall post bond in an amount and under such conditions as required by the council, and at the
expense of the city.
CHAPTER IV. COUNCIL
Sec. 4.1. The city council.
The city council shall consist of eight (8) members. Two (2) councilmembers shall be elected from each of the
four (4) districts.
Sec. 4.2. Council districts.
The city is hereby divided into four (4) districts. The districts shall be contiguous and compact, and shall be
approximately equal in population.
The council shall complete the apportionment of the city into four (4) districts prior to December 31, 1978,
for the purpose of the November 6, 1979, general municipal election. Thereafter the council shall cause such
changes as are necessary to carry out the intent of this section to be made no less than six (6) months prior to the
general municipal election every four (4) years.
Sec. 4.3. Terms of office.
(a) The terms of office of the councilmembers hereafter to be elected in accordance with the provisions of this
Charter shall commence on theirupon the taking the oath of office at the ensuing organizational meeting of
the city council held after the election in the year elected and shall continue during the term for which
theythe councilmember shall have been elected until their successors shall have been elected and duly
qualified.
(b) At the general municipal election held on the first Tuesday in November of each odd-numbered calendar
year, one councilmember from each of the four (4) council districts shall be elected to a four-year term of
office by the greatest number of the votes cast for that office.
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(c) It is the intent of this section that councilmembers serve four-year staggered terms of office with four (4)
councilmembers elected at each general municipal election.
(Ord. No. 1997-1082, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 4.3 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 4.4. Qualifications.
(a) No person shall be eligible to hold the office of a councilmember unless, at the time of histhe election,
hesuch person is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the
district from which hesaid person is elected for a period of at least twelve (12) consecutive months
immediately preceding the date of the election.
In the event of annexation, any person who lives in the annexed area for a period of twelve (12) consecutive
months immediately preceding the date of election will be deemed a resident of the city, and a resident of the
district and may run as a councilmember from that district. In the event that council boundary lines are changed, a
prospective councilmember shall be eligible to run from the newly defined district if hethat individual has been a
resident of the city and the district from which hesuch individual is elected for a period of at least twelve (12)
consecutive months immediately preceding the date of election.
(b) Each councilmember shall maintain his residency in the city and district throughout histhe term of office. If
an elected official shall move from the city or district during histhe term of office, histhe seat shall be
declared vacant and such vacancy shall be filled by the city council as provided by this Charter.
(c) The city council shall be the judge of the election and qualifications of its own members.
(d) No person shall serve in the office of city councilmember for more than two (2) consecutive terms of office.
This limitation of the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997, except as provided at subsection (e) hereof. Any person who succeeds to the office of
councilmember, and who serves at least one-half of a term in that office, shall be considered to have served
a full term in that office. Terms are considered consecutive unless separated by at least four (4) full years.
(e) Incumbent councilmembers as of November 3, 1997, shall be eligible for re-election as follows:
(1) Incumbent councilmembers who will complete six (6) consecutive years in office on November 4, 1997, are
eligible for re-election for either one two-year term or one four-year term in the November 4, 1997 election.
(2) Incumbent councilmembers who will complete four (4) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year term in the November 4, 1997, election and one subsequent four-
year term in the November, 1999, election or one four-year term in the November 4, 1997, election.
(3) Incumbent councilmembers who will complete two (2) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year or one four-year term in the November 4, 1997, election and one
subsequent four-year term in either the November, 1999 or 2001 election.
(4) A person elected in the November 4, 1997, election for a two-year term who is not an incumbent on
November 3, 1997, may be re-elected for two (2) additional four-year terms in November, 1999 and 2003.
(Ord. No. 864, § 2, 6-24-91; Ord. No. 865, § 3(A), 6-24-91; Ord. No. 866, § 1, 6-24-91; Ord. No. 1997-1082, § 1, 7-
28-97)
Editor's note(s)—The amendments to § 4.4 above were ratified at referendum Nov. 4, 1997.
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Sec. 4.5. Vacancies.
(a) A councilmember shall continue to hold his office until hisa successor is duly qualified. A council position
shall become vacant whenever any councilmember is recalled, dies, becomes incapacitated, resigns, refuses
to serve, or ceases to be a resident of the city or district from which elected, or is convicted of a felony.
(b) Within thirty (30) days after a vacancy occurs on the council, the remaining councilmembers shall choose by
majority vote a duly qualified person from the proper district to fill such vacancy. HeSaid person shall serve
the unexpired term until the following municipal election and hisa successor is duly qualified. If three (3) or
more council vacancies exist simultaneously, the remaining councilmembers shall, at the next regular
meeting of the council, act to call a special election within sixty (60) days to fill such vacancies, provided
there will not be a general municipal election within one hundred eighty (180) days and provided that their
successors have not previously been elected.
Sec. 4.6. Compensation.
The members of the council shall receive such compensation as the council shall prescribe by ordinance;
provided, however, that the compensation of any member during histhe term of office shall not be increased or decreased. Councilmembers may, upon order of the council, be paid such necessary bona fide expenses as may be
incurred by them in service in behalf of the city as are authorized and itemized.
Sec. 4.7. Powers of council.
The council shall constitute the legislative body of the city and shall have all legislative powers and functions
of municipal government, except as otherwise provided in this Charter, and shall have the power and authority to
adopt such ordinances, resolutions, motions and rules as it shall deem proper.
Sec. 4.8. Oath of office.
Every councilmember under this Charter, before entering upon the duties in histhe office, shall take an oath
or affirmation of office, that hethe councilmember will support the Constitution and the laws of the United States
and of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
citizensresidents of the city, and will faithfully perform the duties of histhe office upon which hethe
councilmember is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date prescribed
in this Charter to take office, such officer shall be deemed to have declined the office and such office shall become
vacant unless council shall by motion or resolution extend the time in which such officer may qualify as above set
forth.
Sec. 4.9. Relationship to administrative service.
No member of the council shall dictate the appointment or duties of any department headdirector or
employee of the city, except as expressly provided in this Charter. The council and its members shall deal with the
administrative service of the city solely through the city manager, and neither council nor its members shall give
orders or reprimands to any employee or subordinate of the city manager. The council retains the prerogative of
requiring the city manager to make verbal or written reports of histhe city manager’s activities, those of histhe city
manager’s subordinates and the administrative service under histhe city manager’s charge, not in conflict with
other provisions of this Charter.
(Ord. No. 1996-1038, § 1, 7-22-96)
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Sec. 4.10. Conflict of interest.
No member of the council, during histhe councilmember’s term of office, shall be a compensated employee
of the city, nor shall hethe councilmember have any material or significant financial interest, direct or indirect, with
the city. In the event that any councilmember or any family member of his family hashave such interest, said
councilmember shall declare such interest. If any councilmember fails to declare such interest, the remaining
members of the council shall determine by a majority vote whether said interest does in fact constitute a conflict
of interest. When such conflict of interest is established, the remaining councilmembers shall take any actions they
deemdeemed to be in the best interest of the city.
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Sec. 5.1. Regular meetings.
The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of
council. The council shall determine the rules of procedure governing meetings. At the first regular meeting
following each general municipal election, the council shall organize as a matter of business and shall not be
restricted from transacting other proper business.
Sec. 5.2. Special meetings.
(a) A special meeting may be called by the city clerk on the written request of the mayor or any two (2)
members of the council provided that each member of the council is given written notice at least twenty-four (24) hours before the time set for such meeting. Such notice may be either personally served or, left at
the usual place of abode of the members of the council, or sent via electronic mail to each councilmember.
Notice of such special meeting shall also be posted in the office of city clerk and published in any manner
permitted for publication of ordinances pursuant to section 5.12(h) of the Charter at least twenty-four (24)
hours prior to such a special sessionmeeting.
(b) An emergency special meeting may be called by the city clerk at any time on a written request from the
mayor or five (5) members of the council. Such request shall state that the matter to be considered is an
emergency of such gravity that irreparable harm would come to the city if there was any further delay in
council action. The nature of the emergency shall be stated in detail in a written notice to each
councilmember, a notice posted in the office of the city clerk, and in the minutes of the special meeting. A
vote shall also be taken at the beginning of such special meeting as to whether there is in fact an emergency
and the vote of each member of the council shall be individually recorded.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.3. Business at special meetings.
No business shall be discussed or transacted at any special meeting of the council unless it has been stated in
the official notice of such meeting issued by the city clerk.
Sec. 5.4. Quorum; adjournment of meeting.
A majority of the members of the council in office at the time shall be a quorum for the transaction of
business at all council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a
later time or date, and in the absence of all members the city clerk may adjourn any meeting for not longer than
one (1) week.
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Sec. 5.5. Council attendance at meetings.
A majority of the members of the council may, by vote, either request or compel the attendance of its
members and other officers of the city at any meeting of the council. Any member of the council or other officer
who then [when] notified of such request for his attendance fails to attend such meeting for reasons other than
confining illness or absence from the city, or because said councilmember or officer is attending a meeting as a
representative of the city, shall be deemed guilty of misconduct in office unless excused by the council.
Sec. 5.6. Meetings to be public.
All regular and special meetings of the council shall be open to the public, except executive sessions held in
accordance with section 5.7, and citizensresidents shall have a reasonable opportunity to be heard under such rules and regulations as the council may prescribe.
Sec. 5.7. Executive sessions.
(a) An executive session of the city council may be convened only if the majority of the council vote publicly to hold such a session, the subject matter to be considered is one of those listed in subsection (b) of this section
and a public announcement is made as to which category of subsection (b) the matter concerns. No formal
votes may be taken in any executive session.
(b) An executive session may be convened only on the following matters:
(1) Legal Consultation. The city council may convene an executive session under the following conditions:
(A) A suit has been filed against the city or the city has received formal written notice that a suit
against the city is imminent.
(B) The city council is considering instituting legal action against another party.
(C) The city council has knowledge of violations of the law and is considering the possibility of
criminal prosecution.
(D) Conferences with the city attorney for the purpose of receiving legal advice on specific legal
questions.
(2) Personnel Matters. Personnel matters concerning individual city employees and council appointees
may be considered in an executive session. Individual city employees may request such a session.
Notwithstanding Charter section 3.4, the city manager shall not attend an executive session concerning
his/herthe city manager’s own performance unless the council so directs.
(3) Real Estate Appraisals. The city council may convene an executive session to consider real estate
appraisals made for the purpose of the possible acquisition of real property or an interest therein for
public use, or the sale of any real property owned by the city. However, no executive session shall be convened to discuss the merits of purchasing real property for public use or the sale of real property
owned by the city, or any other matters pertaining to land acquisition or sale.
(c) The city clerk shall make a tape recording and prepare the minutes of all executive sessions. Such recordings
and minutes shall be closed to the public unless a majority of the council votes to make them available to the
public. The mayor, any member of the council, or the city attorney may examine such tapes or minutesrecordings at any reasonable time under the direct supervision of the city clerk. The city clerk may
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also release such tapes and minutesrecordings pursuant to a valid court order in any action challenging the
legitimacy of an executive session.
(Ord. No. 1996-1038, § 1, 7-22-96; Ord. No. 1999-1173, § 1, 8-23-99; Ord. No. 1225, § 1, 9-10-01)
Sec. 5.8. Council acts.
The council shall act only by ordinance, resolution or motion. All legislative enactments of a permanent
nature shall be by ordinance; all other actions, except as provided in this Charter, may be in the form of resolutions
or motions. All ordinances and resolutions shall be confined to one (1) subject, except in the case of repealing
ordinances. Ordinances making appropriations shall be confined to the subject of appropriation, but may include
more than one (1) appropriation.
Sec. 5.9. Voting.
The vote by "yes" or "no" shall be taken upon the passage of all ordinances, resolutions, and motions and
entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the
majority of the entire council for final passage, except as provided for zoning and rezoning ordinances in section
5.10, sale of real property in section 16.5 or elsewhere provided in this Charter. Resolutions and motions shall
require the affirmative vote of a majority of the councilmembers present. No member of the council shall vote on
any question in which hethe councilmember has a personal or financial interest, other than the common public
interest, or on any question concerning histhe councilmember’s own conduct, and in said instances the member
shall disclose this interest to the council. On all other questions each member who is present shall vote unless
excused by the unanimous consent of the remaining members present. Any member refusing to vote, except when
not so required by this paragraph, shall be guilty of misconduct in office. At the request of any member of the
council any vote shall be taken simultaneously in a manner prescribed by the council; provided, however, that the
vote of each member shall be publicly announced immediately thereafter.
Sec. 5.10. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance,
every act amending or repealing any ordinance or section of an ordinance, making an appropriation, creating an
indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of
which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by
ordinance; provided, however, that this section shall not apply to the budget adoption in section 10.9. Zoning and
rezoning shall be governed by the statutes of the State of Colorado as now existing or hereafter amended or
modified unless superseded by new procedures set forth in a duly adopted ordinance, except as follows:
The council shall have the power to amend, supplement, change, or repeal the regulations, restrictions and boundaries of zoning districts within the city. Such changes shall be adopted by ordinance after a public hearing at
which parties in interest and citizensresidents shall have an opportunity to be heard.
In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the
area:
(1) Of the property included within the proposed change; or,
(2) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100)
feet from the property; or,
(3) Of those directly opposite across the street from the property, extending one hundred (100) feet from
the street frontage of such opposite property,
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such changes shall not become effective except by the favorable vote of three-fourths of the entire city council.
Where land within the area proposed for change, or adjacent or opposite land as defined above is owned by the
City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners
of noncity land within the one-hundred-foot limit as defined above shall be considered adjacent or opposite
despite such intervening city land.
The written protest to such changes shall be submitted to the city council no later than the hearing on the
proposed amendment. At least fifteen (15) days' notice of the time and place of the hearing, and the address and
legal description of the property, shall be published in an official paper or paper of general circulation within the
city, and notice of the hearing shall also be posted on the property so that it is easily visible to neighboring
property owners. Said notices shall contain the statement that specific plans for the proposed changes are
available for inspection at the Wheat Ridge City Hall. The procedure for receiving and determining the validity of
protests and conducting the required hearing shall be established by the council by ordinance.
(As amended 7-12-83. Effective upon adoption 7-12-83)
Sec. 5.10.1. Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or other action, or variance
except as provided in subsection (e), allow the construction of buildings or other structures which exceed the
following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and agricultural districts,
including any created after passage of this amendment; residential buildings when built in
nonresidential districts; the hospital-one district; and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned industrial districts; the public buildings and facilities district; commercial and office buildings
constructed in the hospital-two district; and any nonresidential district created after passage of this
amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for new hospitals in the
hospital-two district, on a minimum lot area of fifty (50) acres; however, additions attached to existing
hospitals in this district may be built to a height not to exceed the height of the existing building.
The height limitations established shall not apply to the following: SChurch steeples, silos, decorative domes and
cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys,
ventilators, transmission towers, solar heating and cooling devices, water towers, antennas, or necessary
mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish
height limitations for these structures.
(b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or other action,
allow the construction of residential buildings in any zone district which exceed a maximum of twenty-one
(21) family units per acre, except that nursing homes shall not be required to meet this density maximum. In
order that land required to support a previous building permit not be used again as a means of
circumventing the above maximum, the following shall apply: No subdivision, variance, rezoning or permit
shall be approved or granted on said land which subtracts the supporting land and thereby leaves the
existing building nonconforming by these standards. The maximum of twenty-one (21) units per acre shall
apply to the total parcel, including both existing and proposed construction.
(c) Definitions.
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(1) Height: The vertical distance measured from the average elevation of the finished grade of the building
to the highest point of the roof surface if a flat roof, to the deck line of a mansard roof, and to the
mean height level between eaves and ridge for a gable, hip, gambrel or other roof.
(2) Residential: Intended for human occupancy, including homes for the aged and nursing homes, but
excluding hospitals, and motels and hotels for transient occupancy.
(3) ResidentialFamily unit: One (1) or more persons related by blood, marriage, or adoption, or no more
than three (3) unrelated persons living together as a single housekeeping residential unit. This
definition is intended to be utilized and applied only as a standard for computing maximum density in
new, multiunit construction; it shall not, unless reenacted as a portion of the Wheat Ridge Code of
Laws, be utilized for any purpose except density computations under this Charter section. If a single
housekeeping unit is designed for the use of more than three (3) unrelated persons, such as, but not
limited to, the handicapped or elderly, each three (3) persons in any such unit shall constitute one (1)
family unit.
(d) Nonconforming structures. This amendment applies only to new construction; buildings and other structures
legally in existence at the time of passage of this amendment shall not become nonconforming because of
the adoption of these new density and height limits.
(e) Variances. The board of adjustment shall have the power to interpret terms and definitions in this
amendment, and to allow a variance to maximum height, not to exceed ten (10) percent, upon a finding that not granting the variance would cause an extreme hardship. The city council and other boards may not grant
variances from these standards, but nothing in this amendment shall be construed to limit the council from
imposing more stringent height and density standards in any zoning district.
(f) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area described in the Wheat Ridge Town Center Project Urban Renewal Plan, adopted December 14, 1981 and
amended by Resolution 13-2001 on April 23, 2001, specifically as diagramed in Exhibits 1 and 2 and
described in Exhibit 3 of said resolution, and (2) that area described in the Wadsworth Boulevard Corridor
Redevelopment Plan, adopted October 22, 2001, without modifying any current zoning on any property and
preserving existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified
through future ordinances approved by city council after public hearings.
(g) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area
described in the West 44th Avenue/Ward Road redevelopment plan, adopted October 22, 2001, and (2) that
area described in the I-70/Kipling Corridors Urban Renewal Plan, adopted August 10, 2009, excluding
therefrom all properties in the plan area along the Kipling Street Corridor South of 44th Avenue and all
properties in the plan area east of Interstate 70, North of 32nd Avenue, west of Ward Road and south of the
WEST West 44th Avenue/Ward Road Redevelopment Plan Area, without modifying any current zoning on
any property and preserving existing height and density limitations in the Wheat Ridge Code of Laws unless
and until modified through future ordinances approved by city council after public hearings.
(Adopted 7-12-83; effective upon adoption; Ord. No. 1452, §§ 1, 2, 8-24-09)
Sec. 5.11. Form of ordinances.
Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. The effective date of all ordinances shall be
fifteen (15) days from the date of final publication of said ordinance unless another date is prescribed therein, or
otherwise provided for elsewhere in this Charter.
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Sec. 5.12. Procedure.
Except for emergency ordinances, ordinances making general codifications of existing ordinances, and
ordinances adopting standard codes, the following procedure for the enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at any regular meeting of the council by any member thereof.
(b) The ordinance shall be read in full or, in cases where copies of the ordinance are available to the
council and to those persons in attendance at said council meeting, said ordinance may be read by title
only.
(c) After the first reading of the ordinance, the same shall be approved or rejected by a vote of the council.
(d) If the ordinance is approved on first reading, it shall be published in full. The council shall set a day,
hour, and place at which the council shall hold a public hearing on the ordinance and notice of said day,
hour and place shall be included in the first publication.
(e) The ordinance shall be introduced at council a second time, at a meeting not earlier than seven (7) days
after first publication, for final approval, rejection, or other action as may be taken by vote of the
council. This meeting may be the same meeting at which the public hearing on the ordinance is held,
but the public hearing shall precede action on the ordinance. The ordinance may be amended before
final approval by vote of the council.
(f) After final approval, an ordinance shall be published by title or in full as the council may determine. If
amended, an ordinance shall be published by title and full text of the amendment or in full as the
council may determine.
(g) Whenever an ordinance shall be published by reference or by title, the publication shall contain a
summary of the subject matter of said ordinance and shall contain a notice to the public that copies of
the proposed ordinance are available at the office of the city clerk. The publication of any ordinance, by
reference or by title, as provided herein must set forth in full any penalty clause contained in said
ordinance.
(h) The requirements for publication of ordinances contained herein may be satisfied by publication in a
newspaper of general circulation in the City of Wheat Ridge, by posting a copy thereof at the location or locations designated by resolution of the council, by posting on the city's website, by posting on the
iInternet, or in any other manner determined by the council to adequately advise the public.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.13. Emergency ordinances.
Emergency ordinances for the immediate preservation of public property, health, peace, or safety shall be
approved only by the majority vote of councilmembers present at the meeting. The facts showing such urgency
and need shall be specifically stated in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city-owned utility shall ever be passed as an emergency measure. An
emergency ordinance shall require passage at one (1) meeting of the council. However, neither a public hearing
nor a first publication as provided in section 5.12 shall be required. An emergency ordinance shall take effect upon
final passage. Publication shall be within ten (10) days after passage, or as soon thereafter as possible. An
emergency ordinance shall not be in effect longer than ninety (90) days after passage, and shall not again be
passed as an emergency ordinance.
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Sec. 5.14. Veto by mayor.
The mayor shall have the power to veto any ordinance passed by the council subject to the following:
(a) Every ordinance passed by the council shall be presented to the mayor within forty-eight (48) hours
thereafter. If he approvesapproved, such ordinance he shall sign itbe signed by the mayor within three
(3) days after receiving it.
(b) The mayor must exercise the power of veto with a complete written explanation of the reasons
therefor addressed and delivered to each councilmember within seven (7) days from the date of its
final passage.
(c) The mayor's veto may be overridden only by an affirmative vote of three-fourths of the entire council
at the next regular meeting following the veto.
(d) If the mayor does not return the ordinance with histhe veto to the council within the time specified, it
shall take effect as if heit had been approved it.
(e) The mayor shall not have veto power on any emergency ordinance.
Sec. 5.15. Codification of ordinances.
The council shall cause the ordinances to be codified and thereafter maintained in current form. Revisions to
the codes may be accomplished by reference as provided in section 5.16.
Sec. 5.16. Standard codes adopted by reference.
Standard codes, promulgated by the federal government, the State of Colorado, or by any agency of either of
them, or by any municipality within the State of Colorado, or by any recognized trade or professional organization,
or amendments or revisions thereof, may be adopted by reference; provided the publication of the ordinances
adopting any said code shall advise that copies are available for inspection at the office of the city clerk, and
provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting
ordinance.
Sec. 5.17. Severability of ordinances.
Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application
thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the
remaining portions or applications of the ordinance which can be given effect without the invalid portion or
application, provided such remaining portions or applications are not determined by the court to be inoperable,
and to this end ordinances are declared to be severable.
Sec. 5.18. Disposition of ordinances.
A true copy of every ordinance, as adopted by the council or electorate, shall be numbered and recorded in
the official records of the city. Its adoption and publication shall be authenticated by the signatures of the mayor
or mayor pro tempore, and the city clerk and by the certificate of publication. The failure to record, or
authenticate any ordinance shall not, however, invalidate, suspend, or void such ordinance.
Sec. 5.19. Public records.
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All public records of the City of Wheat Ridge shall be open for inspection by any person at reasonable times
in accordance with state statutes existing at the present time or hereafter enacted or hereafter amended by
ordinance adopted pursuant to this Charter.
Sec. 5.20. Street width designation.
The city council shall have the sole authority and responsibility to determine the width of all city streets
within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be delegated to any
other body or individual(s), the only exception being the election procedure specifically set forth in this Charter
section. Street width shall be determined by the flowline of the street. Flowline is defined as the measurement
from the inside edge of one (1) curb to the inside edge of the opposite curb. Where no curb is planned to be
constructed, flowline shall be defined as the measurement from the outside edge of one (1) side of the driving
surface of the street, to the outside edge of the opposite side of the driving surface of the street.
Within one (1) year prior to construction or reconstruction of a street, the city council shall hold a public
hearing to determine the flowline of such street. Following the public hearing, the council shall adopt such flowline
as the street's official street width designation.
In the event of a protest against such proposed street width designation signed by the owners of:
(1) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street;
or
(2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street,
such proposed street width designation shall not become effective except by the favorable vote of three-fourths
(¾) of the entire city council. Property does not need to be entirely contained within the three hundred (300) foot
area to be used in the computation of the ten (10) percent necessary to file a protest. Only the portion of the
property that actually lies within the three hundred (300) foot area is used to compute the ten (10) percent
required to file a protest. Where the City of Wheat Ridge owns property or has right-of-way within three hundred
(300) feet of either side of the street, then such city-owned land or right-of-way shall be excluded from the
computation of the required percentage of properties needed to file a protest to the proposed street width
designation. Owners of noncity land shall be considered immediately adjacent or contiguous to the street, or
within three hundred (300) feet of either side of such street, despite such intervening city-owned land or right-of-
way.
The written protest to such proposed street width designation shall be submitted to the city council no later
than the conclusion of the public hearing on the proposed street width designation. At least fifteen (15) days' notice of the time and place of the hearing shall be published in the newspaper used by the city to publish legal
notices, and notice of such public hearing shall be mailed by certified letter to all property owners within three
hundred (300) feet of both sides of such street.
Said notice shall contain:
(1) A description of the proposed street width designation and a statement that the specific plans for the proposed street width designation are available for inspection at the Wheat Ridge Municipal Building;
and
(2) An explanation of the right of the property owners to protest such proposed street width designation,
and how to exercise such right; and
(3) The full and complete text of this Charter section.
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All publication and notification requirements set forth in this Charter section shall be performed by the city clerk.
If at any time within forty-five (45) days after a favorable vote by city council of such proposed street width
designation, a petition signed by at least five (5) percent of the registered electors of the city council district(s)
immediately adjacent or contiguous to such street be presented to the council against the going into effect of such
proposed street width designation; the same shall thereupon be immediately suspended and the council shall
publish notice of and call an election upon the proposed street width designation. Said election shall be held not
less than thirty (30) days nor more than one hundred eighty (180) days after publication of the notice thereof.
Only registered electors in the city council district(s) immediately adjacent or contiguous to such street shall
be eligible to vote on the proposed street width designation. If a majority of the registered electors in the city
council district(s) immediately adjacent or contiguous to such street voting thereon vote for such proposed street
width designation, the proposed street width designation shall be deemed approved. For purposes of ballot
tabulation, the total votes of all electors who cast ballots from one or more city council district(s) shall be counted
together.
If any provision of this Charter section or the application in any particular case, is held invalid, the remainder
of this Charter section and its application in all other cases shall remain unimpaired. Anything in the Charter or
ordinances of the City of Wheat Ridge in conflict or inconsistent with the provisions of this Charter section is
hereby declared to be inapplicable to the matters and things covered and provided for by this Charter section. This
Charter section shall take effect immediately upon passage.
(Amend. of 11-7-95)
CHAPTER VI. INITIATIVE AND REFERENDUM
Sec. 6.1. Initiative.
(a) Any proposed ordinance may be submitted to the council by petition signed by registered electors of the city
equal in number to the percentage hereinafter required.
(b) An initiative petition accompanying the proposed ordinances signed by registered electors of the city equal
in number to fifteen (15) percent of the total vote cast, in the City of Wheat Ridge, in the last gubernatorial
election, shall be filed with the city clerk at least sixty (60) days prior to any general or special municipal
election, and shall contain a request that said proposed ordinance be submitted to a vote of the people if not
passed by the council. The council shall within thirty (30) days after the attachment of the city clerk's
certificate of sufficiency to the accompanying petition either (1) pass said ordinance without alteration, or (2)
call a special election, unless a general municipal election is fixed within one hundred eighty (180) days
thereafter, and at such special or general municipal election, said proposed ordinance shall be submitted
without alteration to the vote of the registered electors of the city.
(c) An initiated ordinance shall be published in like manner as other proposed ordinances. The ballot upon
which such proposed ordinance is submitted shall state briefly the nature for the proposal and it shall
contain the words "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." If a majority of the registered
electors voting thereon shall vote in favor thereof, the same shall thereupon without further publication
become an ordinance of the city.
(d) The provisions of this section shall in no way affect nor preclude the procedures for recall of any elected
official or officer as provided in this Charter.
Sec. 6.2. Referendum.
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(a) The referendum shall apply to all ordinances passed by the council.
(b) If at any time within forty-five (45) days after the final passage of an ordinance to which the referendum is
applicable, a petition signed by registered electors equal in amount to at least ten (10) percent of the total
vote cast, in the City of Wheat Ridge, in the last gubernatorial election be presented to the council against
the going into effect of any ordinance, the same shall thereupon be suspended and the council shall
reconsider such ordinance; and if the same be not entirely repealed shall submit the same to a vote of the
registered electors of the city in a manner as provided in respect to the initiative at the next regular
municipal election, or at a special election called therefor. If a majority of the registered electors vote in
favor of such ordinance, it shall go into effect without further publication.
Sec. 6.3. Ordinances referred to the people.
(a) The council, on its own motion, shall have the power to submit at a general or special election any proposed
ordinance or question to a vote of the people in a manner as in this Charter is provided.
(b) If provisions of two (2) or more proposed ordinances adopted or approved at the same election conflict, the
ordinance or provision in conflict receiving the highest affirmative vote shall become effective.
Sec. 6.4. Certificate of city clerk; amendment of petition.
Within ten (10) days from the filing of any initiative or referendum petition, the city clerk shall ascertain
whether the petition is signed by the requisite number of registered electors, and if sufficient shall attach thereto a
certificate of sufficiency showing the result of such examination. If the petition is insufficient, the city clerk shall
issue a certificate of insufficiency and on the same day send a copy of the same to forthwith in writing notify one
(1) or more of the persons designated as filing the same on the petition. Commencing on the day after the date of
the certificate of insufficiency, tThe petition may thereafter then be amended within ten (10) days from the filing
of the certificateby the petitioners obtaining additional signatures of registered electors only during said ten (10)
day period. The city clerk, within five (5) working days after such amendment, shall make the examination of the
amended petition and attach thereto a certificate of the result. If still insufficient, the city clerk shall return the
petition to one (1) of the persons designated thereon as filing it, without prejudice to the filing of a new petition
for the same purpose, but such petition shall not be refiled within one (1) year after return by the city clerk.
Sec. 6.5. Prohibition of amendment or reenactment.
An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after
the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be
reenacted for a period of six (6) months after the date of the election at which it was repealed; provided however,
that ordinances may be adopted, amended or repealed at any time by appropriate referendum or initiative procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the
council on its own motion.
Sec. 6.6. Implementation.
The council may adopt such additional rules and regulations by ordinance as are deemed necessary to
implement this chapter on initiative and referendum.
CHAPTER VII. PERSONNEL
Sec. 7.1. Personnel system.
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The council may establish, modify, or eliminate a system or systems to handle personnel matters as it deems
necessary.
CHAPTER VIII. LEGAL AND JUDICIARY
Sec. 8.1. City attorney.
The council shall appoint a city attorney to serve for an indefinite term at the pleasure of the council. HeThe
city attorney shall be an attorney-at-law admitted to practice in Colorado and have at least five (5) years'
experience in the practice of law. The council may provide the city attorney such assistants, facilities and considerations as council may deem necessary, and may on its own motion or upon request of the city attorney,
employ special counsel. The council shall establish compensation for the city attorney, histhe city attorney’s
assistants and special counsel.
The city attorney shall be the legal representative of the city and shall represent the city in all cases and in all
courts. The city attorney shall act as legal adviser to the council and other city officials in matters relating to their
official powers or duties when requested and shall provide a copy of any written opinion to the city clerk.
The city attorney shall also perform such other duties as the council may prescribe by ordinance or
resolution.
Sec. 8.2. Municipal court.
There shall be a municipal court which shall have jurisdiction to hear and determine all cases arising under
this Charter or the ordinances of the City of Wheat Ridge. The council shall appoint a presiding judge. The council
may also appoint one (1) or more associate judges, who shall sit at such times and upon such cases as shall be
determined by the presiding municipal judge. Such associate judge shall have all the powers of a municipal
presiding judge and hisany orders and judgments shall be those of the municipal court.
All judges shall be members in good standing of the Bar of the State of Colorado, and shall have a minimum
of five (5) years' experience on the bench or in the active practice of law in the State of Colorado immediately prior
to appointment.
Sec. 8.3. Tenure and removal of judges.
The council shall appoint all judges for a term of two (2) years and they may be removed by the council
during their term only for cause. A judge may be removed for cause if a judge:
(a) He isIs found guilty of a felony or any other crime involving moral turpitude;
(b) He hasHas a disability which interferes with the performance of his duties, and which is, or is likely to
become, of permanent character;
(c) He hasHas willfully or persistently failed to perform histhe duties; or
(d) He isIs habitually intemperate.
Sec. 8.4. Duties of the presiding judge.
The presiding judge shall have the following duties, in addition to presiding in court, the presiding judge:
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(a) He shallShall formulate and amend the local rules of the court with the approval of the Colorado
Supreme Court.
(b) He shallShall supervise all court personnel.
(c) He shallShall submit a yearly budget request to the council for the proper functioning of the court.
Sec. 8.5. Compensation of judges.
All judges shall receive a fixed salary or compensation set by the council, by ordinance, and such salary or
compensation shall not be dependent upon the outcome of the matters to be decided by the judges. A judge's
compensation may not be reduced during the term of histhe judge’s appointment.
CHAPTER IX. BOARDS AND COMMISSIONS
Sec. 9.1. Existing boards and commissions.
All boards and commissions in existence at the time of adoption of this Charter, shall continue in existence as
provided in the respective ordinances, except as otherwise provided by ordinance or this Charter.
Sec. 9.2. Right to establish.
The council shall have the power and authority to create boards and commissions as deemed necessary
including advisory and appeal boards. Advisory boards may be created by resolution. All other boards and
commissions, including appeal boards, shall be created by ordinance, which shall set forth the powers and duties
delegated to such board or commission.
Sec. 9.3. Appointments to boards or commissions.
The council shall make all appointments to all boards and commissions and shall specify the term of office of
each individual in order to achieve overlapping tenure. All boards and commissions shall have approximately equal representation from each council district. All members shall be residents of the city, registered voters and shall be
subject to removal for just cause by the council. The council shall also make appointments to fill vacancies for
unexpired terms.
Sec. 9.4. Procedures of boards and commissions.
Each board and commission shall operate in accordance with its own rules of procedure except as otherwise
directed by the council. All meetings of any board or commission shall be open to the public except that any board
or commission may hold an executive session provided that the same provisions that apply to the city council in
section 5.7 shall be applicable. Minutes of all board and commission meetings shall be kept in the office of the city
clerk.
CHAPTER X. FINANCE AND BUDGET
Sec. 10.1. Fiscal year.
The fiscal year of the city and all its agencies shall begin on the first day of January and end on the thirty-first
day of December of each year.
Sec. 10.2. Submission of budget.
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Prior to the beginning of each fiscal year, the city administration shall prepare and submit to the council a
recommended budget for the next fiscal year and an accompanying message.
Sec. 10.3. Budget message.
The city administration manager’s message shall explain the budget both in fiscal terms and in terms of the
work programs. It shall outline the proposed financial policies of the city for the next fiscal year, describe the
important features of the budget, indicate any major changes from the current year in financial policies,
expenditures and revenues, together with the reasons for such changes, summarize the city's debt position, and
include such other material as the administration city manager deems desirable or which the city council may
require.
Sec. 10.4. Budget content.
The budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year
and, except as required by ordinance or this Charter, shall be in such form as the city administration manager
deems desirable or the council may require. In organizing the budget, the city administration manager shall utilize
the most feasible combination or expenditure classification by fund, organization unit, program, purpose or
activity, and object. It shall begin with a clear general summary of its contents and shall be arranged so as to show
comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include
the following in separate sections unless otherwise provided by ordinance:
(a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received
from ad valorem taxes; cash surplus being defined for purposes of this Charter as the amount by which
cash is expected to exceed current liabilities and encumbrances at the beginning of the next fiscal year;
(b) Proposed expenditures for current operations during the next fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of financing
such expenditures;
(c) A reasonable provision for contingencies;
(d) A capital depreciation account;
(e) Required expenditures for debt service, judgments, cash deficient recovery and statutory expenditures;
(f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and
agencies when practicable, and the proposed method of financing each such capital expenditure;
(g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the city
and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed
income and expenditure information shall be attached as appendices to the budget;
(h) The bonded and other indebtedness of the city, showing the debt redemption and interest
requirements, the debt authorized and unissued, and the condition of sinking funds, if any;
(i) Such other information as the council may request.
Sec. 10.5. Balanced budget required.
The total of proposed expenditures shall not exceed the total of estimated revenue.
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Sec. 10.6. Capital program.
(a) The city administrationmanager, with such assistance as the council may direct, shall prepare and submit to
the council a long-range capital program, simultaneously with the recommended budget.
(b) The capital program shall include the following, unless otherwise provided by ordinance:
1. A clear general summary of its contents;
2. A list of all capital improvements which are proposed to be undertaken during the following fiscal
years, with appropriate supporting information as to the necessity for the improvement;
3. Cost estimates, method of financing and recommended schedules for each such improvement;
4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;
5. Such other information as the council may request.
This information shall be revised or extended each year with regard to capital improvements still pending or in
process of construction or acquisition.
Sec. 10.7. Public hearing.
A public hearing on the proposed budget and proposed capital program shall be held before its final
adoption at such time and place as the council may direct. Notice of such public hearing and notice that the
proposed budget is on file for public inspection in the office of the city clerk shall be published one (1) time at least
seven (7) days prior to the hearing.
Sec. 10.8. Council amendments.
After the public hearing, the council may adopt the budget with or without amendment. In amending the
budget, it may add or delete any programs or increase or decrease any amounts, except expenditures required by
law or for debt service or for estimated cash deficit. However, the total of proposed expenditures shall not exceed
the total of estimated revenue.
Sec. 10.9. Council budget adoption.
The council shall adopt the budget by resolution on or before the final day established by statute for the
certification of the next year's tax levy to the county. If it fails to adopt the budget by this date, the amounts
appropriated for the operation for the current fiscal year shall be deemed adopted for the next fiscal year on a
month-to-month basis, with all items in it prorated accordingly, until such time as the council adopts the budget
for the next fiscal year.
Sec. 10.10. Property tax levy and budget appropriations.
Adoption of the budget by council shall constitute appropriations of the amounts specified therein as
expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council
shall cause the same to be certified to the county as required by statute.
Sec. 10.11. Budget status report.
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During the month of July, and as often as the council may require, the administration city manager shall
present a budget status and forecast report to the city council with any recommendations for remedial action.
Sec. 10.12. Amendments after adoption.
(a) Supplemental Appropriations. If during the fiscal year the city administration manager determines that there
are available for appropriation revenues in excess of those estimated in the budget, the council by resolution
may make supplemental appropriations for the year up to the amount of the excess.
(b) Emergency Appropriations. To meet a public emergency affecting life, health, property, public safety or the
public peace, the council may make emergency appropriations. Such appropriations may be made by
emergency ordinance in accordance with section 5.13 of this Charter. To the extent that there are no
available unappropriated revenues to meet such appropriations, the council may by emergency ordinance
authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency
notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next
succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the administration
city manager that the revenues available will be insufficient to meet the amount appropriated, this shall be
reported to the council without delay, indicating the estimated amount of deficit, any remedial action taken
and recommendation as to any other steps to be taken. The council shall then take action to prevent or
minimize any deficit and for that purpose it may by resolution reduce one (1) or more appropriations.
(d) Transfer of Appropriations. Any time during the fiscal year, the administration city manager may transfer part
or all of any unencumbered appropriation balance among programs within a fund, department, office or
agency. and, upon written request by the administration, the council may by resolution transfer part or all of
any unencumbered appropriation balance from one (1) department, office, agency, or object to another.
(e) Limitation—Effective Date. No appropriation for debt service may be reduced below any amount required to
be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and
emergency appropriation and reduction or transfer of appropriations authorized by this section may be
made immediately upon adoption.
(f) No Contract to Exceed Appropriation. During each and any fiscal year, no contract entered into by or on
behalf of the city shall expend or contract to expend any money, or to incur any liability, nor shall any
contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the
expenditure of money for any of the purposes for which provision is made either in the adopted budget or
adopting resolution, including any legally authorized amendments thereto, in excess of the amount
appropriated in the budget or approved contract or bid award. Any contract or bid award, either verbal or
written, made in violation of the provisions of this section shall be void as to the city and no city monies from
any source whatsoever shall be paid thereon.
(Ord. No. 867, § 3(b), 6-24-91)
Sec. 10.13. Lapse of appropriation.
Every appropriation, except an appropriation for a capital expenditure fund or special fund, shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure fund or special fund shall continue in effect until the purpose for which it has been established is
accomplished or abandoned.
Sec. 10.14. Public record.
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Copies of the budget and capital program as adopted shall be public records and shall be made available to
the public in the city clerk's office.
Sec. 10.15. Independent audit.
An independent certified audit shall be made of all city accounts annually, and more frequently if deemed
necessary by the council. Such audit shall be made by certified public accountants experienced in municipal
accounting selected by the council.
CHAPTER XI. TAXATION
Sec. 11.1. Tax authority and limitations.
The council shall have the authority to levy and impose taxes for municipal purposes and to provide for their
collection, provided that there shall not be an increase of rate of sales tax unless and until such rate increase shall
be approved by a majority of the electorate voting at a regular or special municipal election. The council shall also
have authority to levy and provide for collection of special assessments for local improvements as provided in this
Charter or by ordinance. Increases in ad valorem shall be subject to the same limitations and review procedures
now or hereafter provided by state statute for statutory cities.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 11.2. Collection of taxes.
(a) Unless otherwise provided by ordinance, the county treasurer shall collect city ad valorem taxes in the same manner and at the same time as general ad valorem taxes are collected. In like manner, the council may
provide for collection of special improvement assessments by the county treasurer.
(b) All statutes of this state for the assessment of property and the levy and collection of ad valorem taxes, sale
of property for taxes, and the redemption of the same, shall apply and have the full force and effect in
respect to taxes for the city as to such general ad valorem taxes, except as may be modified pursuant to this
Charter.
Sec. 11.3. Authority to acquire property.
In addition to all other power which it has to acquire property, the city is hereby authorized to purchase or
otherwise acquire property on which there are delinquent taxes or special assessments. The city may also dispose
of any property acquired under this authority.
CHAPTER XII. MUNICIPAL FUNDING
Sec. 12.1. Forms of borrowing.
The city may borrow money for any municipal purpose as provided herein and issue the following securities
to evidence such indebtedness:
(a) Short-term notes.
(b) General obligation bonds and other like securities.
(c) Revenue bonds and other like securities.
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(d) Special or local improvement bonds and other like securities.
(e) Any other legally recognized security which the council may provide.
Sec. 12.2. Short-term notes.
The city, upon the affirmative vote of the majority of the entire council in office at the time the vote is taken,
is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other
revenues and to issue short-term notes to evidence the amount so borrowed. Any such short-term notes shall
mature before the close of the fiscal year in which the money is so borrowed except as is permitted in the
provision of this Charter pertaining to emergency appropriations.
Sec. 12.3. General obligation bonds.
No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of ad valorem
taxes or to which the full faith and credit of the city are pledged, shall be issued, except in pursuance of an
ordinance, nor until the question of their issuance shall, at a special or regular election, be submitted to a vote of
the qualified registered electors of the city, and approved by a majority of those voting on the question, except as
provided in sections 12.2, 12.4, 12.5, 12.6, 13.3, and 13.4 and provided further that such securities issued for
acquiring water and rights thereto, or acquiring, improving or extending a city water system or sewer system or
any combination of such purposes, may be so issued without an election.
Sec. 12.4. Revenue bonds.
The city, pursuant to ordinance, and without an election, may borrow money, issue bonds, or otherwise
extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water,
electric, gas, or sewer system, or other public utility or income-producing project or for any other capital
improvement; provided that the bonds or other obligations shall be made payable from the net revenues derived
from the operation of such system, utility or other such project or capital improvement, and provided further, that
any two (2) or more of such systems, utilities, projects or capital improvements may be combined, operated, and
maintained as joint municipal systems, utilities, projects or capital improvements, in which case such bonds or
other obligations shall be made payable out of the net revenue derived from the operation of such joint systems,
utilities, projects or capital improvements.
Sec. 12.5. Revenue bonds funded by sales and use tax.
In addition to the provisions of section 12.4 relating to revenue bonds, the city shall have the authority to
issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available
proceeds of a city sales and use tax which may be imposed pursuant to chapter XI.
Sec. 12.6. Refunding bonds.
(a) The council may authorize, by ordinance, without an election, the issuance of refunding bonds or other like
securities for the purpose of refunding and providing for the payment of the outstanding bonds or other like
securities of the city as the same mature, or in advance of maturity by means of an escrow or otherwise.
(b) Any refunding bonds or other like securities issued for the purpose of refunding revenue bonds or other
revenue securities shall be payable from the revenues pledged to the original bond issue.
Sec. 12.7. Limitations on indebtedness.
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The aggregate amount of bonds or other evidences of indebtedness of the city shall not exceed three (3)
percent of the actual valuation of the taxable property within the city as shown by the last preceding assessment
for city purposes; provided however, in determining the amount of indebtedness, there shall not be included
within the computation:
(a) Bonds or other evidences of indebtedness, outstanding or authorized to be issued for the acquisition,
extension or improvement of a municipal waterworks system or municipal storm sewer, sanitary
sewer, combined storm and sanitary sewers, or sewage disposal systems;
(b) Short-term notes;
(c) Special or local improvement securities;
(d) Securities payable from the revenues of an income-producing system, utility, project, or other capital
improvement or from city sales or use taxes;
(e) Long-term installment contracts other than real property acquisitions, rentals and leaseholds pursuant
to section 12.9.
Sec. 12.8. Bonds: Interest, sale, prepayment.
(a) The terms and maximum interest rate of general obligation or revenue bonds or other like securities shall be
fixed by the authorizing ordinance and such securities shall be sold to the best advantage of the city.
(b) Any refunding bond may be exchanged dollar for dollar for a bond refunded.
(c) All bonds may contain provisions for calling the same at designated periods prior to the final due date, with
or without the payment of a prior redemption premium.
Sec. 12.9. Long-term installment contracts, rentals and leaseholds—City property.
(a) In order to provide necessary land, buildings, equipment, and other property for governmental or
proprietary purposes, the city is hereby authorized to enter into long-term installment purchase contracts
and rental or leasehold agreements. Such agreements may include an option or options to purchase and
acquire title to such property within a period not exceeding the useful life of such property. Each such
agreement and the terms thereof shall be concluded by an ordinance duly enacted by the council.
(b) The council is authorized and empowered to provide for the said payments at their discretion from any
available municipal revenues.
(c) The obligation created hereunder shall not constitute an indebtedness of the city within the meaning of the
legal limitations on contracting of indebtedness contained in this chapter.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 12.10. Approval of tax increment financing, revenue sharing and cost sharing agreement.
Any action by an agency, agent, authority, commission, committee, city council, department, employee or
official of the City of Wheat Ridge, approving or changing a sales or property tax increment financing (TIF), revenue
sharing or cost sharing arrangement pursuant to Part 1 of the Colorado Urban Renewal Law, must be ratified by
the Wheat Ridge City Council via a vote on a formal agenda item, at a regularly scheduled business meeting, that is
advertised as a public hearing.
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If the value of the said sales or property tax increment financing (TIF), revenue sharing or cost sharing
exceeds two million five hundred thousand dollars ($2,500,000.00), the city council action of approval must be
ratified by the registered electors of the City of Wheat Ridge at a special or regular election.
The base amount for voter approval of any sales or property tax increment financing (TIF) will be any
financing exceeding two million five hundred thousand dollars ($2,500,000.00). To account for inflation and/or
increased construction costs, every third year after March 1, 2015, the base amount will be increased by five (5)
percent.
Effective date: This amendment will take effect and apply to all actions undertaken by an agency, agent,
authority, commission, committee, city council, department, employee or official of the City of Wheat Ridge
subsequent to March 1, 2015 and thereafter.
(Approved by electorate 11-3-15)
The Jefferson County Colorado District Court has held this section unconstitutional and therefore ineffective, with
the sole exception of the method of city council approval (via a vote on a formal agenda item, at a regularly
scheduled business meeting, that is advertised as a hearing) of "urban renewal plans" and "plan modifications"
which already require approval by the council under CRS 31-25-107. See, Longs Peak Metropolitan District v. City of
Wheat Ridge, Case No. 17CV 30542 (September 8, 2017).
CHAPTER XIII. IMPROVEMENT DISTRICTS
Sec. 13.1. Creation of special or local improvement districts.
Special or local improvement districts created pursuant to this Charter may, in the discretion of council, be so
created only upon receipt by the council of a petition for an ordinance by the owners of more than fifty (50)
percent of the landowners residing in the proposed district.
Sec. 13.2. Power to create special or local improvement districts.
(a) Upon receipt of a petition, as described in section 13.1, the city shall have the power to create special or
local improvement districts within designated districts in the city, to contract for, construct or install special or local improvements of every character within the said designated districts, to assess the cost thereof,
wholly or in part, upon the property benefited in such district, and to issue special or local improvement
bonds therefor.
(b) The council shall, by ordinance, prescribe the method and manner of creating such improvements, of letting
contracts therefor, issuing and paying bonds for construction or installation of such improvements, including
the costs incidental thereto, for assessing the costs thereof and for all things in relation to the authority
herein created.
(c) Except as otherwise provided by Charter or by ordinance, the statutes of the State of Colorado shall govern
the creation and organization of special or local improvement districts, the assessment of costs, the issuance
of bonds therefor and all things in relation thereto.
Sec. 13.3. Improvement district bonds; levy for general benefit to special fund; pledge of
credit.
(a) In consideration of general benefits conferred on the city at large from the construction or installation of
improvements in special or local improvement districts, created pursuant to section 13.1, the city council
may contract by ordinance prior to the issuance of any bonds of any special or local improvement district,
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that the payment of such bonds, both as the principal, interest and costs appertaining thereto become due,
is additionally secured by a special fund herein created, and pursuant thereto may, subject to the limitations
of section 11.1, levy annual taxes on all taxable property within the city at a rate not exceeding two (2) mills
in any one (1) year, to be disbursed as determined by the council, for the purpose of advancing money to
maintain current payments of interest and equal annual payments of the principal amount of said bonds or
for any prior redemption premium appertaining to such bonds.
(b) The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes
specified in this section, provided, however, that in lieu of such tax levied, the council may annually transfer
to such special fund any available money of the city, but in no event shall the amount transferred in any one
(1) year exceed the amount which would result from a tax levied in such year as herein limited.
As long as any bonds issued for special or local improvement districts hereafter organized, remain
outstanding, the tax levy or equivalent transfer of money to the special fund created for the payment of said bonds
shall not be diminished in any succeeding year until all of said bonds and the interest thereon shall be paid in full,
unless other available funds are on hand therefor, or such bonds and interest are paid by the city as provided in
section 13.5 of this Charter.
(c) In addition to the above, the council may finance the city's share of the cost of any special improvement
project, whether or not such cost is assessed against city-owned property, by the issuance of special
improvement district bonds, and shall appropriate annually an amount sufficient for the payment of that portion of the share of such costs then due. Such bonds shall not be subject to any election requirement or
debt limitation which might otherwise exist pursuant to this Charter or other applicable law.
(d) After the bonds have been retired in full, any monies remaining in such special funds shall be transferred as
provided in section 13.4.
(e) Bonds of any special or local improvement district payable from special assessments, which payment may be
additionally secured as provided in this section, shall not be subject to any debt limitation nor affect the
city's debt-incurring power, nor shall such bonds be required to be authorized at any election; and such
bonds shall not be held to constitute a prohibited lending of credit or donation, nor to contravene any
constitutional, statutory, or Charter limitation or restriction.
Sec. 13.4. Transfers from unencumbered special or local improvement district funds.
Where all outstanding bonds of a special or local improvement district have been paid and money remains to
the credit of the district or in a special fund created pursuant to section 13.3 for the said bond issue, it may be
transferred, in whole or in part, by ordinance, to a surplus and deficiency fund, and whenever there is a deficiency
in any special or local improvement district fund to meet the payment of outstanding bonds and interest due
thereon, the deficiency shall be paid out of the said fund; or in the alternative, council, may by ordinance, transfer
all or part of any unencumbered balance from a special or local improvement district fund or a special fund
created pursuant to section 13.3 for the said bond issues to any other city fund.
Sec. 13.5. Payment of bonds by city.
Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued
and for any reason the remaining assessments are not paid in time to redeem the final bonds of the district, the
city shall pay the bonds when due and reimburse itself by collecting the unpaid assessments due the district.
Sec. 13.6. Review of improvement district proceedings.
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No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of,
or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments
authorized by this chapter, or for any other relief against any acts or proceedings of the city done or had under this
chapter, shall be maintained against the city, unless commenced within thirty (30) days after the date of passage
of the resolution or ordinance complained of, or else be thereafter perpetually barred.
CHAPTER XIV. INTERGOVERNMENTAL RELATIONS
Sec. 14.1. Regional service authorities.
In the interest of governmental services provided on a regional or area-wide basis and the benefits realized
by the City of Wheat Ridge from said services, the council may by ordinance provide approve grants of municipal
funds by ordinance provide grants of municipal funds and services on a regional or area-wide basis., existing at the
time this Charter becomes effective or thereafter created. The council shall also have the authority to allow city
participation in said service authorities in any manner it deems in the best interest of the city.
Sec. 14.2. Cooperative intergovernmental contracts.
The council may, by resolution or by ordinance, enter into contracts or agreements with other governmental
units or special districts for the joint use of buildings, equipment, or facilities, or for furnishing or receiving
commodities or services.
CHAPTER XV. UTILITIES AND FRANCHISES
Sec. 15.1. General powers.
The city shall have and exercise with regard to all utilities and franchises, all municipal powers, including
without limitation, all powers now existing and which may be hereafter provided by the constitution and statutes.
The right of the city to construct, lease, purchase, acquire, condemn or operate any public utility, work or way is
expressly reserved. Except as otherwise provided by constitution, or this Charter, all powers concerning the
granting, amending, revoking, or otherwise dealing in franchises, shall be exercised by the council. Any utility
serving entirely within the corporate boundaries of the city may be acquired, purchased, or constructed without
the requirement of an election.
Sec. 15.2. Water rights.
The city shall have the authority to buy, sell, exchange, lease, own, control and otherwise deal in water
rights.
Sec. 15.3. Utility rates.
The council shall, by ordinance, establish rates, rules and regulations and extension policies for services
provided by city-owned utilities, both within and outside the corporate limits of the city.
Sec. 15.4. Management of municipal utilities.
All municipally owned or operated utilities shall be administered as a regular department of the city.
Sec. 15.5. Use of public places by utilities.
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Every public utility, whether it has a franchise or not, shall pay such part of the cost of improvement or
maintenance of streets, alleys, bridges, and other public places as shall arise from its use thereof and shall protect
and save the city harmless from all damages arising from said use. Every such public utility may be required by the
city to permit joint use of its property and appurtenances located in the streets, alleys or other public places of the
city by the city and by other utilities insofar as such joint use may be reasonably practicable.
Sec. 15.6. Granting of franchises.
(a) With the exception of cable franchises, no franchise shall be granted except upon approval by a majority of
the registered electors voting thereon.
(b) The council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters
related to the granting of franchises.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1498, § 1, 8-22-11)
Sec. 15.7. Existing franchises.
All franchise ordinances and agreements of the city in effect at the time this Charter is effective shall remain
in full force and effect in accordance with their respective terms and conditions unless modified by another
franchise.
Sec. 15.8. Transit facilities.
Council may require by ordinance and by fair apportionment of the cost, any railroad or other transportation
system to elevate or lower any of its right-of-way or tracks running over, under, along or across any public
thoroughfare; and to construct and maintain all street crossings, bridges, viaducts and other conveniences in good
condition with proper approaches and safety devices.
Sec. 15.9. Revocable permits.
The council may grant a permit at any time for the temporary use or occupation of any street, alley, or city-
owned place, provided such permit shall be revocable by the council at its pleasure, regardless of whether or not
such right to revoke be expressly reserved in such permit.
Sec. 15.10. Franchise records.
The city shall cause to be kept in the office of the city clerk an indexed franchise record in which shall be
transcribed copies of all franchises heretofore and hereafter granted. The index shall give the name of the grantee
and any assignees. The record, a complete history of all such franchises, shall include a comprehensive and
convenient reference to all actions at law affecting the same, and copies of all annual reports and such other
matters of information and public interest as the council may from time to time require.
CHAPTER XVI. MISCELLANEOUS LEGAL PROVISIONS
Sec. 16.1. Reservation of power.
The power to supersede any law of this state now or hereafter in force, insofar as it applies to local or
municipal affairs shall be reserved to the city, acting by ordinance subject only to restrictions of article XX of the
Constitution of the State of Colorado.
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Sec. 16.2. Bequests, gifts and donations.
The council, on behalf of the city, may receive or refuse bequests, gifts and donations of all kinds of real and
personal property in fee simple or trust for public, charitable or other purposes, and do all things and acts
necessary to carry out the purpose of such gifts, bequests and donations with the power to manage, sell, lease or
otherwise dispose of the same in accordance with the terms of the gift, bequest or trust, or the council may
delegate such power to persons as it may deem advisable.
Sec. 16.3. Liability of the city.
No action for recovery of compensation for personal injury, death or property damage against the city on
account of its negligence or other tort shall be maintained unless written notice of the alleged time, place and cause of injury, death or property damage is given to the city clerk by the person injured, histhe injured person’s
agent or attorney, within one hundred eighty (180) days of the occurrence causing the injury, death or property
damage. The notice given under the provisions of this section shall not be deemed invalid or insufficient solely by
reason of an inaccuracy in stating the time, place or cause of injury, if it is shown that there was no intent to
mislead and that the city, in fact, was not misled thereby. This provision shall not be construed as a waiver of any
governmental immunity the city may now, or in the future, have.
Sec. 16.4. Eminent domain.
The city shall have the right of eminent domain within or without its corporate limits as provided by the
Constitution of the State of Colorado and statutes.
Sec. 16.5. Sale of real property.
The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without
first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire
council, by ordinance, shall be necessary for sale or disposition of designated park land.
Sec. 16.6. Severability of Charter provisions.
If any provision, section, article or clause of this Charter or the application thereof to any person or
circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or
application of the Charter which can be given effect without the invalid portion or application, provided such
remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is
declared to be severable.
Sec. 16.7. Charter amendments.
This Charter may be amended at any time in the manner provided in section 16.8 of this Charter. Nothing
herein contained shall be construed as preventing the submission to the people of more than one (1) Charter
amendment at any one (1) election. If provisions of two (2) or more proposed amendments conflict or are
inconsistent and are adopted or approved at the same election, the amendment receiving the highest affirmative
vote shall become effective.
Sec. 16.8. Procedure to amend the Charter.
Proceedings to amend this Charter may be initiated by:
(a) A petition signed by at least five (5) percent of the registered electors of the City of Wheat Ridge; or
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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(b) An ordinance adopted by the council submitting the proposed amendment to a vote of said registered
electors.
Within thirty (30) days from the initiation of proceedings to amend this Charter, the council shall publish notice of
and call an election upon the proposed amendment, which election shall be held not less than thirty (30) nor more
than one hundred eighty (180) days after publication of the notice thereof. Notice of a proposed Charter
amendment shall contain the full text thereof.
If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall
be deemed approved.
Sec. 16.9. Charter repeal.
This Charter may be repealed as provided by the Constitution and the statutes of the State of Colorado as
now existing or hereafter amended or modified.
Sec. 16.10. Interpretations.
Except as otherwise specifically provided or indicated by the context thereof, all words used in this Charter
indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and
include the time of the happening of any event for which provision is made herein. The singular number shall
include the plural, the plural shall include the singular and the masculine gender shall extend to and include the
feminine gender and neuter, and the word "person" may extend and be applied to bodies politic and corporate
and to partnerships as well as to individuals.
Sec. 16.11. Definitions.
As used in this Charter, the following words and phrases shall have the following meaning:
(a) Ad valorem or general property tax. A tax levied on property in the form of a percentage of the value of
the property.
(b) Appropriation. The authorized amount of monies set aside for expenditure during a specific time for a
specific purpose.
(c) City. The City of Wheat Ridge, Colorado, a municipal corporation.
(d) City administration. The elected mayor and city manager of the City of Wheat Ridge appointed
pursuant to this Charter.
(e) City Clerk. The clerk of the City of Wheat Ridge.
(f) Constitution. The Constitution of the State of Colorado.
(g) Council. The city council of the City of Wheat Ridge.
(h) Elector or registered elector. A resident of the city qualified to vote under the Constitution and statutes
of the State of Colorado.
(i) Employee. A person employed by the City of Wheat Ridge.
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(j) Franchise. An irrevocable privilege granted by the city permitting a specified use of public property for
a specified length of time.
(k) General municipal election. A municipal election held every two (2) years at which candidates for
elective offices of the city are voted upon in accordance with this Charter.
(l) Officer and/or official. Any person elected to office or appointed by the council or mayor, including
appointees to boards and commissions and the city manager.
(m) Public utility. Any person, firm or corporation operating power or light systems, communicating
systems, water, sewer or scheduled transportation systems, and serving or supplying the public
whether or not under a franchise granted by the city.
(n) Statutes or laws. The applicable laws of the State of Colorado as they now exist or as they may be
amended, changed, repealed or otherwise modified by legislative procedure.
(o) City Treasurer. The city treasurer of the City of Wheat Ridge.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 16.12. Chapter and section headings.
The chapter, section and subsection headings are inserted for convenience and reference only and shall not
be construed to limit, describe or control the scope or intent of any provision therein.
CHAPTER XVII. TRANSITIONAL PROVISIONS
Sec. 17.1. Effective date of Charter.
This Charter shall become effective immediately upon voter approval, except as otherwise provided in this
chapter.
Sec. 17.2. Status of transitional provisions.
The purpose of this chapter is to provide for an orderly transition from the present city government of Wheat Ridge to a home rule government under the provisions of this Charter. This chapter shall constitute a part
of this Charter, during the transition period, only to the extent required to accomplish that purpose.
Sec. 17.3. Transition period.
The period from the voter approval of this Charter to November 6, 1979, shall be known as the "transition
period." During this period, all officers and employees of the city shall proceed, with due diligence, to put into
effect the provisions of this Charter. During the transition period the council shall, by resolution, designate the
dates the various provisions become operative and the agency or agencies on which they shall become operative.
Until superseded by this Charter or any provision thereof the state statutes shall continue in effect.
For the purpose of the November 6, 1979, general municipal election, the council shall complete the
apportionment of the city into four (4) council districts prior to December 31, 1978.
Sec. 17.3. Prior city legislation.
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All ordinances, resolutions, rules and regulations of the city which are not inconsistent with this Charter and
which are in force and effect at the effective date of this Charter shall continue in full force and effect until
repealed or amended. Those provisions of any effective ordinance, resolution, rule and regulation which are
inconsistent with this Charter are hereby repealed.
Sec. 17.5. Continuation of elected officers.
The present elected officers or their appointed successors in office at the time of the adoption of this Charter
shall continue to serve and carry out the functions, powers and duties of their offices until their successors assume
the duties of their offices.
Sec. 17.6. Continuation of boards and commissions.
All boards and commissions in office at the time of adoption of this Charter shall continue to function with
their present powers and structure as provided in the respective ordinances.
Sec. 17.7. Continuation of appointed officers and employees.
Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and all
employees of the city shall continue in that city office or employment, which corresponds to the city office or
employment which they held at the time of the effective date of this Charter, as though they had been appointed
or employed in the manner provided in this Charter, and they shall in all respects be subject to the provisions of
this Charter, except that any officer or employee who holds a position which this Charter provides be held at the
pleasure of the appointing officer or body, shall hold such position only at such pleasure regardless of the term for
which originally appointed.
Sec. 17.4. Saving clause.
This Charter shall not affect any suit pending in any court or any document heretofore executed in
connection therewith. Nothing in this Charter shall invalidate any existing agreements or contracts between the
City of Wheat Ridge and individuals, corporations or public agencies.
ITEM NO: 1b
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 39-2024 – A RESOLUTION
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON
NOVEMBER 5, 2024
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Sr. Deputy City Clerk City Manager
ISSUE:
The City of Wheat Ridge will participate in a coordinated election on November 5, 2024. The attached Resolution and Intergovernmental Agreement must be executed and forwarded to Jefferson County by Tuesday, August 27, 2024. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. The duties of the County Clerk include, but
are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, mailing of the ballots, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge’s “Election Officer” and the designated
election official. The City Clerk shall act as the primary liaison between the City of Wheat Ridge
and the Contact Officer for the County Clerk and Recorder.
Council Action Form – Approve Election IGA August 26, 2024 Page 2
PRIOR ACTION: None
FINANCIAL IMPACT:
The City of Wheat Ridge shall pay its pro-rated costs (defined in the IGA) for all services, equipment, forms, and supplies provided by the County Clerk pursuant to this Agreement. The Jurisdiction’s pro-rated costs shall be determined in accordance with the formula set forth in the IGA (Exhibit A) attached hereto and incorporated herein by this reference. BACKGROUND: The City of Wheat Ridge is authorized to conduct elections and coordinate with the County, per the state law. RECOMMENDATIONS:
The County Clerk and the City Clerk of the City of Wheat Ridge have determined that it is in the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions in the Intergovernmental Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 39-2024, a resolution authorizing the appropriate city officials to execute an intergovernmental agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their
respective duties concerning the conduct of the coordinated election to be held on November 5,
2024.” Or,
“I move to postpone indefinitely Resolution No. 39-2024, a resolution authorizing the
appropriate city officials to execute an intergovernmental agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2024, for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 39-2024 2. Exhibit A - IGA between Jefferson County and City of Wheat Ridge
CITY OF WHEAT RIDGE RESOLUTION NO. 39 Series of 2024
TITLE: A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF
WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 5, 2024
WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the
Jefferson County Clerk (“County Clerk”) and the City of Wheat Ridge (“City”) shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2024 (“Election”); and
WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the
“City Clerk”) are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a “coordinated mail ballot election” as such term is defined in the Uniform Election Code of 1992, C.R.S.
Title 1, as amended (“Code”) and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (“Rules”); and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and
WHEREAS, the County Clerk and the City have determined that it is in the County’s and City’s best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge: Section 1. The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the
County of Jefferson regarding the administration of the County’s and City’s respective duties concerning the conduct of the coordinated election to be held on November 5, 2024 (“IGA”), attached hereto as Exhibit A. Section 2. For the purposes of the November 5, 2024, election and to carry out
the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992.
ATTACHMENT 1
DONE AND RESOLVED on this 26th day of August 2024.
Bud Starker, Mayor ATTEST:
_____________________________ Margy Greer, Sr. Deputy City Clerk
EXHIBIT A
Intergovernmental Agreement
TM 23-0279 Page 1 of 16
INTERGOVERNMENTAL AGREEMENT FOR ELECTION COORDINATION
THIS INTERGOVERNMENTAL AGREEMENT FOR ELECTION COORDINATION
(this “Agreement”), dated for reference purposes only this 25th day of July, 2024, is by and between
the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO
(“County Clerk”) and the City of Wheat Ridge, Colorado (the “Jurisdiction,” and together with the
County Clerk, the “Parties.”)
RECITALS
A.The County Clerk and the Jurisdiction are authorized to conduct elections under Colorado
law;
B.The Parties wish to coordinate the administration of their respective election matters at the
upcoming election to be held on November 5, 2024 (the “Election”); and
C.This Agreement sets forth the Parties’ respective duties and responsibilities in connection
with the preparation for, and conduct of, the Election.
AGREEMENT
In consideration of the foregoing recitals and the mutual covenants and promises herein contained,
the Parties agree as follows:
1.Definitions. Capitalized terms not otherwise defined herein shall have the meanings set
forth below:
a.“Applicable Law” means all law applicable to the Election, including, without
limitation, the Colorado Constitution, the Uniform Election Code (as defined below),
UOCAVA (as defined below) and the Rules (as defined below).
b.“Ballot Box” means a locked and secured container meeting the requirements of
Applicable Law in which ballots may be deposited.
c.“Ballot Issue” shall have the meaning ascribed to that term in C.R.S. § 1-1-104(2.3).
d.“Ballot Issue Notice” shall have the meaning ascribed to that term in C.R.S. § 1-1-
104(2.5).
e. “Ballot Measure” means any Ballot Issue or Ballot Question.
f.“Ballot Question” shall the meaning ascribed to that term in C.R.S. § 1-1-104(2.7).
g.“Election Audit” means a risk-limiting audit performed in accordance with the
requirements of C.R.S. § 1-7-515.
h.“Election Canvass” means the process of reconciling the ballots cast in the Election
to the ballots counted, which is performed in accordance with the requirements of
C.R.S. § 1-10-101, et seq.
ATTACHMENT 2
TM 23-0279 Page 2 of 16
i. “Precinct” means an area with established boundaries within the Jurisdiction used to
establish election districts.
j. “Rules” means the current rules and regulations governing election procedures
adopted by the Colorado Secretary of State, including any amendments adopted after
execution of this Agreement.
k. “Shared Election Costs” means all costs incurred by the County Clerk in connection
with the Election that are eligible to be shared between the County Clerk and the
Jurisdiction. Shared Election Costs include, without limitation, all costs incurred by
the County related to temporary election staff (such as election judges), including
training and onboarding costs, regular County Clerk employee overtime costs related
to the Election, the cost of printing ballots, costs for non-routine support,
maintenance, handling and delivery of Election equipment, hardware and software,
the cost of preparing minority language sample ballots and TABOR Books, costs of
Election forms, materials, supplies and postage, VSPC rental and setup costs, and
costs of Election Day meals.
l. “TABOR Book” means a booklet containing Ballot Issue Notices prepared and
mailed to eligible voters in accordance with Applicable Law and the terms of this
Agreement.
m. “Uniform Election Code” means Articles 1 to 13 of Title 1 of the Colorado Revised
Statutes.
n. “UOCAVA” means the Uniformed and Overseas Citizens Absentee Voting Act, 52
U.S.C. § 20301, et seq., as incorporated in Colorado pursuant to C.R.S. 1-8.3-101, et
seq.
2. Term. The term of this Agreement shall commence on the date it is validly executed by
both Parties and shall continue until all obligations of both Parties under the Agreement
have been completed.
3. Designation of Coordinated Election Official. The Parties agree that the County Clerk
shall serve as the “Coordinated Election Official” for the Election. As the Coordinated
Election Official, the County Clerk shall conduct the Election on behalf of the Jurisdiction
and shall be responsible for performing such duties as are assigned to a Coordinated
Election Official under Applicable Law, except to the extent specifically modified herein.
TM 23-0279 Page 3 of 16
4. Designation of Liaisons.
a. Each Party designates the individuals listed below as its liaison and alternate liaison
hereunder.
County Clerk Liaison
Cynthia Rasor
Jefferson County Elections Division
3500 Illinois Street, Suite 1100
Golden, CO 80401
Direct Phone: (303) 271-8115
Office Phone: (303) 271-8111
Email: logistics@jeffco.us
Alternate County Clerk Liaison
Geneice Murphy
Jefferson County Elections Division
3500 Illinois Street, Suite 1100
Golden, CO 80401
Office Phone: (303) 271-8111
Email: gmurphy@jeffco.us
Jurisdiction Liaison
Name
Title/Office
Address
City, State, Zip Code
Direct Phone Number
Office Phone Number
Email
Alternate Jurisdiction Liaison
Name
Title/Office
Address
City, State, Zip Code
Direct Phone Number
Office Phone Number
Email
b. The County Clerk Liaison shall act as the County Clerk’s primary liaison with the
Jurisdiction for the Election and shall have primary responsibility for performance of
the County Clerk’s obligations hereunder. In the event the Jurisdiction needs
immediate assistance and the Election Liaison is unavailable, the Jurisdiction shall
contact the Alternate County Clerk Liaison.
c. The Jurisdiction Liaison shall act as the Jurisdiction’s primary liaison with the County
Clerk for the Election and shall have primary responsibility for the performance of
the Jurisdiction’s obligations hereunder. In the event the County Clerk needs
immediate assistance and the Jurisdiction Liaison is unavailable, the County Clerk
shall contact the Alternate Jurisdiction Liaison.
TM 23-0279 Page 4 of 16
5. Notices. All correspondence and notices required to be given under this Agreement shall
be delivered to the Parties’ respective liaisons identified above at the addresses listed above
and shall be deemed received: (1) three days after the same is mailed by first class, certified
mail; (2) immediately upon hand delivery; or (3) immediately upon email transmission, if
transmitted on a business day and during normal business hours of the recipient, and
otherwise on the next business day following transmission.
6. Mail Ballot Election. The Election shall be held on November 5, 2024 (“Election Day”)
and shall be conducted as a mail ballot election in accordance with the procedures of the
Mail Ballot Election Act, C.R.S. § 1-7.5-101, et seq.
7. Jurisdictional Limitation.
a. If the Jurisdiction encompasses territory outside of Jefferson County, Colorado, this
Agreement shall be construed to apply only to that portion of the Jurisdiction that falls
within Jefferson County.
b. Notwithstanding the foregoing, if the Jurisdiction encompasses territory outside of
Jefferson County, the County Clerk will coordinate with the designated election
official(s) of such other territories for the purpose of assigning ballot numbers/letters,
certifying TABOR Book content, and other matters appropriate under Applicable
Law, in accordance with the Rules governing “controlling counties.”
8. No Use of Ranked Choice Voting. The Jurisdiction has not provided notice to the County
Clerk that any of the Jurisdiction’s races or contests will use ranked choice voting.
Accordingly, ranked choice voting will not be used for any of the Jurisdiction’s races or
contests.
9. Responsibilities of the Parties. The Jurisdiction and County Clerk shall perform the
following responsibilities in connection with the preparation for, and conduct of, the
Election, in accordance with the terms of this Agreement and Applicable Law:
a. Execution and Documentation of Authority. On or before 12:00 pm on August 27,
2024 the Jurisdiction shall email the County Clerk:
i. a PDF of this Agreement validly executed by the Jurisdiction; and
ii. a copy of a duly-passed resolution stating that the Jurisdiction will coordinate
with the County Clerk in the Election in accordance with the terms of this
Agreement and Applicable Law and authorizing the Jurisdiction to enter into
this Agreement. The email shall be sent to logistics@jeffco.us.
b. Maps and Legal Descriptions.
i. Promptly upon execution of this Agreement, the Jurisdiction shall provide the
County Clerk with the Jurisdiction’s current shapefiles (point-to-point geometry
using points, lines and area features to define the Jurisdiction’s boundaries) or
updated address library files, including each Precinct, district/ward and the
TM 23-0279 Page 5 of 16
voting jurisdiction, if there were any changes to the boundaries of the
Jurisdiction after January 1, 2024.
c. Election Preparation and Support
i. VSPCs. The County Clerk shall establish, staff, equip and operate all Voter
Service Polling Centers.
ii. Election Judges. The County Clerk shall engage, train and coordinate the
scheduling of all election judges.
iii. Equipment and Supplies. The County Clerk shall obtain all necessary
equipment and supplies to conduct the Election, including all voting equipment,
ballots and forms.
iv. Ballot Boxes. The County Clerk shall establish, maintain, and collect ballots
from all Ballot Boxes.
1) The Jurisdiction shall not take any action that would prevent voters from
accessing any Ballot Box twenty-four hours per day during the period
beginning October 11, 2024 through and including Election Day.
v. Ballot Counting Process. The County Clerk shall (1) establish, staff, equip and
operate a centralized ballot counting location for the Election, (2) establish ballot
counting procedures for the Election; and (3) establish backup ballot counting
procedures and sites for ballot counting in the event its ballot counting
equipment fails during the Election.
vi. Voter Support. The County Clerk shall provide telephone and in-person support
to voters during the in-person voting period and from 7:00 a.m. to 7:00 p.m. on
Election Day.
vii. Election Notices. The County Clerk shall publish all Election notices required
by Applicable Law.
1) The Jurisdiction shall not publish any notice related to the Election without
first obtaining the approval of the County Clerk. To request approval to
publish a notice the Jurisdiction shall provide the County Clerk with all
relevant information related to the proposed publication, including a copy
of the proposed notice, at least one (1) week prior to the Jurisdiction’s
deadline for submitting the proposed notice to the publisher. The
Jurisdiction shall bear full responsibility for any Election notices published
without the County Clerk’s approval and shall comply with all instructions
issued by the County Clerk to remedy any incorrect or improper notices.
d. Logic and Accuracy Test. The County Clerk shall prepare for and conduct the Logic
and Accuracy Test (“LAT”).
TM 23-0279 Page 6 of 16
1) The County Clerk will notify the Jurisdiction of the date and time of the
LAT, once it has been scheduled, and request confirmation as to whether
the Jurisdiction intends to attend the LAT. If the Jurisdiction wishes to
attend and witness the LAT, the Jurisdiction Liaison must submit the name
of the Jurisdiction’s attendee in writing to the County Clerk within seventy-
two (72) hours of its receipt of the above-described notice. If the
Jurisdiction fails to meet this deadline, the County Clerk shall deem the
failure to be a decision by the Jurisdiction not to witness the LAT and will
act on behalf of the Jurisdiction, as appropriate.
e. Certification of Jurisdiction Ballot Measures. The Jurisdiction shall be responsible
for certifying, and for taking all actions required by Applicable Law to certify, any
Ballot Measures included on the Jurisdiction’s ballot certification (including both
Ballot Measures referred by the Jurisdiction itself and citizen-initiated Ballot
Measures affecting the Jurisdiction).
f. Ballot Preparation
i. No later than 12:00 p.m. on September 6, 2024, the Jurisdiction shall
electronically submit its ballot certification to the County Clerk via text
document (preferably Microsoft Word – no PDF). If the Jurisdiction fails to
submit the ballot certification by the above deadline, the ballot certification may
not be accepted by the County Clerk.
1) The Jurisdiction shall submit its ballot certification using the ballot
certification template provided by the County Clerk.
2) The Jurisdiction’s ballot certification shall include all of the races,
candidates and contests that will be presented to the Jurisdiction’s voters
in the Election, including the text of all Ballot Measures, in the exact order
that they need to appear on the ballot.
3) The ballot certification shall not be embedded in an email and shall not
contain any extraordinary (unique) formatting. Examples of extraordinary
(unique) formatting not permitted in the ballot certification include, but are
not limited to: (a) text boxes; (b) charts; (c) spreadsheets; (d) strikeouts; (e)
bolding; and (f) symbols.
4) The Jurisdiction shall proofread the language of any Ballot Measures that
appear in the ballot certification prior to sending it to the County Clerk for
initial text lay out. The Jurisdiction shall be solely responsible for ensuring
the legality and accuracy of all Ballot Measure language.
5) The Jurisdiction shall ensure the correct spelling of the name of each
candidate running for Jurisdiction office, if applicable.
TM 23-0279 Page 7 of 16
6) The Jurisdiction shall not assign a ballot number to any Ballot Measure.
The County Clerk shall determine the numbering of all Ballot Measures
and will provide the Jurisdiction with the ballot number after ballot
certification.
ii. Upon receipt of the ballot certification from the Jurisdiction, the County Clerk
will:
1) Consolidate the ballot certification content received from all Jurisdictions
and organize it into the structure in which it will appear on the printed
ballot(s);
2) Determine the numbering of all Ballot Measures; and
3) Provide a document containing the Jurisdiction’s final draft ballot printing
layout and text to the Jurisdiction, with instructions to perform a final
review and provide final approval by a date set forth in the instructions.
4) The County Clerk reserves the right to change the content of the
Jurisdiction’s ballot certification (other than candidate name/ballot
question content) in order to ensure ballot consistency.
iii. Upon receipt of the final draft ballot layout from the County Clerk, the
Jurisdiction Liaison or Alternate Jurisdiction Liaison shall be available to
perform a final review and proofread of the ballot layout and provide final
approval to the County Clerk by the deadline included in the instructions sent to
the Jurisdiction. Once approved, the ballot layout cannot be changed.
iv. Between October 11, 2024 and October 18, 2024, the County Clerk shall print
and mail ballots to each active eligible Jefferson County voter, together with
voter instructions, outgoing envelope, return envelope and any other items
required by Applicable Law.
v. From October 15, 2024 through the 8-day mailing cutoff, the County Clerk shall
mail supplemental ballots to eligible Jefferson County voters who were not
included in the initial mailing.
g. Preparation of Spanish Language Ballot
i. In accordance with Applicable Law, the County Clerk will prepare an in-person
Spanish language ballot containing all of the same content that is on the English
language ballot and make the Spanish language ballot accessible to Jefferson
County voters on the County Clerk’s public website, at Voter Service Polling
Centers, and at such other locations as the County Clerk determines. The County
Clerk reserves the right to determine whether the in-person Spanish language
ballot is made available to voters in printed or electronic form.
TM 23-0279 Page 8 of 16
ii. The Jurisdiction shall be responsible for preparing a Spanish language
translation of the title and text of all Ballot Measures included on the
Jurisdiction’s ballot certification (including both Ballot Measures referred by the
Jurisdiction itself and citizen-initiated Ballot Measures affecting the
Jurisdiction) and all Jurisdiction offices on the ballot.
1) The Jurisdiction’s Spanish language ballot translation shall be prepared in
accordance with Applicable Law including, without limitation, all
applicable requirements of the Ballot Access for All Citizens Act, C.R.S.
§§ 1-5-901 et seq., and the Secretary of State’s rules promulgated
thereunder. Without limiting the generality of the foregoing, the
Jurisdiction (a) shall have the Spanish language ballot translation prepared
by a “qualified translator or interpreter,” as that term is defined in C.R.S. §
1-5-903(4) and Secretary of State Rule 4.8.9; and (b) shall provide a
Spanish language ballot translation that is linguistically accurate, culturally
appropriate, and technically consistent with the original documents.
iii. On or before 12:00 pm on September 6, 2024, the Jurisdiction shall
electronically submit its Spanish language ballot translation to the County Clerk
via text document (preferably Microsoft Word – no PDF).
1) The Jurisdiction’s Spanish language ballot translation shall include the text
of all Jurisdiction offices and Ballot Measures on the Jurisdiction’s ballot
certification, in the exact order that they will appear on the ballot.
iv. The County Clerk shall be responsible for providing Spanish language
translations of all voter instructions and voter information in the TABOR Book,
and other ballot content not required to be provided by the Jurisdiction or other
participating jurisdictions. The Jurisdiction agrees to release the County Clerk
from all claims it may have relating to the County Clerk’s translation of such
content (including, without limitation, all claims relating to the accuracy of the
translation) provided that the County Clerk (a) has had the translation performed
by a qualified translator or interpreter; and (b) otherwise complies with
Applicable Law. The County Clerk is under no obligation to re-translate voter
instructions or voter information that has not changed from prior years.
h. Ballot Counting / Result Reporting
i. The County Clerk shall count all ballots received during the Election voting
period.
ii. Between 7:00 p.m. and 7:30 p.m., and at approximately 9:00 p.m., on Election
Day, the County Clerk shall upload unofficial Election results to the Election
Night Reporting (“ENR”) system (unless the Secretary of State waives or
modifies these deadlines or the ENR system is offline or otherwise unavailable).
TM 23-0279 Page 9 of 16
iii. The County Clerk shall have the right, but not the obligation, to upload unofficial
Election results to its public website on or after Election Day.
iv. Upon completion of the Election Canvass on November 27, 2024, the County
Clerk shall upload a Jurisdiction-wide summary of the official Election results
to the ENR system.
v. If there is not a recount affecting the County, the County Clerk shall upload the
official Precinct or District-level Election results and Cast Vote Record to its
public website and make these results available to the Jurisdiction upon request
on December 6, 2024. If there is a recount affecting the County, the County
Clerk shall upload the official Precinct or District-level results and Cast Vote
Record to its public website and make these results available to the Jurisdiction
upon request within three (3) business days following completion of the recount.
i. Election Audit. On or before November 26, 2024, the County Clerk, in collaboration
with the Election audit board(s), shall conduct, assist and oversee the Election Audit.
i. The County Clerk will notify the Jurisdiction of the date and time of the Election
audit, once it has been scheduled, and request confirmation as to whether the
Jurisdiction intends to attend the audit. If the Jurisdiction wishes to attend and
witness the audit, the Jurisdiction Liaison must submit the name of the
Jurisdiction’s attendee in writing to the County Clerk within seventy-two (72)
hours of its receipt of the above-described notice. If the Jurisdiction fails to meet
this deadline, the County Clerk shall deem the failure to be a decision by the
Jurisdiction not to witness the Election audit and will act on behalf of the
Jurisdiction, as appropriate.
j. Election Canvass. On or before November 27, 2024, the County Clerk shall instruct
and oversee the board of canvassers, who are responsible for conducting an Election
Canvass and certifying the official abstract of votes cast for all candidates and Ballot
Measures in the Election.
i. The County Clerk will notify the Jurisdiction of the date and time of the Election
canvass, once it has been scheduled, and request confirmation as to whether the
Jurisdiction intends to attend the canvass. If the Jurisdiction wishes to attend and
witness the canvass, the Jurisdiction Liaison must submit the name of the
Jurisdiction’s attendee in writing to the County Clerk within seventy-two (72)
hours of its receipt of the above-described notice. If the Jurisdiction fails to meet
this deadline, the County Clerk shall deem the failure to be a decision by the
Jurisdiction not to witness the Election canvass and will act on behalf of the
Jurisdiction, as appropriate.
k. Election Recount. The County Clerk shall conduct an Election recount, if required
by Applicable Law.
TM 23-0279 Page 10 of 16
10. Duties Subject to Jurisdiction Performance. The responsibility of the County Clerk to
perform the duties set forth above are contingent upon the Jurisdiction’s performance of its
own duties hereunder. The County Clerk shall not be responsible for failing to meet any
deadlines for mailing the TABOR Book if such failure was caused by the Jurisdiction’s
failure to timely submit the required information in a form required by this Agreement and
Applicable Law.
11. Compliance with Deadlines. The County Clerk may provide the Jurisdiction with a
schedule of Election-related dates and deadlines. If the County Clerk provides such a
schedule, the Jurisdiction shall comply with the deadlines included therein.
12. Withdrawal/Cancellation
a. The Jurisdiction may cancel an election of persons to office or withdraw a Ballot
Measure only as permitted by Applicable Law.
b. If the Jurisdiction resolves to cancel an election to office or withdraw a Ballot
Measure, the Jurisdiction shall do the following:
i. Provide the County Clerk with written notice of such determination
immediately;
ii. Provide public notice by publication of such cancellation or withdrawal as
required by Applicable Law; and
iii. Pay the County Clerk its actual costs incurred in connection with the cancelled
election or withdrawn Ballot Measure, which may include costs incurred by the
County Clerk both before and after receipt of the Jurisdiction’s notice of
cancellation or withdrawal. Such payment shall be due within thirty (30) days
after the Jurisdiction’s receipt of an invoice from the County Clerk for such
payment.
c. The Jurisdiction must provide written notice of a cancelled election or withdrawn
Ballot Measure no later than 12:00 p.m. on September 6, 2024 in order to have such
election or Ballot Measure removed from the ballot.
13. Recordkeeping. The County Clerk shall store all Election records, including but not
limited to all voted and unvoted ballots, voter affidavits, and Election Canvass and results
reports for the required record retention periods under federal and state law.
14. Use and Confidentiality of Voter Records. The Jurisdiction shall be responsible for
ensuring that any voter records received by the Jurisdiction are used for the sole purpose
of performing its duties described herein. The Jurisdiction shall ensure that all voter records
are maintained in accordance with the requirements of Applicable Law, including, without
limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq.
15. Payment of Shared Election Costs. The Jurisdiction shall reimburse the County Clerk
for the Jurisdiction’s pro-rated share of the Shared Election Costs. The Jurisdiction’s share
TM 23-0279 Page 11 of 16
of the Shared Election Costs shall be calculated in accordance with the formulas set forth
in Exhibit A to this Agreement. The Jurisdiction’s payment of its share of the Shared
Election Costs shall be due within thirty (30) days after the Jurisdiction’s receipt of an
invoice from the County Clerk for such payment. Any amount not paid by the above-
referenced deadline will be subject to an interest charge equal to (a) 1.5% per month; or
(b) the highest rate permitted by law, whichever is lower.
16. Payment of Recount Costs. In the event of a required or requested Election recount,
responsibility for the costs incurred by the County Clerk in connection with such recount
shall be determined in accordance with C.R.S. §§ 1-10.5-101 and 1-10.5-106. If the
Jurisdiction is responsible for any portion of such costs, payment of such portion shall be
due within thirty (30) days after the Jurisdiction’s receipt of an invoice from the County
Clerk for such payment. Any amount not paid by the above-referenced deadline will be
subject to an interest charge equal to (a) 1.5% per month; or (b) the highest rate permitted
by law, whichever is lower.
17. Miscellaneous Provisions
a. Amendment. This Agreement may not be modified or amended except in writing
signed by the Parties.
b. Entire Agreement. This Agreement and its exhibits constitute the entire agreement
between the Parties as to the subject matter hereof and supersede all prior or
contemporaneous agreements, proposals, negotiations, understandings,
representations and all other communications, both oral and written, between the
Parties.
c. Indemnification. The Parties understand and agree that liability for claims for injuries
to persons or property arising out of the acts or omissions of either party is controlled
and limited by the Colorado Constitution and the Colorado Governmental Immunity
Act (C.R.S. § 24-10-101, et seq.). Each party shall be responsible for any and all
claims incurred as a result of any alleged act or omission of the said party and its
employees, which occurred or is alleged to have occurred during the performance of
their duties within the scope of their employment, except where such acts or
omissions are willful and wonton.
d. Conflict with Law. In the event that any provision in this Agreement conflicts with
Applicable Law, this Agreement shall be modified to conform thereto.
e. Time of Essence. Time is of the essence in the performance of this Agreement. Any
deadlines or other time limits set forth in Applicable Law shall apply to completion
of the tasks required by this Agreement.
f. No Third-Party Beneficiaries. Enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly
TM 23-0279 Page 12 of 16
reserved to the Parties, and nothing contained in this Agreement shall give or allow
any such claim or right of action by any other person or entity not a party to this
Agreement.
g. Further Assurances. The Parties shall execute any other documents and to take any
other action necessary to carry out the intent of this Agreement.
h. Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties
under it will be governed by, and construed in accordance with, the laws of the State
of Colorado, without regard to the conflicts of laws and rules of Colorado. The courts
of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or
litigation arising under this Agreement. Venue for any and all legal actions arising
under this Agreement shall lie in the District Court in and for the County of Jefferson,
State of Colorado.
i. Headings. The section headings in this Agreement are for reference only and shall
not affect the interpretation or meaning of any provision of this Agreement.
j. Severability. If any provision of this Agreement is declared by a court of competent
jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to
be severable, and all other provisions of this Agreement shall remain fully
enforceable, and this Agreement shall be interpreted in all respects as if such provision
were omitted.
k. Immunities Preserved. It is the intention of the Parties that this Agreement shall not
be construed as a contractual waiver of any immunities or defenses provided by the
Colorado Governmental Immunities Act, § 24-10-101, C.R.S., et seq.
l. Execution by Counterparts; Electronic Signatures. This Agreement may be executed
in two or more counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument. The Parties approve the use of
electronic signatures for execution of this Agreement. All documents must be
properly notarized, if applicable. All use of electronic signatures shall be governed by
the Uniform Electronic Transactions Acts, C.R.S. §§ 24-71.3-101 to -121.
[The remainder of this page is intentionally left blank.]
TM 23-0279 Page 13 of 16
The Parties hereto have signed this Agreement as of the date indicated below.
JURISDICTION:
By:
Name/Title:
Date:
JURISDICTION LEGAL COUNSEL – OPTIONAL
By:
Name/Title:
Date:
COUNTY CLERK:
CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON,
STATE OF COLORADO
By:
Amanda Gonzalez, Jefferson County Clerk & Recorder
Date:
APPROVED AS TO FORM:
Jean R. Biondi
Assistant County Attorney
TM 23-0279 Page 14 of 16
EXHIBIT A
Shared Election Costs are divided into “TABOR Election Costs” and “Non-TABOR Election
Costs.” TABOR Election Costs are the costs of printing and mailing TABOR Books and are only
allocated among the County Clerk and those jurisdictions that have Ballot Issues subject to
TABOR, in accordance with Section I below. Non-TABOR Election Costs are all other Shared
Election Costs and are allocated among the County Clerk and all coordinating jurisdictions in
accordance with Section II below. If Jefferson County certifies ballot content in the form of
candidate races and/or ballot measures, the County shall be considered a coordinating jurisdiction
for purposes of allocation of costs in the Exhibit in addition to costs allocated to the County Clerk
in accordance with Sections I and II below.
Please note that the dollar amounts used in this Exhibit A are for illustration purposes only and do
not reflect actual or estimated costs of the Election.
I. Allocation of TABOR Election Costs
This section only applies to Jurisdictions with Ballot Issues subject to TABOR.
The costs incurred by County Clerk during the Election for printing and mailing TABOR Books
(the “TABOR Election Costs”) are allocated among the County Clerk and jurisdictions that have
Ballot Issues subject to TABOR as follows:
1. First, the County Clerk sets a two-tiered per-page fee based on actual cost information from
the most recent election’s TABOR Book, with different fees for large and small
coordinating jurisdictions. For the Election, the per-page fees are:
a. Small Jurisdictions (less than or equal to 10,000 active, registered voters as of
Election Day) = $2,000 per page
b. Large Jurisdictions (more than 10,000 active, registered voters as of Election Day)
= $3,000 per page
2. Next, the County Clerk counts the number of pages in the TABOR Book that contains
information regarding each jurisdiction’s Ballot Issues. The front and back covers, table of
contents, and any pages containing voter information from the County Clerk’s office will
be counted as pages allocated to the County Clerk. Partial pages are included in the count
for each jurisdiction the same as full pages.
a. Example: Jurisdictions A and B had Ballot Issues in the Election. Jurisdiction A
(a Large Jurisdiction) had 6 pages of information regarding its Ballot Issues in the
TABOR Book, and Jurisdiction B (a Small Jurisdiction) had 3 pages of information
for its Ballot Issues. The County Clerk includes 2 pages of information regarding
voting locations, voter registration and is also allocated 3 additional pages for the
TABOR Book covers and table of contents.
3. Finally, the County Clerk calculates each jurisdiction’s total share of the TABOR Election
Costs by multiplying its number of pages in the TABOR Book by the per page fee
appropriate for its jurisdiction size. If the total amount due from all jurisdictions exceeds
TM 23-0279 Page 15 of 16
the actual amount of the TABOR Election Costs incurred, the County Clerk will reduce
the per-page fees proportionately.
a. Example: The County Clerk is responsible for $15,000 in TABOR Election Costs
(5 pages at $3,000 per page), Jurisdiction A is responsible for $18,000 in TABOR
Election Costs (6 pages at $3,000 per page) and Jurisdiction B is responsible for
$6,000 in TABOR Election Costs (3 pages at $2,000 per page).
II. Allocation of Non-TABOR Election Costs
All Shared Election Costs besides the costs of printing and mailing TABOR Books (the “Non-
TABOR Election Costs”) are allocated among the County Clerk and all coordinating jurisdictions
as follows:
1. First, the County Clerk ascertains the total Non-TABOR Election Costs incurred during
the Election.
a. Example: The County Clerk incurred Shared Election Costs of $200,000 to
administer the Election, of which $100,000 was incurred to print and mail TABOR
Books, leaving a balance of $100,000 in Non-TABOR Election Costs.
2. Next, the County Clerk will determine the local portion of the Non-TABOR Election Costs
(the “Local Portion”) by subtracting out (a) the portion of the Non-TABOR Election Costs
that will be reimbursed by the State of Colorado and other Election Participants whose
reimbursements are determined by law and (b) 5 percent of the Non-TABOR Election
Costs, representing the portion of these expenses covered by the County Clerk.
a. Example: Because the Election included State-certified ballot content, the State
will reimburse the County Clerk 45% of the Non-TABOR Election Costs, or
$45,000. The County Clerk will cover another 5% of the Non-TABOR Election
costs, or $5,000. The remaining 50% of the Non-TABOR Election Costs (or
$50,000) constitutes the Local Portion.
3. Next, the County Clerk ascertains (a) the number of active, registered voters plus the
number of property owners sent a ballot in each coordinating jurisdiction for the Election;
(b) the total number of active, registered voters in the County; and (c) the percentage of the
total active, registered voters that each coordinating jurisdiction (including the County)
comprises, as of Election Day.
a. Example: Jurisdictions A, B and C participated in the Election. Jurisdiction A has
300 active, registered voters, Jurisdiction B has 200 active, registered voters, and
Jurisdiction C has 500 active, registered voters. Jurisdiction A comprises 30% of
the total (300 out of 1,000), Jurisdiction B comprises 20% of the total (200 out of
1,000), and Jurisdiction C comprises 50% of the total (500 out of 1,000).
4. Finally, the County Clerk calculates each jurisdiction’s share of the Local Portion of the
Non-TABOR Election Costs by multiplying its percentage responsibility by the Local
Portion.
TM 23-0279 Page 16 of 16
a. Example: Jurisdiction A is responsible for $15,000 of the Local Portion (30% of
$50,000), Jurisdiction B is responsible for $10,000 of the Local Portion (20% of
$50,000), and Jurisdiction C is responsible for $25,000 of the Local Portion (50%
of $50,000).
III. Calculation of Total Amount Due
1. The County calculates the total amount due from each coordinating jurisdiction by adding
the Jurisdiction’s share of the Local Portion of Non-TABOR Election Costs to the
Jurisdiction’s share of the TABOR Election costs (if the Jurisdiction had a Ballot Issue
subject to TABOR). Each jurisdiction is assessed a minimum of $1,000, so if this total is
less than $1,000, the jurisdiction would be assessed $1,000.
a. Example: Jurisdiction A owes $18,000 in TABOR Election Costs and $15,000 in
Non-TABOR Election costs, which totals $33,000. Jurisdiction B owes $6,000 in
TABOR Election Costs and $10,000 in Non-TABOR Costs, which totals $16,000.
Jurisdiction C owes $0 in TABOR Election Costs and $25,000 in Non-TABOR
Election Costs, which totals $25,000.
ITEM NO: 2
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2024 - AN ORDINANCE SUBMITTING
A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024 SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER RELATED TO BUILDING HEIGHT AT THE FORMER LUTHERAN HOSPITAL CAMPUS
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager
ISSUE: The Lutheran Legacy Campus (LLC) Master Plan was adopted in 2021 and implementation of the plan’s vision requires that the City Charter be amended to modify the building height limitations of the campus. This ordinance sets the ballot language for the November 5th election
which is due to the Jefferson County Clerk and Recorder on September 6th.
PRIOR ACTION: On April 8, 2024, City Council provided direction to staff to advance a charter amendment and a first round of public polling. On May 13, 2024, the results of Magellan’s first round of polling
were shared in a study session, and City Council provided direction for staff to continue
educating the public about the LLC Master Plan and a potential charter amendment ballot question. There was also consensus to conduct a second round of polling. At the August 5th study session Magellan presented the results of the second round of polling. Consensus was reached by City Council at that meeting to proceed with submitting ballot language to Jefferson County.
City Council approved this ordinance on first reading on August 12, 2024. A motion was made
by Councilmember Stites and seconded by Councilmember Ohm and was approved by a vote of 8 to 0.
Council Action Form – Charter Amendment LLC Height August 26, 2024 Page 2
This development framework diagram
from the Master Plan (page 51) illustrates in yellow the expectation of
lower density and lower intensity uses
on the perimeter. By contrast, the
purple shading represents a flexible mix
of uses that could be taller and more
dense in the interior of the site.
The asterisks identify some of the
existing buildings and potential reuse
opportunities. This map along with the
text of the Master Plan informs the
proposed zoning regulations and the
proposed ballot measure.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City except for election expense which is estimated at approximately $30,000.
BACKGROUND: On November 2, 1976, the residents of Wheat Ridge voted for the creation of a Home Rule Charter Commission and selected a diverse group of residents to draft a proposed Charter. The twenty-one elected members of the Charter Commission submitted to the voters of the City their proposed Home Rule Charter in 1978 which was approved by a majority of voters.
The Charter has been amended multiple times since it was approved. In 1983, voters amended the Charter to add Section 5.10.1 which established height and density restrictions. Since then, new development has been limited to 35 feet for residential uses and 50 feet for non-residential uses. The most recent Charter amendment in 2009 exempted certain areas of the City from the
height and residential density limitations of Charter Section 5.10.1. Those two areas included a portion of Wadsworth Boulevard (generally from 35th to 45th Avenues); and the majority of the I-70/Kipling Urban Renewal Area including Kipling north of 44th Avenue, Clear Creek Crossing, and the area surrounding the Wheat Ridge · Ward commuter rail station. The areas were excluded from the Charter height and density limitations entirely, and both limitations were
established through zoning. The Lutheran Legacy Campus Master Plan describes three key expectations which represent the central tradeoff associated with future redevelopment:
1. The perimeter should serve as a buffer and transition between the campus and existing
adjacent neighborhoods, 2. Future development should integrate existing assets to the greatest extent possible (such as the chapel, blue house, and trail along the Rocky Mountain Ditch), and in exchange, 3. The interior will be afforded more flexibility in terms of land use and height.
This approach is summarized in the plan’s framework map shown below. At the July 15, 2024 study session, staff noted that the fundamental intent of the Master Plan is to taper the height of development, so shorter buildings and/or larger setbacks ring the perimeter of the campus, and taller buildings are clustered toward the middle of the site. To that end, staff recommended a
height limit of 30 feet or 2.5 stories along the perimeter, which is lower than the 35-foot limit
that exists in all other residential zone districts, including the adjacent neighborhoods.
Council Action Form – Charter Amendment LLC Height August 26, 2024 Page 3
RECOMMENDATIONS: Based on the direction of the LLC Master Plan, public polling, and developer feedback, staff is recommending the following ballot question that modifies the Charter height restrictions in two
ways: In order to implement the City’s 2021 Lutheran Legacy Campus Master Plan, shall the Home Rule Charter of the City of Wheat Ridge, specifically Section 5.10.1 regarding building height, be amended for the former Lutheran Hospital campus:
• To lower the maximum allowed height for residential structures to 30 feet (2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus; and
• To limit all structures to a maximum height of 70 feet (5 stories) in the interior portion of the
campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West, and
including an area southeast of Lutheran Parkway? RECOMMENDED MOTION:
“I move to approve Council Bill No. 14-2024, an ordinance submitting a ballot question to the
voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus on second reading, order it published, and that it takes effect immediately.”
Or,
“I move to deny Council Bill No. 14-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter related to building height at the former Lutheran Hospital campus, for
the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Patrick Goff, City Manager
Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 14-2024
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES
COUNCIL BILL NO. 14 ORDINANCE NO. 1799 Series of 2024
TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024
SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER RELATED TO BUILDING HEIGHT AT THE FORMER LUTHERAN HOSPITAL CAMPUS
WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions
amending the City’s Home Rule Charter to the electorate; and
WHEREAS, the City Council adopted the Lutheran Legacy Campus Master Plan (“Master Plan”) after a public hearing on October 25, 2021; and
WHEREAS, the Master Plan documents extensive public input and community goals and describes a vision for the future of the campus that includes public open
spaces, a mix of housing options, multi-modal amenities, and the repurposing of
structures with historical value; and
WHEREAS, the Lutheran Legacy Campus is currently subject to the height restrictions of the City Charter which limit residential development to 35 feet and commercial development to 50 feet both of which are significantly shorter than the existing
91-foot hospital; and
WHEREAS, the Master Plan vision for the Lutheran Legacy Campus cannot be realized without amending the height limitations on the campus; and
WHEREAS, the amended height limitations would restrict heights on the perimeter of the campus to 30 feet in exchange for allowing heights of 5 stories or 70 feet in the
interior of the site; and
WHEREAS, the City Council wishes to refer a ballot question amending the Charter to modify such height limitations on the campus; and
WHEREAS, the Council wishes to set a ballot title for the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
ATTACHMENT 1
2
Section 1. Ballot Question Referred and Ballot Title Set.
The following ballot question is hereby referred to the electorate of the City at the November 5, 2024, special municipal election:
CITY-INITIATED PROPOSED CHARTER AMENDMENT
In order to implement the City’s 2021 Lutheran Legacy Campus Master Plan, shall the Home Rule Charter of the City of Wheat Ridge, specifically Section 5.10.1 regarding building height, be amended for the former Lutheran Hospital campus:
• To lower the maximum allowed height for residential structures to 30 feet
(2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus; and
• To limit all structures to a maximum height of 70 feet (5 stories) in the
interior portion of the campus south of 38th Avenue between Lutheran
Parkway and Lutheran Parkway West, and including an area southeast of Lutheran Parkway?
Yes/For: __________ No/Against: ___________
Section 2. Full Text of Amendment. The full text of the amendment referred to the electorate is the addition of subsection (h) to Section 5.10.1 of the City Charter:
Sec. 5.10.1. - Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or
other action, or variance except as provided in subsection (e), allow the construction
of buildings or other structures which exceed the following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and agricultural districts, including any created after passage of this amendment; residential buildings when built in nonresidential districts; the hospital-one district;
and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned industrial districts; the public buildings and facilities district; commercial and office buildings constructed in the hospital-two district; and any nonresidential district created after passage of this amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for new
hospitals in the hospital-two district, on a minimum lot area of fifty (50) acres; however, additions attached to existing hospitals in this district may be built to a height not to exceed the height of the existing building.
3
The height limitations established shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any
commercial, business or industrial use, nor to windmills, chimneys, ventilators,
transmission towers, solar heating and cooling devices, water towers, antennas, or necessary mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish height limitations for these structures.
(b) […]
(h) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height contained herein shall be amended for the former Lutheran Hospital campus to restrict residential structures to a maximum height of 30 feet (2.5 stories) when in proximity to adjacent residential neighborhoods east, west, and south of the campus and to limit all structures
to a maximum height of 70 feet (5 stories) in the interior portion of the campus south of 38th Avenue between Lutheran Parkway and Lutheran Parkway West including an area southeast of Lutheran Parkway (as shown as “Mixed-Use” on page 51 of the Lutheran Legacy Campus Master Plan, adopted October 25, 2021). This shall not modify any current zoning on any property and shall
preserve existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified through future ordinances approved by city council after public hearings.
Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading and signature by the Mayor as permitted by Section 5.11 of
the Charter.
INTRODUCED, READ, AND ADOPTED by a vote of 8 to 0 on the 12th day of August 2024 and ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for
Monday, August 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers,
7500 W. 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 26th day of August 2024.
4
SIGNED by the Mayor on this ______ day of __________ 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 13, 2024
Second Publication: August 27, 2024
Effective Date: August 26, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 3
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 15-2024 - AN ORDINANCE SUBMITTING
A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024, SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE REDUNDANT REFERENCES, CONFORM TO CURRENT STATUTORY AND CASE LAW AND MAKE OTHER NON-SUBSTANTIVE REVISIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ City Attorney City Manager
ISSUE:
Amendments to the City Charter to update and modernize the language, including provisions to remove ambiguities, clerical errors, and outdated provisions, provide additional flexibility in City operations, and ensure gender and citizenship neutrality. This ordinance sets the ballot language for the November 5th election which is due to the Jefferson County Clerk and Recorder on
September 6th.
PRIOR ACTION: City Council provided direction to staff at a special study session on May 13th to review the City Charter and bring back proposed cleanup amendments.
City Council provided consensus at the June 17th study session to accept the amendments to the City Charter as presented by staff and directed staff to bring back a draft ordinance for final approval.
A final draft ordinance was presented to City Council at the July 15 study session and consensus was received to draft a final ordinance for first reading.
Council Action Form – Charter Clean Up Amendment August 26, 2024 Page 2
City Council approved this ordinance on first reading on August 12, 2024. A motion was made by Councilmember Snell and seconded by Councilmember Hoppe and was approved by a vote of 8 to 0.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City except for election expense which is estimated at approximately $30,000.
BACKGROUND: On November 2, 1976, the residents of Wheat Ridge voted for the creation of a Home Rule
Charter Commission and selected a diverse group of residents to draft a proposed Charter. The twenty-one elected members of the Charter Commission submitted to the voters of the city their proposed Home Rule Charter in 1978 which was approved by a majority of voters. It has since been amended on multiple occasions, with the most recent major update occurring in 2009. This amendment exempted certain areas of the City from the height and residential density limitations
of Charter Section 5.10.1. The City’s Charter is equivalent to the City’s constitution. It establishes the basic legal framework for the structure and operations of City government and can only be amended by a vote of the people. Being a Home Rule Charter city in Colorado gives the city authority over
what are commonly known as “local affairs.” Local affairs are areas of law where Home Rule Charter cities exercise primary authority to make their own rules, subject only to the requirements of the Colorado Constitution and other matters determined to be of “statewide concern.” Typical “local affairs” include how a city finances and procures public works, enters
into contracts, elects its local officials, makes land use regulations, compensates its employees,
and adopts its own laws. Statutory cities, by contrast, are subject to all the laws regulating local jurisdictions adopted by the State legislature. City staff performed an exhaustive review of the charter and recommended revisions which were
approved by City Council at the June 17th study session. Many of these revisions are non-
substantive, routine harmonization of language such as: 1) deletion of legacy and transitional text that addresses interim matters solely relevant to the timing of the Charter provision’s original adoption; 2) updates to legal citations; 3) updates for compliance with changes in the law; 4) references to controlling state law; and 5) recommendations based on current practices due to
advances in technology and practice since the Charter’s adoption.
RECOMMENDATIONS: Staff recommends submitting the following ballot question to the voters of the city at the November 5, 2024, Special Municipal Election:
Shall the Home Rule Charter of the City of Wheat Ridge Colorado be amended to: eliminate
redundant references; conform to statutory changes in Colorado legislation and court decisions; make uniform all references to persons and officers; clarify notice and publication requirements; clarify the duties of the Mayor, City Clerk, City Treasurer, City Judge, and City Manager to
reflect current practice; and correct inconsistencies in reference to terms of office as a result of
prior Charter amendments?
Council Action Form – Charter Clean Up Amendment August 26, 2024 Page 3
RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat
Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions on second reading, order it published, and that it take effect immediately.” Or,
“I move to deny Council Bill No. 15-2024, an ordinance submitting a ballot question to the voters of the City at the November 5, 2024 Special Municipal Election, to amend the Wheat Ridge Home Rule Charter to eliminate redundant references, conform to current statutory and case law and make other non-substantive revisions, for the following reason(s):
_______________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 15-2024 2. Exhibit A – Proposed Charter Amendments
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SNELL
COUNCIL BILL NO. 15 ORDINANCE NO. 1800 Series of 2024
TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2024
SPECIAL MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE REDUNDANT REFERENCES, CONFORM TO CURRENT STATUTORY AND CASE LAW AND MAKE OTHER NON-SUBSTANTIVE REVISIONS
WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City
Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions amending the City’s Home Rule Charter to the electorate; and
WHEREAS, the Council wishes to refer a ballot question amending the Charter to eliminate redundant references, conform to current statutory and case law and make
other non-substantive revisions; and
WHEREAS, the Council wishes to set a ballot title for the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Ballot question referred and ballot title set.
The following ballot question is hereby referred to the electorate of the City at the November 5, 2024, special municipal election:
Ballot Question and Title:
Shall the Home Rule Charter of the City of Wheat Ridge Colorado be amended
to: eliminate redundant references; conform to statutory changes in Colorado legislation and court decisions; make uniform all references to persons and officers; clarify notice and publication requirements; clarify the duties of the Mayor, City Clerk, City Treasurer, City Judge, and City Manager to reflect current
practice; and correct inconsistencies in reference to terms of office as a result of
prior Charter amendments? Yes/For: __________ No/Against: ___________
ATTACHMENT 1
2
Full Text of Amendment:
Amend identified sections of the Charter to read as shown on the attached Exhibit A
which is fully incorporated herein by this reference.
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. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED by a vote of 8 to 0 on this 12th day of
August 2024 and ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, August 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of ___ to ___, this 26th day of August 2024.
SIGNED by the Mayor on this ______ day of __________ 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 13, 2024 Second Publication: August 27, 2024 Effective Date: August 26, 2024
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
3
EXHIBIT A
Proposed Charter Amendments
[attached]
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 1 of 38
PART I
CHARTER1
PREFATORY SYNOPSIS
On November 2, 1976, the citizensresidents of Wheat Ridge voted for the creation of a Home Rule Charter
Commission and selected a diversified group of citizensresidents to draft a proposed Charter. The twenty-one (21)
elected members of the Charter Commission submit to the voters of the City their proposed Home Rule Charter
which has been framed in conformity with article XX of the Constitution of the State of Colorado and the Municipal
Home Rule Act of 1971.
The commission members have drafted a Charter to achieve a simple and direct form of local government
based upon sound principles. It is designed to meet the present and future needs of the citizensresidents of Wheat
Ridge. The underlying concept of this document is the need for a flexible and responsive government with
maximum financial control exercised by the citizensresidents. Such a philosophy emphasizes public involvement
and encourages citizen participation in matters of local and municipal concern. The commission believes that this
charter provides for effective government through local self-determination by separating legislative and
administrative branches.
The charter provides for the Council-Manager form of government. The mayor presides over council
meetings and possesses the power of veto. The mayor shall be the recognized head of the city government for all
legal and ceremonial purposes and shall be the conservator of the peace.
The city council is established as the policy-making legislative body of the city. The council consists of eight
(8) members with two (2) members elected from each of four (4) districts. The council shall appoint
citizensresidents to all boards and commissions on an equal representation basis.
The charter provides that all elections are to be nonpartisan and conducted in accordance with Colorado
Municipal Election Law. All city officials are elected for a fourtwo-year term of office thereby providing maximum
accountability to the citizensresidents. The treasurer and city clerk remain elected officers of the city. The city
council also appoints a city manager to run the daily affairs of the city.
The rights of the people have been retained through powers of recall, initiative and referendum. Significant
tax limitations existing under present state law also are incorporated into this charter.
The proposed charter is a document of consensus and compromise. The significant consideration is the
charter itself and there is no substitute for reading it in its entirety.
(Ord. No. 1996-1038, § 1, 7-22-96)
PREAMBLE
We, the people of the City of Wheat Ridge, Colorado, under the authority of the Constitution of the State of
Colorado and in order to exercise the rights, privileges and responsibilities of self-government granted to use by
the said Constitution, do ordain and establish this home rule charter for the City of Wheat Ridge, Colorado.
1 Editor's note(s)—The City Charter is published as amended with no rewording. The printing style, however,
has been made consistent with the Code. [The certificate of the charter commission has not been published.]
ATTACHMENT 2
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 2 of 38
CHAPTER I. GENERAL PROVISIONS
Sec. 1.1. Name and boundaries.
The municipal corporation heretofore existing as the "City of Wheat Ridge" in Jefferson County of Colorado
shall remain and continue as a body politic and corporate and under this Charter shall be known as the "City of
Wheat Ridge" with the same boundaries until changed in a manner authorized by law.
Sec. 1.2. Rights and liabilities.
By the name of the City of Wheat Ridge, the municipal corporation shall have perpetual succession, shall
own, possess and hold all property, real and personal, heretofore owned, possessed and held by the City of Wheat
Ridge and does assume and manage and dispose of all trusts in any way connected therewith; shall succeed to all
the rights and liabilities and shall acquire all benefits and does assume and shall pay all bonds, obligations and
indebtedness of said City of Wheat Ridge; may, in the name of the City of Wheat Ridge, sue and defend, plead and
be impleaded in all courts and places and in all matters and proceedings; may purchase, receive, hold and enjoy, or
sell and dispose of real and personal property.
Sec. 1.3. Powers of self-government.
The city shall have all the power of local self-government and home rule and all powers possible for a city to
have under the Constitution of the State of Colorado. The city shall also have all powers that now or hereafter may
be granted to municipalities by the statutes of the State of Colorado. The enumeration of particular powers in this Charter shall not be deemed to be exclusive of others. All such powers shall be exercised in the manner prescribed
in this Charter or, if not provided for herein, in such manner as shall be provided by ordinance of the council of the
city.
Sec. 1.4. Form of government.
Diagram (Section 1.4)
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 3 of 38
(Ord. No. 1996-1034, § 1, 7-22-96)
The municipal government established by this Charter shall be the Council-Manager form of government. In a
Council-Manager government, an elected city council serves as the city's primary legislative body and appoints a
chief administrative officer called a city manager to oversee day-to-day municipal operations, to draft a budget,
and to implement and enforce the council's policy and legislative initiatives.
Sec. 1.5. Present ordinances.
All ordinances of the City of Wheat Ridge in force at the time this Charter goes into effect shall continue in
force except insofar as they may conflict with the provisions of this Charter or shall be amended or repealed by
ordinances enacted under the authority of this Charter.
CHAPTER II. ELECTIONS
Sec. 2.1. Colorado municipal elections laws adopted.
City elections shall be governed by the Colorado municipal elections laws as now existing or hereafter
amended or modified, except as otherwise provided by this Charter, or by ordinance hereafter enacted.
Sec. 2.2. MunicipalRegularGeneral and special municipal elections.
A general municipal election shall be held on the first Tuesday in November of 1979of each odd numbered
calendar year., and every two (2) years thereafter. Any special municipal election may be called by resolution or
ordinance of the city council at least sixty (60) days in advance of such election. The resolution or ordinance calling
a special municipal election shall set forth the purpose or purposes of such election. Polling places for all municipal
elections shall be open from 7:00 a.m. to 7:00 p.m. on election day.
(Ord. No. 1328, § 1, 11-2-04)
Sec. 2.3. Disclosure.
The city council shall, within six (6) months of the adoption of this Charter, adopt and thereafter maintain, by
resolution or ordinance, an election code of ethics covering the conduct of municipal elections and conduct of
candidates for municipal office; and which shall include, but not necessarily be limited to, disclosure of all
campaign contributions and expenditures of an amount in excess of that which the council may determine and the
names of the contributions and the recipients thereof.
Sec. 2.4. Election commission.
(a) An election commission is hereby created, consisting of the city clerk and two (2) registered electors of the city. These two (2) registered electors during their term of office shall not be elected city officers or
employees or candidates or nominees for elective city office. These two (2) members shall be appointed by
the city council in the first December meeting following a regular city election, for a term of two (2) years.
(b) The city clerk shall be chairperson. The election commission shall have charge of all activities and duties
required of it by statute, ordinance and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be
followed.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 4 of 38
(c) The commission shall provide procedures to establishWhere residency is in question, proof of residency
qualification where residency is in questionshall be established and confirmed by the State of Colorado
Department of State. Upon a showing for good cause, the election commission may require proof of
residency by any person registered to vote or attempting to register to vote in the City of Wheat Ridge. Said
person shall not be qualified to vote in any municipal election until the election commission is satisfied that
hesaid person has presented sufficient proof of residency as required by statute or ordinance adopted
pursuant to this Charter.
(d) The election commission shall provide for: ballots, sample ballots and any voting methods as approved by
state statutes; the determination of the winner by lot in the event of a tie vote; the canvass of returns; and
the issuance of appropriate certificates.
(e) A member of the election commission shall not act as a judge of an election.
Sec. 2.5. Nonpartisan elections.
All special and general elections shall be nonpartisan. No candidate for any municipal office shall run under
any party label.
Sec. 2.6. Recall from office.
Any incumbent of an elective office may be removed from office at any time after holding office for six (6)
months, by the qualified electors of the city in the manner herein provided.
Sec. 2.7. Recall procedure.
The procedure hereunder to effect the recall of any elective officer shall be as follows: One (1) or more
registered electors, in the case of a council member, residing in the councilmember's district, and in the case of
any other elective officer residing in the city, shall file with the city clerk an affidavit of not more than two hundred
(200) words stating the reasons for the recall of the elective officer sought to be removed. The city clerk shall,
within forty-eight (48) hourstwo (2) business days after the filing of said affidavit, mail a copy by registered mail to
the elective officer sought to be recalled, who may file with the city clerk a sworn statement in defense of the
charges made against him.that elective officer. After the affidavit has been filed, the city clerk shall issue a petition
for recall of the elective officer and said petition may be circulated and signed by registered electors who would be
entitled to vote upon the proposed recall question.
A petition signed by registered electors entitled to vote for a successor of the incumbent sought to be
recalled, equal in number to twenty-five (25) percent of the entire votes cast in the last preceding election for that
position, demanding a recall of the officer named in the petition shall be filed in the office of the city clerk.
The registered electors shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency
of such grounds assigned for such recall, and said grounds shall not be open to review.
The recall petition shall be filed with the requisite information and signatures with the city clerk within sixty
(60) days after issuance. If said petition is filed within the time specified, and is proper in all respects, the council
shall set a date for a recall election to be held within ninety (90)sixty (60) days from the date of filing with the city
clerk, unless a general or special municipal election will be held within one hundred eighty (180) days following the filing of the petition in which case the recall election shall be held in conjunction therewith. At such recall election,
the question of the proposed recall of a councilmember elected from a district within the city shall be submitted
only to the registered electors of the district from which the councilmember was elected, and the question of the
proposed recall of any other elective officer shall be submitted to the registered electors of the city.
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 5 of 38
The ballot upon which such proposed recall is submitted shall set forth the following question:
Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of office)?
Following such question shall be the words "yes" and "no."
On such ballots, under the question, there shall be printed the names of those persons who have been
nominated as candidates to succeed the person sought to be recalled.; but no vote cast shall be counted for any
candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled
from said office. The foregoing sentence or instructions shall be printed on the ballot. The name of the person
against whom the petition is filed shall not appear on the ballot as a candidate for the office.
Any registered elector desiring to become a candidate at a recall election shall file hisa petition with the city
clerk shall not less than twenty-five (2025) days after the date for the recall election has been setprior to the recall
election. . All petitions and procedures shall be in conformance with the other provisions of elections in this
Charter.
If a vacancy occurs in said office after a proper petition for a recall election has been filed with the city clerk,
the election to fill the vacancy shall nevertheless proceed as provided in this article.
The council shall make such additional rules and regulations as necessary to implement the above
procedures.
(Ord. No. 865, § 3(A), 6-24-91)
CHAPTER III. MAYOR AND ADMINISTRATION
Sec. 3.1. Election of mayor.
The mayor shall be elected by the greatest number of votes cast for that office by the electors of the City of
Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of
the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1997, hisTthe mayor’s term of office shall be for four (4) years and shall commence on hisupon the
taking of the oath of office at the ensuing organizational meeting of the city council held after the election in the
year elected and shall continue during the term for which hethe mayor shall have been elected until hisa successor
shall have been elected and duly qualified.
No person shall serve in the office of mayor for more than two (2) consecutive terms of office. This limitation
on the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997. Any
person who succeeds to the office of mayor, and who serves at least one-half of a term in the office, shall be
considered to have served a full term in that office. Terms are considered consecutive unless separated by at least
four (4) full years.
(Ord. No. 864, § 3(a), 6-24-91; Ord. No. 1997-1081, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 3.1 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the city government for all legal and ceremonial purposes. All
contracts in writing binding the city, all conveyances of interests in land by the city, and any other documents
requiring histhe mayor’s signature shall be signed by the mayor (or person acting as mayor as herein provided).
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
Page 6 of 38
The mayor shall be the chief elected officer of the city. The mayor shall be responsible for the efficient
administration of all affairs of the city placed in histhe mayor’s charge. The mayor shall serve as a liaison between
the city council and the city administration, including, but not limited to, attendance at meetings and special
events involving the city administration.
The mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers
conferred by the Governor of the State of Colorado for the purposes of military law, and shall have the authority to
command the assistance of all able-bodied citizensresidents to aid in the enforcement of the ordinances of the city
and to suppress riot and disorder. Except as may be required by statute, the mayor shall exercise such other
powers as shall be conferred by the council shall confer upon him.
The mayor shall have the power to veto any ordinance passed by the council in accordance with the
procedure set forth in section 5.14 of this Charter. The mayor shall also preside over city council meetings.
In the event of a tie vote by the city council, except upon adoption or amendment of the budget, the mayor
shall cast a tie-breaking vote. In no other instance shall the mayor cast a vote on a matter presented to the council
for decision. On any ordinance upon which the mayor has cast a tie-breaking vote, the mayor shall not exercise
histhe power to veto said ordinance.
(Ord. No. 863, § 3, 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.3. Mayor pro tempore.
The council shall elect one (1) of its members to serve as the mayor pro tempore of the city. HeThe mayor
pro tempore shall serve in place of the mayor during the absence or disability of the mayor with all powers and
duties of the mayor, except hethe mayor pro tempore shall not have the power to veto ordinances. In case of a
vacancy in the office of mayor, the mayor pro tempore shall serve as mayor only until the vacancy is filled, as
provided in section 3.11.
Sec. 3.4. City Manager.
The city manager shall be the chief administrative officer of the city. The council, by majority vote of all
members, shall appoint a city manager who shall serve at the pleasure of the council, without definite term and at
a salary fixed by the council. The council shall appoint a city manager within a reasonable time after a vacancy
exists in the position. During the period of any vacancy or extended absence in the office of city manager, the
council shall appoint an acting city manager. The city manager may appoint an employee of the city as acting city
manager during the temporary absence (not to exceed thirty (30) days) of the city manager. Any acting city
manager shall have all of the responsibilities, duties, and authority of the city manager. Pursuant to Charter section
17.7, the city administratormanager serving upon the effective date of this section 3.4, as amended, shall be
deemed to have been appointed city manager as provided hereby.
The city manager shall be appointed with regard to fitness, competency, training, and experience in
professional urban public administration. At the time of histhe appointment, the city manager need not be a
resident of the city, but during histhe city manager’s tenure in office he, shall reside within the city. No mayor shall
be appointed city manager during or within one (1) year after the termination of histhe city manager’smayor’s
elected term.
The city manager is responsible to the council for the operation of the city and may be dismissed by the council should it determine that such removal is in the best interest of the city. Dismissal of the city manager shall
be by a majority vote of all members of the council. The council shall assure that the city manager performs hisall
duties as provided by this Charter.
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The duties of the city manager shall include, but not be limited to, the following:
(a) Be responsible for the enforcement of the laws and ordinances of the city;
(b) Hire, suspend, transfer and remove city department headsdirectors, who serve under the jurisdiction,
and at the will of, the city manager;
(c) Make appointments of subordinates on the basis of merit and fitness;
(d) Cause a proposed budget to be prepared annually and submitted to the council and be responsible for
the administration of the budget after its adoption;
(e) During the month of July, and as often as the council may require, prepare and submit to the council a
budget status and forecast report with any recommendations for remedial action;
(f) Prepare and submit to the council, as of the end of the fiscal year, a complete report on finances and
administrative activities of the city for the preceding year and, upon the request of the council, make
written or verbal reports at any time concerning the affairs of the city under histhe city manager’s
supervision;
(g) Keep the council advised of the financial condition and future needs of the city and make such
recommendations to the council for adoption as he may deembe deemed necessary or expedient;
(h) Exercise supervision and control over all departments; under histhe city manager’s jurisdiction;
(i) Be responsible for the enforcement of all terms and conditions imposed in favor of the city in any
contract or public utility franchise, and upon knowledge of any violation thereof, report the same to the council for such action and proceedings as may be necessary to enforce the same;
(j) Execute on behalf of the city all contracts binding the city;
(kj) Provide for engineering, architectural, maintenance, and construction service required by the city;
(lk) Attend council meetings and participate in discussions with the council in an advisory capacity;
(ml) Perform such other duties as may be prescribed by this Charter, by ordinance or required of himthe city manger by council and which are not inconsistent with this Charter.
(Ord. No. 865, § 3(B), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.5. Administrative departments.
The administrative functions of the city shall be performed by the departments existing at the time this
Charter is adopted and such other departments as may be hereafter established by ordinance. The council may, by
ordinance, consolidate, merge or abolish any of said departments. Each department shall be under the immediate
control and supervision of a department head director appointed by the city manager and subject to dismissal by
himthe city manager.
(Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 3.6. Relationship of administrative city manager service to council.
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The city managerCity managersThe city manager shall be held accountable to the council for histheir actions
and those of histheir subordinates.
(Ord. No. 1996-1038, § 1, 7-2-96)
Sec. 3.7. Election of city clerk.
The city clerk shall be elected by the greatest number of votes cast for that office by the electors of the City
of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members
of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in
November, 1999, his/herTthe city clerk’s term of office shall be for four (4) years and shall commence on
his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council held after the
election in the year elected and shall continue during the term for which he/she shall havethe city clerk has been
elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1168, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.7 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.8. Duties of the city clerk.
(a) The city clerk shall be the clerk of the council and shall attend all meetings of the council and shall keep a
permanent journal of its proceedings.
(b) The city clerk shall be the custodian of the seal of the city and shall affix it to all documents and instruments
requiring the seal and shall attest the same. HeThe city clerk shall also be custodian of all papers, documents
and records pertaining to the city, the custody of which is not otherwise provided for.
(c) The city clerk shall certify by his signature, all ordinances and resolutions enacted or passed by the council.
(d) The city clerk shall provide and maintain in his office a(d) A supply of forms for all petitions required
to be filed for any purpose by the provisions of this Charter or by ordinance enacted hereunder., shall be
provided and maintained in the city clerk’s office.
(e) The city clerk shall have power to administer oaths of office.
(f) The city clerk shall be the chairperson of the election commission.
(g) The city clerk shall publish all notices, proceedings, and other matters required to be published.
(h) The city clerk shall supervise the staff under histhe city clerk’s jurisdiction.
(hi) The city clerk shall perform such other duties as may be prescribed by this Charter or by ordinance.
Sec. 3.9. Election of city treasurer.
The city treasurer shall be elected by the greatest number of votes cast for that office by the electors of the
City of Wheat Ridge at each the relevant general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first
Monday in November, 1999, his/herTthe city treasurer’s term of office shall be for four (4) years and shall
commence on his/herupon the taking of the oath of office at the ensuing organizational meeting of the city council
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held after the election in the year elected and shall continue during the term for which he/shethe city treasurer
shall have been elected until his/hera successor shall have been elected and duly qualified.
(Ord. No. 1999-1169, § 1, 8-26-99; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—Amendments to § 3.9 above were ratified at referendum Nov. 2, 1999 and Nov. 6, 2012.
Sec. 3.10. Duties of the city treasurer.
(a) It shall be the city treasurer's responsibility to establish a system of accounting and auditing for the city
which shall reflect, in accordance with generally accepted accounting principles, the financial condition and
operation of the city.
(b) The city treasurer shall be custodian of all public monies belonging to or under the control of the city, or any
office, department, or agency of the city, and shall deposit or invest all monies as directed by the council. All
interest earnings shall be the property of the city and shall be accounted for and credited to the proper city
fund.
(c) The city treasurer shall collect, receive, and disburse on proper authorization, all monies receivable by the
city and all other monies for which the city is responsible for holding in trust.
(d) The treasurer shall supervise the staff under histhe treasurer’s jurisdiction.
(de) The city treasurer shall perform all other duties as may be required by ordinance pursuant to this Charter.
Sec. 3.11. Vacancies in elective offices.
(a) An elected official shall continue to hold his office until hisa successor is duly qualified. An elective office shall
become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve,
ceases to be a resident of the city, or is convicted of embezzlement of public money, bribery, perjury,
solicitation of bribery or subornation of perjurya felony.
(b) If a vacancy occurs in the office of mayor, the council shall act to call a special election within sixty (60) days
to elect a new mayor, unless said vacancy occurs within one hundred eighty (180) days of the general
municipal election.
(c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such
vacancy shall be filled by appointment by the council for the remainder of the term.
Sec. 3.12. Compensation of elected officials.
Elected officials shall receive such compensation as the council shall prescribe by ordinance; provided they
the council shall neither increase nor decrease the compensation of any elected official during histhe elected
official’s term of office. Elected officials may, upon order of the council, be paid such necessary bona fide expenses
incurred by himthe elected official in service in behalf of the city as are authorized and itemized.
Sec. 3.13. Oath of office.
Every elected officer under this Charter, before entering upon the duties of hisan elected office, shall take an
oath or affirmation of office, that hesaid officer will support the Constitution and the laws of the United States and of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
Wheat Ridge, Colorado, Code of Ordinances Part 1 – Charter
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citizensresidents of the city and will faithfully perform the duties of histhe elected office upon which hethe officer
is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date of hisan
elected officer’s appointment, or within ten (10) days from the date prescribed in this Charter to take office, such
officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the
council shall by motion or resolution, extend the time in which such officer may qualify as set forth in this section.
Sec. 3.14. Conflict of interest.
No elected official during histhe term of office shall be a compensated employee of the city, nor shall hean
elected official have any material or significant financial interest, direct or indirect, with the city. In the event that
any elected official or any member of hisan elected official’s family hashave such interest, said elected official shall
declare such interest. If any elected official fails to declare such interest, the council shall determine by a majority
vote whether said interest does in fact constitute a conflict of interest. When such conflict of interest is
established, the council shall take any action it deems to be in the best interest of the city.
Sec. 3.15. Bonding of employees.
All city officials and employees dealing directly with municipal funds or substantial inventories of material
and supplies shall post bond in an amount and under such conditions as required by the council, and at the
expense of the city.
CHAPTER IV. COUNCIL
Sec. 4.1. The city council.
The city council shall consist of eight (8) members. Two (2) councilmembers shall be elected from each of the
four (4) districts.
Sec. 4.2. Council districts.
The city is hereby divided into four (4) districts. The districts shall be contiguous and compact, and shall be
approximately equal in population.
The council shall complete the apportionment of the city into four (4) districts prior to December 31, 1978,
for the purpose of the November 6, 1979, general municipal election. Thereafter the council shall cause such
changes as are necessary to carry out the intent of this section to be made no less than six (6) months prior to the
general municipal election every four (4) years.
Sec. 4.3. Terms of office.
(a) The terms of office of the councilmembers hereafter to be elected in accordance with the provisions of this
Charter shall commence on theirupon the taking the oath of office at the ensuing organizational meeting of
the city council held after the election in the year elected and shall continue during the term for which
theythe councilmember shall have been elected until their successors shall have been elected and duly
qualified.
(b) At the general municipal election held on the first Tuesday in November of each odd-numbered calendar
year, one councilmember from each of the four (4) council districts shall be elected to a four-year term of
office by the greatest number of the votes cast for that office.
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(c) It is the intent of this section that councilmembers serve four-year staggered terms of office with four (4)
councilmembers elected at each general municipal election.
(Ord. No. 1997-1082, § 1, 7-28-97; Ord. No. 1519, § 1, 8-27-12)
Editor's note(s)—The amendments to § 4.3 above were ratified at referendum held Nov. 4, 1997 and Nov. 6, 2012.
Sec. 4.4. Qualifications.
(a) No person shall be eligible to hold the office of a councilmember unless, at the time of histhe election,
hesuch person is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the
district from which hesaid person is elected for a period of at least twelve (12) consecutive months
immediately preceding the date of the election.
In the event of annexation, any person who lives in the annexed area for a period of twelve (12) consecutive
months immediately preceding the date of election will be deemed a resident of the city, and a resident of the
district and may run as a councilmember from that district. In the event that council boundary lines are changed, a
prospective councilmember shall be eligible to run from the newly defined district if hethat individual has been a
resident of the city and the district from which hesuch individual is elected for a period of at least twelve (12)
consecutive months immediately preceding the date of election.
(b) Each councilmember shall maintain his residency in the city and district throughout histhe term of office. If
an elected official shall move from the city or district during histhe term of office, histhe seat shall be
declared vacant and such vacancy shall be filled by the city council as provided by this Charter.
(c) The city council shall be the judge of the election and qualifications of its own members.
(d) No person shall serve in the office of city councilmember for more than two (2) consecutive terms of office.
This limitation of the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997, except as provided at subsection (e) hereof. Any person who succeeds to the office of
councilmember, and who serves at least one-half of a term in that office, shall be considered to have served
a full term in that office. Terms are considered consecutive unless separated by at least four (4) full years.
(e) Incumbent councilmembers as of November 3, 1997, shall be eligible for re-election as follows:
(1) Incumbent councilmembers who will complete six (6) consecutive years in office on November 4, 1997, are
eligible for re-election for either one two-year term or one four-year term in the November 4, 1997 election.
(2) Incumbent councilmembers who will complete four (4) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year term in the November 4, 1997, election and one subsequent four-
year term in the November, 1999, election or one four-year term in the November 4, 1997, election.
(3) Incumbent councilmembers who will complete two (2) consecutive years in office on November 4, 1997, are
eligible for re-election for one two-year or one four-year term in the November 4, 1997, election and one
subsequent four-year term in either the November, 1999 or 2001 election.
(4) A person elected in the November 4, 1997, election for a two-year term who is not an incumbent on
November 3, 1997, may be re-elected for two (2) additional four-year terms in November, 1999 and 2003.
(Ord. No. 864, § 2, 6-24-91; Ord. No. 865, § 3(A), 6-24-91; Ord. No. 866, § 1, 6-24-91; Ord. No. 1997-1082, § 1, 7-
28-97)
Editor's note(s)—The amendments to § 4.4 above were ratified at referendum Nov. 4, 1997.
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Sec. 4.5. Vacancies.
(a) A councilmember shall continue to hold his office until hisa successor is duly qualified. A council position
shall become vacant whenever any councilmember is recalled, dies, becomes incapacitated, resigns, refuses
to serve, or ceases to be a resident of the city or district from which elected, or is convicted of a felony.
(b) Within thirty (30) days after a vacancy occurs on the council, the remaining councilmembers shall choose by
majority vote a duly qualified person from the proper district to fill such vacancy. HeSaid person shall serve
the unexpired term until the following municipal election and hisa successor is duly qualified. If three (3) or
more council vacancies exist simultaneously, the remaining councilmembers shall, at the next regular
meeting of the council, act to call a special election within sixty (60) days to fill such vacancies, provided
there will not be a general municipal election within one hundred eighty (180) days and provided that their
successors have not previously been elected.
Sec. 4.6. Compensation.
The members of the council shall receive such compensation as the council shall prescribe by ordinance;
provided, however, that the compensation of any member during histhe term of office shall not be increased or decreased. Councilmembers may, upon order of the council, be paid such necessary bona fide expenses as may be
incurred by them in service in behalf of the city as are authorized and itemized.
Sec. 4.7. Powers of council.
The council shall constitute the legislative body of the city and shall have all legislative powers and functions
of municipal government, except as otherwise provided in this Charter, and shall have the power and authority to
adopt such ordinances, resolutions, motions and rules as it shall deem proper.
Sec. 4.8. Oath of office.
Every councilmember under this Charter, before entering upon the duties in histhe office, shall take an oath
or affirmation of office, that hethe councilmember will support the Constitution and the laws of the United States
and of the State of Colorado, and this Charter and the ordinances of the city, and will strive to be responsive to all
citizensresidents of the city, and will faithfully perform the duties of histhe office upon which hethe
councilmember is about to enter.
In case of failure to comply with the provisions of this section within ten (10) days from the date prescribed
in this Charter to take office, such officer shall be deemed to have declined the office and such office shall become
vacant unless council shall by motion or resolution extend the time in which such officer may qualify as above set
forth.
Sec. 4.9. Relationship to administrative service.
No member of the council shall dictate the appointment or duties of any department headdirector or
employee of the city, except as expressly provided in this Charter. The council and its members shall deal with the
administrative service of the city solely through the city manager, and neither council nor its members shall give
orders or reprimands to any employee or subordinate of the city manager. The council retains the prerogative of
requiring the city manager to make verbal or written reports of histhe city manager’s activities, those of histhe city
manager’s subordinates and the administrative service under histhe city manager’s charge, not in conflict with
other provisions of this Charter.
(Ord. No. 1996-1038, § 1, 7-22-96)
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Sec. 4.10. Conflict of interest.
No member of the council, during histhe councilmember’s term of office, shall be a compensated employee
of the city, nor shall hethe councilmember have any material or significant financial interest, direct or indirect, with
the city. In the event that any councilmember or any family member of his family hashave such interest, said
councilmember shall declare such interest. If any councilmember fails to declare such interest, the remaining
members of the council shall determine by a majority vote whether said interest does in fact constitute a conflict
of interest. When such conflict of interest is established, the remaining councilmembers shall take any actions they
deemdeemed to be in the best interest of the city.
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Sec. 5.1. Regular meetings.
The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of
council. The council shall determine the rules of procedure governing meetings. At the first regular meeting
following each general municipal election, the council shall organize as a matter of business and shall not be
restricted from transacting other proper business.
Sec. 5.2. Special meetings.
(a) A special meeting may be called by the city clerk on the written request of the mayor or any two (2)
members of the council provided that each member of the council is given written notice at least twenty-four (24) hours before the time set for such meeting. Such notice may be either personally served or, left at
the usual place of abode of the members of the council, or sent via electronic mail to each councilmember.
Notice of such special meeting shall also be posted in the office of city clerk and published in any manner
permitted for publication of ordinances pursuant to section 5.12(h) of the Charter at least twenty-four (24)
hours prior to such a special sessionmeeting.
(b) An emergency special meeting may be called by the city clerk at any time on a written request from the
mayor or five (5) members of the council. Such request shall state that the matter to be considered is an
emergency of such gravity that irreparable harm would come to the city if there was any further delay in
council action. The nature of the emergency shall be stated in detail in a written notice to each
councilmember, a notice posted in the office of the city clerk, and in the minutes of the special meeting. A
vote shall also be taken at the beginning of such special meeting as to whether there is in fact an emergency
and the vote of each member of the council shall be individually recorded.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.3. Business at special meetings.
No business shall be discussed or transacted at any special meeting of the council unless it has been stated in
the official notice of such meeting issued by the city clerk.
Sec. 5.4. Quorum; adjournment of meeting.
A majority of the members of the council in office at the time shall be a quorum for the transaction of
business at all council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a
later time or date, and in the absence of all members the city clerk may adjourn any meeting for not longer than
one (1) week.
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Sec. 5.5. Council attendance at meetings.
A majority of the members of the council may, by vote, either request or compel the attendance of its
members and other officers of the city at any meeting of the council. Any member of the council or other officer
who then [when] notified of such request for his attendance fails to attend such meeting for reasons other than
confining illness or absence from the city, or because said councilmember or officer is attending a meeting as a
representative of the city, shall be deemed guilty of misconduct in office unless excused by the council.
Sec. 5.6. Meetings to be public.
All regular and special meetings of the council shall be open to the public, except executive sessions held in
accordance with section 5.7, and citizensresidents shall have a reasonable opportunity to be heard under such rules and regulations as the council may prescribe.
Sec. 5.7. Executive sessions.
(a) An executive session of the city council may be convened only if the majority of the council vote publicly to hold such a session, the subject matter to be considered is one of those listed in subsection (b) of this section
and a public announcement is made as to which category of subsection (b) the matter concerns. No formal
votes may be taken in any executive session.
(b) An executive session may be convened only on the following matters:
(1) Legal Consultation. The city council may convene an executive session under the following conditions:
(A) A suit has been filed against the city or the city has received formal written notice that a suit
against the city is imminent.
(B) The city council is considering instituting legal action against another party.
(C) The city council has knowledge of violations of the law and is considering the possibility of
criminal prosecution.
(D) Conferences with the city attorney for the purpose of receiving legal advice on specific legal
questions.
(2) Personnel Matters. Personnel matters concerning individual city employees and council appointees
may be considered in an executive session. Individual city employees may request such a session.
Notwithstanding Charter section 3.4, the city manager shall not attend an executive session concerning
his/herthe city manager’s own performance unless the council so directs.
(3) Real Estate Appraisals. The city council may convene an executive session to consider real estate
appraisals made for the purpose of the possible acquisition of real property or an interest therein for
public use, or the sale of any real property owned by the city. However, no executive session shall be convened to discuss the merits of purchasing real property for public use or the sale of real property
owned by the city, or any other matters pertaining to land acquisition or sale.
(c) The city clerk shall make a tape recording and prepare the minutes of all executive sessions. Such recordings
and minutes shall be closed to the public unless a majority of the council votes to make them available to the
public. The mayor, any member of the council, or the city attorney may examine such tapes or minutesrecordings at any reasonable time under the direct supervision of the city clerk. The city clerk may
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also release such tapes and minutesrecordings pursuant to a valid court order in any action challenging the
legitimacy of an executive session.
(Ord. No. 1996-1038, § 1, 7-22-96; Ord. No. 1999-1173, § 1, 8-23-99; Ord. No. 1225, § 1, 9-10-01)
Sec. 5.8. Council acts.
The council shall act only by ordinance, resolution or motion. All legislative enactments of a permanent
nature shall be by ordinance; all other actions, except as provided in this Charter, may be in the form of resolutions
or motions. All ordinances and resolutions shall be confined to one (1) subject, except in the case of repealing
ordinances. Ordinances making appropriations shall be confined to the subject of appropriation, but may include
more than one (1) appropriation.
Sec. 5.9. Voting.
The vote by "yes" or "no" shall be taken upon the passage of all ordinances, resolutions, and motions and
entered upon the minutes of the council proceedings. Every ordinance shall require the affirmative vote of the
majority of the entire council for final passage, except as provided for zoning and rezoning ordinances in section
5.10, sale of real property in section 16.5 or elsewhere provided in this Charter. Resolutions and motions shall
require the affirmative vote of a majority of the councilmembers present. No member of the council shall vote on
any question in which hethe councilmember has a personal or financial interest, other than the common public
interest, or on any question concerning histhe councilmember’s own conduct, and in said instances the member
shall disclose this interest to the council. On all other questions each member who is present shall vote unless
excused by the unanimous consent of the remaining members present. Any member refusing to vote, except when
not so required by this paragraph, shall be guilty of misconduct in office. At the request of any member of the
council any vote shall be taken simultaneously in a manner prescribed by the council; provided, however, that the
vote of each member shall be publicly announced immediately thereafter.
Sec. 5.10. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance,
every act amending or repealing any ordinance or section of an ordinance, making an appropriation, creating an
indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of
which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by
ordinance; provided, however, that this section shall not apply to the budget adoption in section 10.9. Zoning and
rezoning shall be governed by the statutes of the State of Colorado as now existing or hereafter amended or
modified unless superseded by new procedures set forth in a duly adopted ordinance, except as follows:
The council shall have the power to amend, supplement, change, or repeal the regulations, restrictions and boundaries of zoning districts within the city. Such changes shall be adopted by ordinance after a public hearing at
which parties in interest and citizensresidents shall have an opportunity to be heard.
In the event of a protest against such changes signed by the owners of twenty (20) percent or more of the
area:
(1) Of the property included within the proposed change; or,
(2) Of those immediately adjacent to the rear or any side of the property, extending one hundred (100)
feet from the property; or,
(3) Of those directly opposite across the street from the property, extending one hundred (100) feet from
the street frontage of such opposite property,
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such changes shall not become effective except by the favorable vote of three-fourths of the entire city council.
Where land within the area proposed for change, or adjacent or opposite land as defined above is owned by the
City of Wheat Ridge, such property shall be excluded in computing the required twenty (20) percent, and owners
of noncity land within the one-hundred-foot limit as defined above shall be considered adjacent or opposite
despite such intervening city land.
The written protest to such changes shall be submitted to the city council no later than the hearing on the
proposed amendment. At least fifteen (15) days' notice of the time and place of the hearing, and the address and
legal description of the property, shall be published in an official paper or paper of general circulation within the
city, and notice of the hearing shall also be posted on the property so that it is easily visible to neighboring
property owners. Said notices shall contain the statement that specific plans for the proposed changes are
available for inspection at the Wheat Ridge City Hall. The procedure for receiving and determining the validity of
protests and conducting the required hearing shall be established by the council by ordinance.
(As amended 7-12-83. Effective upon adoption 7-12-83)
Sec. 5.10.1. Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or other action, or variance
except as provided in subsection (e), allow the construction of buildings or other structures which exceed the
following maximum heights:
(1) Thirty-five (35) feet for the following: All residential, planned residential and agricultural districts,
including any created after passage of this amendment; residential buildings when built in
nonresidential districts; the hospital-one district; and the restricted commercial-one district.
(2) Fifty (50) feet for the following: Any other commercial, planned commercial, industrial or planned industrial districts; the public buildings and facilities district; commercial and office buildings
constructed in the hospital-two district; and any nonresidential district created after passage of this
amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade, for new hospitals in the
hospital-two district, on a minimum lot area of fifty (50) acres; however, additions attached to existing
hospitals in this district may be built to a height not to exceed the height of the existing building.
The height limitations established shall not apply to the following: SChurch steeples, silos, decorative domes and
cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys,
ventilators, transmission towers, solar heating and cooling devices, water towers, antennas, or necessary
mechanical appurtenances normally carried above the roofline, but the city council may, by ordinance, establish
height limitations for these structures.
(b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or other action,
allow the construction of residential buildings in any zone district which exceed a maximum of twenty-one
(21) family units per acre, except that nursing homes shall not be required to meet this density maximum. In
order that land required to support a previous building permit not be used again as a means of
circumventing the above maximum, the following shall apply: No subdivision, variance, rezoning or permit
shall be approved or granted on said land which subtracts the supporting land and thereby leaves the
existing building nonconforming by these standards. The maximum of twenty-one (21) units per acre shall
apply to the total parcel, including both existing and proposed construction.
(c) Definitions.
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(1) Height: The vertical distance measured from the average elevation of the finished grade of the building
to the highest point of the roof surface if a flat roof, to the deck line of a mansard roof, and to the
mean height level between eaves and ridge for a gable, hip, gambrel or other roof.
(2) Residential: Intended for human occupancy, including homes for the aged and nursing homes, but
excluding hospitals, and motels and hotels for transient occupancy.
(3) ResidentialFamily unit: One (1) or more persons related by blood, marriage, or adoption, or no more
than three (3) unrelated persons living together as a single housekeeping residential unit. This
definition is intended to be utilized and applied only as a standard for computing maximum density in
new, multiunit construction; it shall not, unless reenacted as a portion of the Wheat Ridge Code of
Laws, be utilized for any purpose except density computations under this Charter section. If a single
housekeeping unit is designed for the use of more than three (3) unrelated persons, such as, but not
limited to, the handicapped or elderly, each three (3) persons in any such unit shall constitute one (1)
family unit.
(d) Nonconforming structures. This amendment applies only to new construction; buildings and other structures
legally in existence at the time of passage of this amendment shall not become nonconforming because of
the adoption of these new density and height limits.
(e) Variances. The board of adjustment shall have the power to interpret terms and definitions in this
amendment, and to allow a variance to maximum height, not to exceed ten (10) percent, upon a finding that not granting the variance would cause an extreme hardship. The city council and other boards may not grant
variances from these standards, but nothing in this amendment shall be construed to limit the council from
imposing more stringent height and density standards in any zoning district.
(f) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area described in the Wheat Ridge Town Center Project Urban Renewal Plan, adopted December 14, 1981 and
amended by Resolution 13-2001 on April 23, 2001, specifically as diagramed in Exhibits 1 and 2 and
described in Exhibit 3 of said resolution, and (2) that area described in the Wadsworth Boulevard Corridor
Redevelopment Plan, adopted October 22, 2001, without modifying any current zoning on any property and
preserving existing height and density limitations in the Wheat Ridge Code of Laws unless and until modified
through future ordinances approved by city council after public hearings.
(g) Notwithstanding any other provision of this section 5.10.1, the limitations upon building height and
residential density contained herein shall not apply within the following areas of the city: (1) that area
described in the West 44th Avenue/Ward Road redevelopment plan, adopted October 22, 2001, and (2) that
area described in the I-70/Kipling Corridors Urban Renewal Plan, adopted August 10, 2009, excluding
therefrom all properties in the plan area along the Kipling Street Corridor South of 44th Avenue and all
properties in the plan area east of Interstate 70, North of 32nd Avenue, west of Ward Road and south of the
WEST West 44th Avenue/Ward Road Redevelopment Plan Area, without modifying any current zoning on
any property and preserving existing height and density limitations in the Wheat Ridge Code of Laws unless
and until modified through future ordinances approved by city council after public hearings.
(Adopted 7-12-83; effective upon adoption; Ord. No. 1452, §§ 1, 2, 8-24-09)
Sec. 5.11. Form of ordinances.
Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. The effective date of all ordinances shall be
fifteen (15) days from the date of final publication of said ordinance unless another date is prescribed therein, or
otherwise provided for elsewhere in this Charter.
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Sec. 5.12. Procedure.
Except for emergency ordinances, ordinances making general codifications of existing ordinances, and
ordinances adopting standard codes, the following procedure for the enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at any regular meeting of the council by any member thereof.
(b) The ordinance shall be read in full or, in cases where copies of the ordinance are available to the
council and to those persons in attendance at said council meeting, said ordinance may be read by title
only.
(c) After the first reading of the ordinance, the same shall be approved or rejected by a vote of the council.
(d) If the ordinance is approved on first reading, it shall be published in full. The council shall set a day,
hour, and place at which the council shall hold a public hearing on the ordinance and notice of said day,
hour and place shall be included in the first publication.
(e) The ordinance shall be introduced at council a second time, at a meeting not earlier than seven (7) days
after first publication, for final approval, rejection, or other action as may be taken by vote of the
council. This meeting may be the same meeting at which the public hearing on the ordinance is held,
but the public hearing shall precede action on the ordinance. The ordinance may be amended before
final approval by vote of the council.
(f) After final approval, an ordinance shall be published by title or in full as the council may determine. If
amended, an ordinance shall be published by title and full text of the amendment or in full as the
council may determine.
(g) Whenever an ordinance shall be published by reference or by title, the publication shall contain a
summary of the subject matter of said ordinance and shall contain a notice to the public that copies of
the proposed ordinance are available at the office of the city clerk. The publication of any ordinance, by
reference or by title, as provided herein must set forth in full any penalty clause contained in said
ordinance.
(h) The requirements for publication of ordinances contained herein may be satisfied by publication in a
newspaper of general circulation in the City of Wheat Ridge, by posting a copy thereof at the location or locations designated by resolution of the council, by posting on the city's website, by posting on the
iInternet, or in any other manner determined by the council to adequately advise the public.
(Ord. No. 1351, § 1, 8-23-05)
Sec. 5.13. Emergency ordinances.
Emergency ordinances for the immediate preservation of public property, health, peace, or safety shall be
approved only by the majority vote of councilmembers present at the meeting. The facts showing such urgency
and need shall be specifically stated in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any city-owned utility shall ever be passed as an emergency measure. An
emergency ordinance shall require passage at one (1) meeting of the council. However, neither a public hearing
nor a first publication as provided in section 5.12 shall be required. An emergency ordinance shall take effect upon
final passage. Publication shall be within ten (10) days after passage, or as soon thereafter as possible. An
emergency ordinance shall not be in effect longer than ninety (90) days after passage, and shall not again be
passed as an emergency ordinance.
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Sec. 5.14. Veto by mayor.
The mayor shall have the power to veto any ordinance passed by the council subject to the following:
(a) Every ordinance passed by the council shall be presented to the mayor within forty-eight (48) hours
thereafter. If he approvesapproved, such ordinance he shall sign itbe signed by the mayor within three
(3) days after receiving it.
(b) The mayor must exercise the power of veto with a complete written explanation of the reasons
therefor addressed and delivered to each councilmember within seven (7) days from the date of its
final passage.
(c) The mayor's veto may be overridden only by an affirmative vote of three-fourths of the entire council
at the next regular meeting following the veto.
(d) If the mayor does not return the ordinance with histhe veto to the council within the time specified, it
shall take effect as if heit had been approved it.
(e) The mayor shall not have veto power on any emergency ordinance.
Sec. 5.15. Codification of ordinances.
The council shall cause the ordinances to be codified and thereafter maintained in current form. Revisions to
the codes may be accomplished by reference as provided in section 5.16.
Sec. 5.16. Standard codes adopted by reference.
Standard codes, promulgated by the federal government, the State of Colorado, or by any agency of either of
them, or by any municipality within the State of Colorado, or by any recognized trade or professional organization,
or amendments or revisions thereof, may be adopted by reference; provided the publication of the ordinances
adopting any said code shall advise that copies are available for inspection at the office of the city clerk, and
provided that any penalty clause in any code may be adopted only if set forth in full and published in the adopting
ordinance.
Sec. 5.17. Severability of ordinances.
Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application
thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the
remaining portions or applications of the ordinance which can be given effect without the invalid portion or
application, provided such remaining portions or applications are not determined by the court to be inoperable,
and to this end ordinances are declared to be severable.
Sec. 5.18. Disposition of ordinances.
A true copy of every ordinance, as adopted by the council or electorate, shall be numbered and recorded in
the official records of the city. Its adoption and publication shall be authenticated by the signatures of the mayor
or mayor pro tempore, and the city clerk and by the certificate of publication. The failure to record, or
authenticate any ordinance shall not, however, invalidate, suspend, or void such ordinance.
Sec. 5.19. Public records.
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All public records of the City of Wheat Ridge shall be open for inspection by any person at reasonable times
in accordance with state statutes existing at the present time or hereafter enacted or hereafter amended by
ordinance adopted pursuant to this Charter.
Sec. 5.20. Street width designation.
The city council shall have the sole authority and responsibility to determine the width of all city streets
within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be delegated to any
other body or individual(s), the only exception being the election procedure specifically set forth in this Charter
section. Street width shall be determined by the flowline of the street. Flowline is defined as the measurement
from the inside edge of one (1) curb to the inside edge of the opposite curb. Where no curb is planned to be
constructed, flowline shall be defined as the measurement from the outside edge of one (1) side of the driving
surface of the street, to the outside edge of the opposite side of the driving surface of the street.
Within one (1) year prior to construction or reconstruction of a street, the city council shall hold a public
hearing to determine the flowline of such street. Following the public hearing, the council shall adopt such flowline
as the street's official street width designation.
In the event of a protest against such proposed street width designation signed by the owners of:
(1) Twenty (20) percent of the property immediately adjacent or contiguous to either side of such street;
or
(2) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street,
such proposed street width designation shall not become effective except by the favorable vote of three-fourths
(¾) of the entire city council. Property does not need to be entirely contained within the three hundred (300) foot
area to be used in the computation of the ten (10) percent necessary to file a protest. Only the portion of the
property that actually lies within the three hundred (300) foot area is used to compute the ten (10) percent
required to file a protest. Where the City of Wheat Ridge owns property or has right-of-way within three hundred
(300) feet of either side of the street, then such city-owned land or right-of-way shall be excluded from the
computation of the required percentage of properties needed to file a protest to the proposed street width
designation. Owners of noncity land shall be considered immediately adjacent or contiguous to the street, or
within three hundred (300) feet of either side of such street, despite such intervening city-owned land or right-of-
way.
The written protest to such proposed street width designation shall be submitted to the city council no later
than the conclusion of the public hearing on the proposed street width designation. At least fifteen (15) days' notice of the time and place of the hearing shall be published in the newspaper used by the city to publish legal
notices, and notice of such public hearing shall be mailed by certified letter to all property owners within three
hundred (300) feet of both sides of such street.
Said notice shall contain:
(1) A description of the proposed street width designation and a statement that the specific plans for the proposed street width designation are available for inspection at the Wheat Ridge Municipal Building;
and
(2) An explanation of the right of the property owners to protest such proposed street width designation,
and how to exercise such right; and
(3) The full and complete text of this Charter section.
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All publication and notification requirements set forth in this Charter section shall be performed by the city clerk.
If at any time within forty-five (45) days after a favorable vote by city council of such proposed street width
designation, a petition signed by at least five (5) percent of the registered electors of the city council district(s)
immediately adjacent or contiguous to such street be presented to the council against the going into effect of such
proposed street width designation; the same shall thereupon be immediately suspended and the council shall
publish notice of and call an election upon the proposed street width designation. Said election shall be held not
less than thirty (30) days nor more than one hundred eighty (180) days after publication of the notice thereof.
Only registered electors in the city council district(s) immediately adjacent or contiguous to such street shall
be eligible to vote on the proposed street width designation. If a majority of the registered electors in the city
council district(s) immediately adjacent or contiguous to such street voting thereon vote for such proposed street
width designation, the proposed street width designation shall be deemed approved. For purposes of ballot
tabulation, the total votes of all electors who cast ballots from one or more city council district(s) shall be counted
together.
If any provision of this Charter section or the application in any particular case, is held invalid, the remainder
of this Charter section and its application in all other cases shall remain unimpaired. Anything in the Charter or
ordinances of the City of Wheat Ridge in conflict or inconsistent with the provisions of this Charter section is
hereby declared to be inapplicable to the matters and things covered and provided for by this Charter section. This
Charter section shall take effect immediately upon passage.
(Amend. of 11-7-95)
CHAPTER VI. INITIATIVE AND REFERENDUM
Sec. 6.1. Initiative.
(a) Any proposed ordinance may be submitted to the council by petition signed by registered electors of the city
equal in number to the percentage hereinafter required.
(b) An initiative petition accompanying the proposed ordinances signed by registered electors of the city equal
in number to fifteen (15) percent of the total vote cast, in the City of Wheat Ridge, in the last gubernatorial
election, shall be filed with the city clerk at least sixty (60) days prior to any general or special municipal
election, and shall contain a request that said proposed ordinance be submitted to a vote of the people if not
passed by the council. The council shall within thirty (30) days after the attachment of the city clerk's
certificate of sufficiency to the accompanying petition either (1) pass said ordinance without alteration, or (2)
call a special election, unless a general municipal election is fixed within one hundred eighty (180) days
thereafter, and at such special or general municipal election, said proposed ordinance shall be submitted
without alteration to the vote of the registered electors of the city.
(c) An initiated ordinance shall be published in like manner as other proposed ordinances. The ballot upon
which such proposed ordinance is submitted shall state briefly the nature for the proposal and it shall
contain the words "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." If a majority of the registered
electors voting thereon shall vote in favor thereof, the same shall thereupon without further publication
become an ordinance of the city.
(d) The provisions of this section shall in no way affect nor preclude the procedures for recall of any elected
official or officer as provided in this Charter.
Sec. 6.2. Referendum.
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(a) The referendum shall apply to all ordinances passed by the council.
(b) If at any time within forty-five (45) days after the final passage of an ordinance to which the referendum is
applicable, a petition signed by registered electors equal in amount to at least ten (10) percent of the total
vote cast, in the City of Wheat Ridge, in the last gubernatorial election be presented to the council against
the going into effect of any ordinance, the same shall thereupon be suspended and the council shall
reconsider such ordinance; and if the same be not entirely repealed shall submit the same to a vote of the
registered electors of the city in a manner as provided in respect to the initiative at the next regular
municipal election, or at a special election called therefor. If a majority of the registered electors vote in
favor of such ordinance, it shall go into effect without further publication.
Sec. 6.3. Ordinances referred to the people.
(a) The council, on its own motion, shall have the power to submit at a general or special election any proposed
ordinance or question to a vote of the people in a manner as in this Charter is provided.
(b) If provisions of two (2) or more proposed ordinances adopted or approved at the same election conflict, the
ordinance or provision in conflict receiving the highest affirmative vote shall become effective.
Sec. 6.4. Certificate of city clerk; amendment of petition.
Within ten (10) days from the filing of any initiative or referendum petition, the city clerk shall ascertain
whether the petition is signed by the requisite number of registered electors, and if sufficient shall attach thereto a
certificate of sufficiency showing the result of such examination. If the petition is insufficient, the city clerk shall
issue a certificate of insufficiency and on the same day send a copy of the same to forthwith in writing notify one
(1) or more of the persons designated as filing the same on the petition. Commencing on the day after the date of
the certificate of insufficiency, tThe petition may thereafter then be amended within ten (10) days from the filing
of the certificateby the petitioners obtaining additional signatures of registered electors only during said ten (10)
day period. The city clerk, within five (5) working days after such amendment, shall make the examination of the
amended petition and attach thereto a certificate of the result. If still insufficient, the city clerk shall return the
petition to one (1) of the persons designated thereon as filing it, without prejudice to the filing of a new petition
for the same purpose, but such petition shall not be refiled within one (1) year after return by the city clerk.
Sec. 6.5. Prohibition of amendment or reenactment.
An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after
the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be
reenacted for a period of six (6) months after the date of the election at which it was repealed; provided however,
that ordinances may be adopted, amended or repealed at any time by appropriate referendum or initiative procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the
council on its own motion.
Sec. 6.6. Implementation.
The council may adopt such additional rules and regulations by ordinance as are deemed necessary to
implement this chapter on initiative and referendum.
CHAPTER VII. PERSONNEL
Sec. 7.1. Personnel system.
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The council may establish, modify, or eliminate a system or systems to handle personnel matters as it deems
necessary.
CHAPTER VIII. LEGAL AND JUDICIARY
Sec. 8.1. City attorney.
The council shall appoint a city attorney to serve for an indefinite term at the pleasure of the council. HeThe
city attorney shall be an attorney-at-law admitted to practice in Colorado and have at least five (5) years'
experience in the practice of law. The council may provide the city attorney such assistants, facilities and considerations as council may deem necessary, and may on its own motion or upon request of the city attorney,
employ special counsel. The council shall establish compensation for the city attorney, histhe city attorney’s
assistants and special counsel.
The city attorney shall be the legal representative of the city and shall represent the city in all cases and in all
courts. The city attorney shall act as legal adviser to the council and other city officials in matters relating to their
official powers or duties when requested and shall provide a copy of any written opinion to the city clerk.
The city attorney shall also perform such other duties as the council may prescribe by ordinance or
resolution.
Sec. 8.2. Municipal court.
There shall be a municipal court which shall have jurisdiction to hear and determine all cases arising under
this Charter or the ordinances of the City of Wheat Ridge. The council shall appoint a presiding judge. The council
may also appoint one (1) or more associate judges, who shall sit at such times and upon such cases as shall be
determined by the presiding municipal judge. Such associate judge shall have all the powers of a municipal
presiding judge and hisany orders and judgments shall be those of the municipal court.
All judges shall be members in good standing of the Bar of the State of Colorado, and shall have a minimum
of five (5) years' experience on the bench or in the active practice of law in the State of Colorado immediately prior
to appointment.
Sec. 8.3. Tenure and removal of judges.
The council shall appoint all judges for a term of two (2) years and they may be removed by the council
during their term only for cause. A judge may be removed for cause if a judge:
(a) He isIs found guilty of a felony or any other crime involving moral turpitude;
(b) He hasHas a disability which interferes with the performance of his duties, and which is, or is likely to
become, of permanent character;
(c) He hasHas willfully or persistently failed to perform histhe duties; or
(d) He isIs habitually intemperate.
Sec. 8.4. Duties of the presiding judge.
The presiding judge shall have the following duties, in addition to presiding in court, the presiding judge:
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(a) He shallShall formulate and amend the local rules of the court with the approval of the Colorado
Supreme Court.
(b) He shallShall supervise all court personnel.
(c) He shallShall submit a yearly budget request to the council for the proper functioning of the court.
Sec. 8.5. Compensation of judges.
All judges shall receive a fixed salary or compensation set by the council, by ordinance, and such salary or
compensation shall not be dependent upon the outcome of the matters to be decided by the judges. A judge's
compensation may not be reduced during the term of histhe judge’s appointment.
CHAPTER IX. BOARDS AND COMMISSIONS
Sec. 9.1. Existing boards and commissions.
All boards and commissions in existence at the time of adoption of this Charter, shall continue in existence as
provided in the respective ordinances, except as otherwise provided by ordinance or this Charter.
Sec. 9.2. Right to establish.
The council shall have the power and authority to create boards and commissions as deemed necessary
including advisory and appeal boards. Advisory boards may be created by resolution. All other boards and
commissions, including appeal boards, shall be created by ordinance, which shall set forth the powers and duties
delegated to such board or commission.
Sec. 9.3. Appointments to boards or commissions.
The council shall make all appointments to all boards and commissions and shall specify the term of office of
each individual in order to achieve overlapping tenure. All boards and commissions shall have approximately equal representation from each council district. All members shall be residents of the city, registered voters and shall be
subject to removal for just cause by the council. The council shall also make appointments to fill vacancies for
unexpired terms.
Sec. 9.4. Procedures of boards and commissions.
Each board and commission shall operate in accordance with its own rules of procedure except as otherwise
directed by the council. All meetings of any board or commission shall be open to the public except that any board
or commission may hold an executive session provided that the same provisions that apply to the city council in
section 5.7 shall be applicable. Minutes of all board and commission meetings shall be kept in the office of the city
clerk.
CHAPTER X. FINANCE AND BUDGET
Sec. 10.1. Fiscal year.
The fiscal year of the city and all its agencies shall begin on the first day of January and end on the thirty-first
day of December of each year.
Sec. 10.2. Submission of budget.
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Prior to the beginning of each fiscal year, the city administration shall prepare and submit to the council a
recommended budget for the next fiscal year and an accompanying message.
Sec. 10.3. Budget message.
The city administration manager’s message shall explain the budget both in fiscal terms and in terms of the
work programs. It shall outline the proposed financial policies of the city for the next fiscal year, describe the
important features of the budget, indicate any major changes from the current year in financial policies,
expenditures and revenues, together with the reasons for such changes, summarize the city's debt position, and
include such other material as the administration city manager deems desirable or which the city council may
require.
Sec. 10.4. Budget content.
The budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year
and, except as required by ordinance or this Charter, shall be in such form as the city administration manager
deems desirable or the council may require. In organizing the budget, the city administration manager shall utilize
the most feasible combination or expenditure classification by fund, organization unit, program, purpose or
activity, and object. It shall begin with a clear general summary of its contents and shall be arranged so as to show
comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include
the following in separate sections unless otherwise provided by ordinance:
(a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received
from ad valorem taxes; cash surplus being defined for purposes of this Charter as the amount by which
cash is expected to exceed current liabilities and encumbrances at the beginning of the next fiscal year;
(b) Proposed expenditures for current operations during the next fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of financing
such expenditures;
(c) A reasonable provision for contingencies;
(d) A capital depreciation account;
(e) Required expenditures for debt service, judgments, cash deficient recovery and statutory expenditures;
(f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and
agencies when practicable, and the proposed method of financing each such capital expenditure;
(g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the city
and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed
income and expenditure information shall be attached as appendices to the budget;
(h) The bonded and other indebtedness of the city, showing the debt redemption and interest
requirements, the debt authorized and unissued, and the condition of sinking funds, if any;
(i) Such other information as the council may request.
Sec. 10.5. Balanced budget required.
The total of proposed expenditures shall not exceed the total of estimated revenue.
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Sec. 10.6. Capital program.
(a) The city administrationmanager, with such assistance as the council may direct, shall prepare and submit to
the council a long-range capital program, simultaneously with the recommended budget.
(b) The capital program shall include the following, unless otherwise provided by ordinance:
1. A clear general summary of its contents;
2. A list of all capital improvements which are proposed to be undertaken during the following fiscal
years, with appropriate supporting information as to the necessity for the improvement;
3. Cost estimates, method of financing and recommended schedules for each such improvement;
4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;
5. Such other information as the council may request.
This information shall be revised or extended each year with regard to capital improvements still pending or in
process of construction or acquisition.
Sec. 10.7. Public hearing.
A public hearing on the proposed budget and proposed capital program shall be held before its final
adoption at such time and place as the council may direct. Notice of such public hearing and notice that the
proposed budget is on file for public inspection in the office of the city clerk shall be published one (1) time at least
seven (7) days prior to the hearing.
Sec. 10.8. Council amendments.
After the public hearing, the council may adopt the budget with or without amendment. In amending the
budget, it may add or delete any programs or increase or decrease any amounts, except expenditures required by
law or for debt service or for estimated cash deficit. However, the total of proposed expenditures shall not exceed
the total of estimated revenue.
Sec. 10.9. Council budget adoption.
The council shall adopt the budget by resolution on or before the final day established by statute for the
certification of the next year's tax levy to the county. If it fails to adopt the budget by this date, the amounts
appropriated for the operation for the current fiscal year shall be deemed adopted for the next fiscal year on a
month-to-month basis, with all items in it prorated accordingly, until such time as the council adopts the budget
for the next fiscal year.
Sec. 10.10. Property tax levy and budget appropriations.
Adoption of the budget by council shall constitute appropriations of the amounts specified therein as
expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council
shall cause the same to be certified to the county as required by statute.
Sec. 10.11. Budget status report.
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During the month of July, and as often as the council may require, the administration city manager shall
present a budget status and forecast report to the city council with any recommendations for remedial action.
Sec. 10.12. Amendments after adoption.
(a) Supplemental Appropriations. If during the fiscal year the city administration manager determines that there
are available for appropriation revenues in excess of those estimated in the budget, the council by resolution
may make supplemental appropriations for the year up to the amount of the excess.
(b) Emergency Appropriations. To meet a public emergency affecting life, health, property, public safety or the
public peace, the council may make emergency appropriations. Such appropriations may be made by
emergency ordinance in accordance with section 5.13 of this Charter. To the extent that there are no
available unappropriated revenues to meet such appropriations, the council may by emergency ordinance
authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency
notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next
succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the administration
city manager that the revenues available will be insufficient to meet the amount appropriated, this shall be
reported to the council without delay, indicating the estimated amount of deficit, any remedial action taken
and recommendation as to any other steps to be taken. The council shall then take action to prevent or
minimize any deficit and for that purpose it may by resolution reduce one (1) or more appropriations.
(d) Transfer of Appropriations. Any time during the fiscal year, the administration city manager may transfer part
or all of any unencumbered appropriation balance among programs within a fund, department, office or
agency. and, upon written request by the administration, the council may by resolution transfer part or all of
any unencumbered appropriation balance from one (1) department, office, agency, or object to another.
(e) Limitation—Effective Date. No appropriation for debt service may be reduced below any amount required to
be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and
emergency appropriation and reduction or transfer of appropriations authorized by this section may be
made immediately upon adoption.
(f) No Contract to Exceed Appropriation. During each and any fiscal year, no contract entered into by or on
behalf of the city shall expend or contract to expend any money, or to incur any liability, nor shall any
contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the
expenditure of money for any of the purposes for which provision is made either in the adopted budget or
adopting resolution, including any legally authorized amendments thereto, in excess of the amount
appropriated in the budget or approved contract or bid award. Any contract or bid award, either verbal or
written, made in violation of the provisions of this section shall be void as to the city and no city monies from
any source whatsoever shall be paid thereon.
(Ord. No. 867, § 3(b), 6-24-91)
Sec. 10.13. Lapse of appropriation.
Every appropriation, except an appropriation for a capital expenditure fund or special fund, shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure fund or special fund shall continue in effect until the purpose for which it has been established is
accomplished or abandoned.
Sec. 10.14. Public record.
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Copies of the budget and capital program as adopted shall be public records and shall be made available to
the public in the city clerk's office.
Sec. 10.15. Independent audit.
An independent certified audit shall be made of all city accounts annually, and more frequently if deemed
necessary by the council. Such audit shall be made by certified public accountants experienced in municipal
accounting selected by the council.
CHAPTER XI. TAXATION
Sec. 11.1. Tax authority and limitations.
The council shall have the authority to levy and impose taxes for municipal purposes and to provide for their
collection, provided that there shall not be an increase of rate of sales tax unless and until such rate increase shall
be approved by a majority of the electorate voting at a regular or special municipal election. The council shall also
have authority to levy and provide for collection of special assessments for local improvements as provided in this
Charter or by ordinance. Increases in ad valorem shall be subject to the same limitations and review procedures
now or hereafter provided by state statute for statutory cities.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 11.2. Collection of taxes.
(a) Unless otherwise provided by ordinance, the county treasurer shall collect city ad valorem taxes in the same manner and at the same time as general ad valorem taxes are collected. In like manner, the council may
provide for collection of special improvement assessments by the county treasurer.
(b) All statutes of this state for the assessment of property and the levy and collection of ad valorem taxes, sale
of property for taxes, and the redemption of the same, shall apply and have the full force and effect in
respect to taxes for the city as to such general ad valorem taxes, except as may be modified pursuant to this
Charter.
Sec. 11.3. Authority to acquire property.
In addition to all other power which it has to acquire property, the city is hereby authorized to purchase or
otherwise acquire property on which there are delinquent taxes or special assessments. The city may also dispose
of any property acquired under this authority.
CHAPTER XII. MUNICIPAL FUNDING
Sec. 12.1. Forms of borrowing.
The city may borrow money for any municipal purpose as provided herein and issue the following securities
to evidence such indebtedness:
(a) Short-term notes.
(b) General obligation bonds and other like securities.
(c) Revenue bonds and other like securities.
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(d) Special or local improvement bonds and other like securities.
(e) Any other legally recognized security which the council may provide.
Sec. 12.2. Short-term notes.
The city, upon the affirmative vote of the majority of the entire council in office at the time the vote is taken,
is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other
revenues and to issue short-term notes to evidence the amount so borrowed. Any such short-term notes shall
mature before the close of the fiscal year in which the money is so borrowed except as is permitted in the
provision of this Charter pertaining to emergency appropriations.
Sec. 12.3. General obligation bonds.
No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of ad valorem
taxes or to which the full faith and credit of the city are pledged, shall be issued, except in pursuance of an
ordinance, nor until the question of their issuance shall, at a special or regular election, be submitted to a vote of
the qualified registered electors of the city, and approved by a majority of those voting on the question, except as
provided in sections 12.2, 12.4, 12.5, 12.6, 13.3, and 13.4 and provided further that such securities issued for
acquiring water and rights thereto, or acquiring, improving or extending a city water system or sewer system or
any combination of such purposes, may be so issued without an election.
Sec. 12.4. Revenue bonds.
The city, pursuant to ordinance, and without an election, may borrow money, issue bonds, or otherwise
extend its credit for purchasing, constructing, condemning, otherwise acquiring, extending, or improving a water,
electric, gas, or sewer system, or other public utility or income-producing project or for any other capital
improvement; provided that the bonds or other obligations shall be made payable from the net revenues derived
from the operation of such system, utility or other such project or capital improvement, and provided further, that
any two (2) or more of such systems, utilities, projects or capital improvements may be combined, operated, and
maintained as joint municipal systems, utilities, projects or capital improvements, in which case such bonds or
other obligations shall be made payable out of the net revenue derived from the operation of such joint systems,
utilities, projects or capital improvements.
Sec. 12.5. Revenue bonds funded by sales and use tax.
In addition to the provisions of section 12.4 relating to revenue bonds, the city shall have the authority to
issue revenue bonds payable from the revenue and income of the project, facility, or improvement to be constructed or installed with the proceeds of the bond issue, or payable in whole or in part from the available
proceeds of a city sales and use tax which may be imposed pursuant to chapter XI.
Sec. 12.6. Refunding bonds.
(a) The council may authorize, by ordinance, without an election, the issuance of refunding bonds or other like
securities for the purpose of refunding and providing for the payment of the outstanding bonds or other like
securities of the city as the same mature, or in advance of maturity by means of an escrow or otherwise.
(b) Any refunding bonds or other like securities issued for the purpose of refunding revenue bonds or other
revenue securities shall be payable from the revenues pledged to the original bond issue.
Sec. 12.7. Limitations on indebtedness.
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The aggregate amount of bonds or other evidences of indebtedness of the city shall not exceed three (3)
percent of the actual valuation of the taxable property within the city as shown by the last preceding assessment
for city purposes; provided however, in determining the amount of indebtedness, there shall not be included
within the computation:
(a) Bonds or other evidences of indebtedness, outstanding or authorized to be issued for the acquisition,
extension or improvement of a municipal waterworks system or municipal storm sewer, sanitary
sewer, combined storm and sanitary sewers, or sewage disposal systems;
(b) Short-term notes;
(c) Special or local improvement securities;
(d) Securities payable from the revenues of an income-producing system, utility, project, or other capital
improvement or from city sales or use taxes;
(e) Long-term installment contracts other than real property acquisitions, rentals and leaseholds pursuant
to section 12.9.
Sec. 12.8. Bonds: Interest, sale, prepayment.
(a) The terms and maximum interest rate of general obligation or revenue bonds or other like securities shall be
fixed by the authorizing ordinance and such securities shall be sold to the best advantage of the city.
(b) Any refunding bond may be exchanged dollar for dollar for a bond refunded.
(c) All bonds may contain provisions for calling the same at designated periods prior to the final due date, with
or without the payment of a prior redemption premium.
Sec. 12.9. Long-term installment contracts, rentals and leaseholds—City property.
(a) In order to provide necessary land, buildings, equipment, and other property for governmental or
proprietary purposes, the city is hereby authorized to enter into long-term installment purchase contracts
and rental or leasehold agreements. Such agreements may include an option or options to purchase and
acquire title to such property within a period not exceeding the useful life of such property. Each such
agreement and the terms thereof shall be concluded by an ordinance duly enacted by the council.
(b) The council is authorized and empowered to provide for the said payments at their discretion from any
available municipal revenues.
(c) The obligation created hereunder shall not constitute an indebtedness of the city within the meaning of the
legal limitations on contracting of indebtedness contained in this chapter.
(Ord. No. 865, § 3(C), 6-24-91)
Sec. 12.10. Approval of tax increment financing, revenue sharing and cost sharing agreement.
Any action by an agency, agent, authority, commission, committee, city council, department, employee or
official of the City of Wheat Ridge, approving or changing a sales or property tax increment financing (TIF), revenue
sharing or cost sharing arrangement pursuant to Part 1 of the Colorado Urban Renewal Law, must be ratified by
the Wheat Ridge City Council via a vote on a formal agenda item, at a regularly scheduled business meeting, that is
advertised as a public hearing.
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If the value of the said sales or property tax increment financing (TIF), revenue sharing or cost sharing
exceeds two million five hundred thousand dollars ($2,500,000.00), the city council action of approval must be
ratified by the registered electors of the City of Wheat Ridge at a special or regular election.
The base amount for voter approval of any sales or property tax increment financing (TIF) will be any
financing exceeding two million five hundred thousand dollars ($2,500,000.00). To account for inflation and/or
increased construction costs, every third year after March 1, 2015, the base amount will be increased by five (5)
percent.
Effective date: This amendment will take effect and apply to all actions undertaken by an agency, agent,
authority, commission, committee, city council, department, employee or official of the City of Wheat Ridge
subsequent to March 1, 2015 and thereafter.
(Approved by electorate 11-3-15)
The Jefferson County Colorado District Court has held this section unconstitutional and therefore ineffective, with
the sole exception of the method of city council approval (via a vote on a formal agenda item, at a regularly
scheduled business meeting, that is advertised as a hearing) of "urban renewal plans" and "plan modifications"
which already require approval by the council under CRS 31-25-107. See, Longs Peak Metropolitan District v. City of
Wheat Ridge, Case No. 17CV 30542 (September 8, 2017).
CHAPTER XIII. IMPROVEMENT DISTRICTS
Sec. 13.1. Creation of special or local improvement districts.
Special or local improvement districts created pursuant to this Charter may, in the discretion of council, be so
created only upon receipt by the council of a petition for an ordinance by the owners of more than fifty (50)
percent of the landowners residing in the proposed district.
Sec. 13.2. Power to create special or local improvement districts.
(a) Upon receipt of a petition, as described in section 13.1, the city shall have the power to create special or
local improvement districts within designated districts in the city, to contract for, construct or install special or local improvements of every character within the said designated districts, to assess the cost thereof,
wholly or in part, upon the property benefited in such district, and to issue special or local improvement
bonds therefor.
(b) The council shall, by ordinance, prescribe the method and manner of creating such improvements, of letting
contracts therefor, issuing and paying bonds for construction or installation of such improvements, including
the costs incidental thereto, for assessing the costs thereof and for all things in relation to the authority
herein created.
(c) Except as otherwise provided by Charter or by ordinance, the statutes of the State of Colorado shall govern
the creation and organization of special or local improvement districts, the assessment of costs, the issuance
of bonds therefor and all things in relation thereto.
Sec. 13.3. Improvement district bonds; levy for general benefit to special fund; pledge of
credit.
(a) In consideration of general benefits conferred on the city at large from the construction or installation of
improvements in special or local improvement districts, created pursuant to section 13.1, the city council
may contract by ordinance prior to the issuance of any bonds of any special or local improvement district,
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that the payment of such bonds, both as the principal, interest and costs appertaining thereto become due,
is additionally secured by a special fund herein created, and pursuant thereto may, subject to the limitations
of section 11.1, levy annual taxes on all taxable property within the city at a rate not exceeding two (2) mills
in any one (1) year, to be disbursed as determined by the council, for the purpose of advancing money to
maintain current payments of interest and equal annual payments of the principal amount of said bonds or
for any prior redemption premium appertaining to such bonds.
(b) The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes
specified in this section, provided, however, that in lieu of such tax levied, the council may annually transfer
to such special fund any available money of the city, but in no event shall the amount transferred in any one
(1) year exceed the amount which would result from a tax levied in such year as herein limited.
As long as any bonds issued for special or local improvement districts hereafter organized, remain
outstanding, the tax levy or equivalent transfer of money to the special fund created for the payment of said bonds
shall not be diminished in any succeeding year until all of said bonds and the interest thereon shall be paid in full,
unless other available funds are on hand therefor, or such bonds and interest are paid by the city as provided in
section 13.5 of this Charter.
(c) In addition to the above, the council may finance the city's share of the cost of any special improvement
project, whether or not such cost is assessed against city-owned property, by the issuance of special
improvement district bonds, and shall appropriate annually an amount sufficient for the payment of that portion of the share of such costs then due. Such bonds shall not be subject to any election requirement or
debt limitation which might otherwise exist pursuant to this Charter or other applicable law.
(d) After the bonds have been retired in full, any monies remaining in such special funds shall be transferred as
provided in section 13.4.
(e) Bonds of any special or local improvement district payable from special assessments, which payment may be
additionally secured as provided in this section, shall not be subject to any debt limitation nor affect the
city's debt-incurring power, nor shall such bonds be required to be authorized at any election; and such
bonds shall not be held to constitute a prohibited lending of credit or donation, nor to contravene any
constitutional, statutory, or Charter limitation or restriction.
Sec. 13.4. Transfers from unencumbered special or local improvement district funds.
Where all outstanding bonds of a special or local improvement district have been paid and money remains to
the credit of the district or in a special fund created pursuant to section 13.3 for the said bond issue, it may be
transferred, in whole or in part, by ordinance, to a surplus and deficiency fund, and whenever there is a deficiency
in any special or local improvement district fund to meet the payment of outstanding bonds and interest due
thereon, the deficiency shall be paid out of the said fund; or in the alternative, council, may by ordinance, transfer
all or part of any unencumbered balance from a special or local improvement district fund or a special fund
created pursuant to section 13.3 for the said bond issues to any other city fund.
Sec. 13.5. Payment of bonds by city.
Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued
and for any reason the remaining assessments are not paid in time to redeem the final bonds of the district, the
city shall pay the bonds when due and reimburse itself by collecting the unpaid assessments due the district.
Sec. 13.6. Review of improvement district proceedings.
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No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of,
or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments
authorized by this chapter, or for any other relief against any acts or proceedings of the city done or had under this
chapter, shall be maintained against the city, unless commenced within thirty (30) days after the date of passage
of the resolution or ordinance complained of, or else be thereafter perpetually barred.
CHAPTER XIV. INTERGOVERNMENTAL RELATIONS
Sec. 14.1. Regional service authorities.
In the interest of governmental services provided on a regional or area-wide basis and the benefits realized
by the City of Wheat Ridge from said services, the council may by ordinance provide approve grants of municipal
funds by ordinance provide grants of municipal funds and services on a regional or area-wide basis., existing at the
time this Charter becomes effective or thereafter created. The council shall also have the authority to allow city
participation in said service authorities in any manner it deems in the best interest of the city.
Sec. 14.2. Cooperative intergovernmental contracts.
The council may, by resolution or by ordinance, enter into contracts or agreements with other governmental
units or special districts for the joint use of buildings, equipment, or facilities, or for furnishing or receiving
commodities or services.
CHAPTER XV. UTILITIES AND FRANCHISES
Sec. 15.1. General powers.
The city shall have and exercise with regard to all utilities and franchises, all municipal powers, including
without limitation, all powers now existing and which may be hereafter provided by the constitution and statutes.
The right of the city to construct, lease, purchase, acquire, condemn or operate any public utility, work or way is
expressly reserved. Except as otherwise provided by constitution, or this Charter, all powers concerning the
granting, amending, revoking, or otherwise dealing in franchises, shall be exercised by the council. Any utility
serving entirely within the corporate boundaries of the city may be acquired, purchased, or constructed without
the requirement of an election.
Sec. 15.2. Water rights.
The city shall have the authority to buy, sell, exchange, lease, own, control and otherwise deal in water
rights.
Sec. 15.3. Utility rates.
The council shall, by ordinance, establish rates, rules and regulations and extension policies for services
provided by city-owned utilities, both within and outside the corporate limits of the city.
Sec. 15.4. Management of municipal utilities.
All municipally owned or operated utilities shall be administered as a regular department of the city.
Sec. 15.5. Use of public places by utilities.
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Every public utility, whether it has a franchise or not, shall pay such part of the cost of improvement or
maintenance of streets, alleys, bridges, and other public places as shall arise from its use thereof and shall protect
and save the city harmless from all damages arising from said use. Every such public utility may be required by the
city to permit joint use of its property and appurtenances located in the streets, alleys or other public places of the
city by the city and by other utilities insofar as such joint use may be reasonably practicable.
Sec. 15.6. Granting of franchises.
(a) With the exception of cable franchises, no franchise shall be granted except upon approval by a majority of
the registered electors voting thereon.
(b) The council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters
related to the granting of franchises.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1498, § 1, 8-22-11)
Sec. 15.7. Existing franchises.
All franchise ordinances and agreements of the city in effect at the time this Charter is effective shall remain
in full force and effect in accordance with their respective terms and conditions unless modified by another
franchise.
Sec. 15.8. Transit facilities.
Council may require by ordinance and by fair apportionment of the cost, any railroad or other transportation
system to elevate or lower any of its right-of-way or tracks running over, under, along or across any public
thoroughfare; and to construct and maintain all street crossings, bridges, viaducts and other conveniences in good
condition with proper approaches and safety devices.
Sec. 15.9. Revocable permits.
The council may grant a permit at any time for the temporary use or occupation of any street, alley, or city-
owned place, provided such permit shall be revocable by the council at its pleasure, regardless of whether or not
such right to revoke be expressly reserved in such permit.
Sec. 15.10. Franchise records.
The city shall cause to be kept in the office of the city clerk an indexed franchise record in which shall be
transcribed copies of all franchises heretofore and hereafter granted. The index shall give the name of the grantee
and any assignees. The record, a complete history of all such franchises, shall include a comprehensive and
convenient reference to all actions at law affecting the same, and copies of all annual reports and such other
matters of information and public interest as the council may from time to time require.
CHAPTER XVI. MISCELLANEOUS LEGAL PROVISIONS
Sec. 16.1. Reservation of power.
The power to supersede any law of this state now or hereafter in force, insofar as it applies to local or
municipal affairs shall be reserved to the city, acting by ordinance subject only to restrictions of article XX of the
Constitution of the State of Colorado.
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Sec. 16.2. Bequests, gifts and donations.
The council, on behalf of the city, may receive or refuse bequests, gifts and donations of all kinds of real and
personal property in fee simple or trust for public, charitable or other purposes, and do all things and acts
necessary to carry out the purpose of such gifts, bequests and donations with the power to manage, sell, lease or
otherwise dispose of the same in accordance with the terms of the gift, bequest or trust, or the council may
delegate such power to persons as it may deem advisable.
Sec. 16.3. Liability of the city.
No action for recovery of compensation for personal injury, death or property damage against the city on
account of its negligence or other tort shall be maintained unless written notice of the alleged time, place and cause of injury, death or property damage is given to the city clerk by the person injured, histhe injured person’s
agent or attorney, within one hundred eighty (180) days of the occurrence causing the injury, death or property
damage. The notice given under the provisions of this section shall not be deemed invalid or insufficient solely by
reason of an inaccuracy in stating the time, place or cause of injury, if it is shown that there was no intent to
mislead and that the city, in fact, was not misled thereby. This provision shall not be construed as a waiver of any
governmental immunity the city may now, or in the future, have.
Sec. 16.4. Eminent domain.
The city shall have the right of eminent domain within or without its corporate limits as provided by the
Constitution of the State of Colorado and statutes.
Sec. 16.5. Sale of real property.
The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without
first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire
council, by ordinance, shall be necessary for sale or disposition of designated park land.
Sec. 16.6. Severability of Charter provisions.
If any provision, section, article or clause of this Charter or the application thereof to any person or
circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or
application of the Charter which can be given effect without the invalid portion or application, provided such
remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is
declared to be severable.
Sec. 16.7. Charter amendments.
This Charter may be amended at any time in the manner provided in section 16.8 of this Charter. Nothing
herein contained shall be construed as preventing the submission to the people of more than one (1) Charter
amendment at any one (1) election. If provisions of two (2) or more proposed amendments conflict or are
inconsistent and are adopted or approved at the same election, the amendment receiving the highest affirmative
vote shall become effective.
Sec. 16.8. Procedure to amend the Charter.
Proceedings to amend this Charter may be initiated by:
(a) A petition signed by at least five (5) percent of the registered electors of the City of Wheat Ridge; or
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(b) An ordinance adopted by the council submitting the proposed amendment to a vote of said registered
electors.
Within thirty (30) days from the initiation of proceedings to amend this Charter, the council shall publish notice of
and call an election upon the proposed amendment, which election shall be held not less than thirty (30) nor more
than one hundred eighty (180) days after publication of the notice thereof. Notice of a proposed Charter
amendment shall contain the full text thereof.
If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall
be deemed approved.
Sec. 16.9. Charter repeal.
This Charter may be repealed as provided by the Constitution and the statutes of the State of Colorado as
now existing or hereafter amended or modified.
Sec. 16.10. Interpretations.
Except as otherwise specifically provided or indicated by the context thereof, all words used in this Charter
indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and
include the time of the happening of any event for which provision is made herein. The singular number shall
include the plural, the plural shall include the singular and the masculine gender shall extend to and include the
feminine gender and neuter, and the word "person" may extend and be applied to bodies politic and corporate
and to partnerships as well as to individuals.
Sec. 16.11. Definitions.
As used in this Charter, the following words and phrases shall have the following meaning:
(a) Ad valorem or general property tax. A tax levied on property in the form of a percentage of the value of
the property.
(b) Appropriation. The authorized amount of monies set aside for expenditure during a specific time for a
specific purpose.
(c) City. The City of Wheat Ridge, Colorado, a municipal corporation.
(d) City administration. The elected mayor and city manager of the City of Wheat Ridge appointed
pursuant to this Charter.
(e) City Clerk. The clerk of the City of Wheat Ridge.
(f) Constitution. The Constitution of the State of Colorado.
(g) Council. The city council of the City of Wheat Ridge.
(h) Elector or registered elector. A resident of the city qualified to vote under the Constitution and statutes
of the State of Colorado.
(i) Employee. A person employed by the City of Wheat Ridge.
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(j) Franchise. An irrevocable privilege granted by the city permitting a specified use of public property for
a specified length of time.
(k) General municipal election. A municipal election held every two (2) years at which candidates for
elective offices of the city are voted upon in accordance with this Charter.
(l) Officer and/or official. Any person elected to office or appointed by the council or mayor, including
appointees to boards and commissions and the city manager.
(m) Public utility. Any person, firm or corporation operating power or light systems, communicating
systems, water, sewer or scheduled transportation systems, and serving or supplying the public
whether or not under a franchise granted by the city.
(n) Statutes or laws. The applicable laws of the State of Colorado as they now exist or as they may be
amended, changed, repealed or otherwise modified by legislative procedure.
(o) City Treasurer. The city treasurer of the City of Wheat Ridge.
(Ord. No. 865, § 3(A), 6-24-91; Ord. No. 1996-1038, § 1, 7-22-96)
Sec. 16.12. Chapter and section headings.
The chapter, section and subsection headings are inserted for convenience and reference only and shall not
be construed to limit, describe or control the scope or intent of any provision therein.
CHAPTER XVII. TRANSITIONAL PROVISIONS
Sec. 17.1. Effective date of Charter.
This Charter shall become effective immediately upon voter approval, except as otherwise provided in this
chapter.
Sec. 17.2. Status of transitional provisions.
The purpose of this chapter is to provide for an orderly transition from the present city government of Wheat Ridge to a home rule government under the provisions of this Charter. This chapter shall constitute a part
of this Charter, during the transition period, only to the extent required to accomplish that purpose.
Sec. 17.3. Transition period.
The period from the voter approval of this Charter to November 6, 1979, shall be known as the "transition
period." During this period, all officers and employees of the city shall proceed, with due diligence, to put into
effect the provisions of this Charter. During the transition period the council shall, by resolution, designate the
dates the various provisions become operative and the agency or agencies on which they shall become operative.
Until superseded by this Charter or any provision thereof the state statutes shall continue in effect.
For the purpose of the November 6, 1979, general municipal election, the council shall complete the
apportionment of the city into four (4) council districts prior to December 31, 1978.
Sec. 17.3. Prior city legislation.
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All ordinances, resolutions, rules and regulations of the city which are not inconsistent with this Charter and
which are in force and effect at the effective date of this Charter shall continue in full force and effect until
repealed or amended. Those provisions of any effective ordinance, resolution, rule and regulation which are
inconsistent with this Charter are hereby repealed.
Sec. 17.5. Continuation of elected officers.
The present elected officers or their appointed successors in office at the time of the adoption of this Charter
shall continue to serve and carry out the functions, powers and duties of their offices until their successors assume
the duties of their offices.
Sec. 17.6. Continuation of boards and commissions.
All boards and commissions in office at the time of adoption of this Charter shall continue to function with
their present powers and structure as provided in the respective ordinances.
Sec. 17.7. Continuation of appointed officers and employees.
Except as otherwise provided herein, after the effective date of this Charter, all appointive officers and all
employees of the city shall continue in that city office or employment, which corresponds to the city office or
employment which they held at the time of the effective date of this Charter, as though they had been appointed
or employed in the manner provided in this Charter, and they shall in all respects be subject to the provisions of
this Charter, except that any officer or employee who holds a position which this Charter provides be held at the
pleasure of the appointing officer or body, shall hold such position only at such pleasure regardless of the term for
which originally appointed.
Sec. 17.4. Saving clause.
This Charter shall not affect any suit pending in any court or any document heretofore executed in
connection therewith. Nothing in this Charter shall invalidate any existing agreements or contracts between the
City of Wheat Ridge and individuals, corporations or public agencies.
ITEM NO: 4 DATE: August 26, 2024
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 16-2024 – AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S LANDSCAPING REQUIREMENTS, AND MAKING CONFORMING
AMENDMENTS THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/24)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/24) RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager ISSUE:
The proposed ordinance makes necessary updates to the City’s zoning and development code to modernize, clarify, and update landscape design requirements. This repeal and re-enactment of the ordinance updates standards to address more water efficient design, and it reorganizes and clarifies code to make requirements easier to understand by all users.
PRIOR ACTION: Proposed changes to the City’s landscape code were discussed at City Council study sessions on June 5, 2023, and February 5, 2024 where Council supported the list of updates and additions and gave direction for a revised landscape ordinance and conforming amendments to proceed to public hearings.
Planning Commission reviewed this ordinance at a public hearing held on August 1, 2024, and recommended approval. A copy of the draft Planning Commission minutes is attached.
Council Action Form – Landscaping Requirements August 26, 2024 Page 2
City Council approved this ordinance on first reading on August 12, 2024. A motion was made by Councilmember Ohm and seconded by Councilmember Stites and was approved by a vote of 7 to 1.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a financial impact on the City.
BACKGROUND: The City’s landscape code is found in Article V of Chapter 26 as part of general design standards. Most of Section 26-502 has remained the same since 1979, with one major repeal and re-enactment in 2001. However, much has changed in Wheat Ridge and the Front Range since
the early 2000’s. Years of drought coupled with local area growth and development have heightened awareness about the availability and use of water, and communities are actively seeking ways to reduce consumption, encourage water efficiency, and establish stronger links between water supply, land use planning, and site design.
It is typical for cities to periodically update municipal code as it relates to best practices, to add definitions and terms, and to clarify code language, particularly if they have not been reviewed or updated in several years. This code amendment was initiated by City Council, and the proposed ordinance aligns with the
goals of the Sustainable Wheat Ridge Action Plan, the principles of waterwise landscaping, and with recently adopted state law (SB24-005). The term “waterwise landscaping” has become somewhat synonymous with xeriscaping in general practice, but it differs from xeriscaping in that it focuses on wise water use no matter where the site in located (not just in arid
environments). Waterwise landscaping emphasizes grouping plants by water requirements to
encourage efficient irrigation design and water use. A waterwise landscape is functional, attractive and easily maintained in its natural surroundings, which also serves to conserve water. Because of the scope of the amendments and the need for this code section to be more user-
friendly, the entirety of Section 26-502 is proposed to be repealed and reenacted. The ordinance
makes the following updates to Article V:
• Maintains the current code requirement for automatic irrigation systems and integrates
waterwise best practices.
• Codifies the City’s existing artificial turf policy and requirements of State Bill 24-005, to allow limited application in low-density residential, multi-unit residential, and non-residential development. Codification was partially completed by the recent update of the mixed-use code.
• Introduces limits to irrigated turf and defines and prohibits non-functional turf in specific contexts, also in line with State Bill 24-005.
• Updates and clarifies plant and mulch specifications to better align with waterwise
principles and best practices.
Council Action Form – Landscaping Requirements August 26, 2024 Page 3
• Defines front yard landscaping requirements for single-unit and duplex residential sites and defines the process for replacing existing front yard landscaping with non-living and
waterwise materials.
• Increases allowances for non-living landscape materials to reflect the move toward waterwise/xeric gardening.
• Requires waterwise design for new multi-unit and nonresidential development.
• Expands required landscape maintenance practices and clarifies when amendments to previously approved plans are necessary to record changes in or renovations of the landscape.
• Updates other sections of code where landscaping is mentioned to align with the proposed Section 26-502, match current practice, and make requirements easier to understand by all users. RECOMMENDATIONS:
Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2024, an ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscape requirements, and making
conforming amendments therewith, on second reading and that it takes effect fifteen (15) days
after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 16-2024, an ordinance repealing and re-
enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscape requirements, and making conforming amendments therewith, for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY: Janet Gassman, Landscape Planner Stephanie Stevens, Senior Planner Scott Cutler, Senior Planner
Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 16-2024
2. Draft Planning Commission Meeting Minutes (8/1/24)
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CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 16
ORDINANCE NO. 1801 SERIES 2024 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE CITY’S LANDSCAPING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted Section 26-502 of the Code of Laws concerning landscaping, buffering and open space, as well as additional sections throughout the City’s Code of Laws ancillary to that Section;
and
WHEREAS, the Council recognizes that waterwise landscape design is necessary to reduce water consumption, encourage water efficiency, and establish stronger links between water supply and land use planning; and
WHEREAS, the Council recognizes that from time to time the City’s zoning Code
needs to be updated to include modern terminology, update cross-references, remove
conflicts within the Code, and provide clarity to City staff and the public.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-502 of the Wheat Ridge Code of Laws is hereby
repealed and re-enacted as follows:
Section 26-502 – Landscaping, Buffering, and Open Space
A. Purpose and Intent.
1. The purpose of this section is to establish requirements for the design, installation, and maintenance of landscapes that recognize water
conserving principles while enhancing the aesthetic character of the city.
2. The intent of these landscaping regulations is to:
ATTACHMENT 1
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a. Improve the visual quality and compatibility within and between developments and buffer differing land uses, scales of development, and parking lots;
b. Promote the efficient use of water resources;
c. Reduce heat islands and promote energy efficiency thru increased shading; and
d. Increase biodiversity and pollinator habitat through a mix of plant types.
B. Applicability. The requirements of this section shall apply as follows:
1. This section shall apply to all new site development approved on and after
(effective date).
2. Existing development approved prior to (effective date) is exempt from the requirements of this section but is encouraged to comply, where practicable.
3. Any amendment to a previously approved landscape plan shall comply with all
provisions within this section, where practicable.
4. Site development in mixed-use zone districts shall comply with subsections C, D, and F; and the open space requirements in chapter 26, article XI.
C. Definitions. For the purposes of this section, the following words and phrases shall
have the meaning respectively ascribed to them below:
Establishment period: the first two years after installation of the plant in the
landscape when its roots have integrated with the soil and new growth is present.
Hydrozone: a portion of the landscape area having plants with similar water needs (high, moderate, low, or very low).
Irrigation zone: an area served by a single control valve, sometimes referred to as a “station”. Zones are comprised of plant materials and soil types with similar water requirements.
Landscape/Landscaping: A combination of living material (such as trees, shrubs,
perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape), natural features (land and water forms),
and structural features (such as benches, fountains, art, and screen walls).
Landscape buffer: a land area with live plantings and/or structural components used to visually separate a use or parking lot from another property or public street.
Landscaping, non-living: the portion of a site containing non-living materials or
features as an integral part of the landscape, including but not limited to mulch,
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stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape.
Material, living includes trees, shrubs, perennials, grasses, groundcovers, vines,
annual flowers, turf or seeded areas, and food gardens.
Material, non-living: includes such materials as organic and inorganic mulches, stones, boulders, pavers, artificial turf, and ornamental objects.
Mulch: any organic material (such as shredded bark, straw, or compost), or inorganic mineral material (such as rock, gravel, or decomposed granite), applied to the soil surface for the purpose of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Native plant: a species that is indigenous to the Colorado Front Range and naturally occurring in one or more plant communities. Permeable or pervious: any surface or material that allows the passage of water
through the material and into the underlying soil.
Rain sensor or rain shutoff device: a component connected to an irrigation controller that automatically suspends or overrides scheduled irrigation when significant precipitation is detected.
Structural features: Manufactured features including but not limited to fountains, reflecting pools, outdoor artwork, screen walls, fences, and/or benches.
Turf: a surface layer of earth containing mowed grass with its roots, including cool-
season turf grass (annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue) and warm-season turf grass (Bermuda grass, blue grama grass, and buffalo grass). Turf, functional: Functional turf means turf that is located in a recreational use area
or other space that is regularly used for civic, community, or recreational purposes, which may include playgrounds, sports fields, picnic grounds, amphitheaters, portions of parks, putting greens, and the playing areas of golf courses. Turf, non-functional: Non-functional turf is turf that is predominantly ornamental and
not functional, such as that located in a street right-of-way, parking lot, median, and transportation corridor. Non-functional turf does not include turf designated as part of a water quality treatment solution required for compliance with federal, state and local agencies.
Water Budget: the targeted maximum amount of irrigation water applied to a landscaped area as measured in gallons per square foot per year.
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Weeds: Refer to Section 24-50 of the Code.
Xeric/Waterwise: An environment or habitat containing or utilizing little moisture.
D. General Landscaping Standards.
1. Irrigation.
a. Landscape areas, plant beds, and raised planters shall be served by a permanent automatic irrigation system.
b. Irrigation systems shall be zoned according to the water needs of the proposed plant material, with separate zones for trees, shrubs, perennials, and turf, and for sun, shade, and other climatic conditions.
c. Trees shall have permanent irrigation installed, including within a xeric/waterwise landscape.
d. For xeric/waterwise renovation of an existing landscape, the requirement for a functioning automatic irrigation system may be waived if water lines are not readily available or feasible to install, at the discretion of the community development director. A xeric/waterwise landscape plan with manual watering schedule may be required.
2. Living Material.
a. Soil Preparation. All areas to receive plant material shall be treated with organic amendments at a rate of four (4) cubic feet per one thousand (1,000) square feet, incorporated to a minimum depth or six (6) inches. A lesser amount may be allowed if a soil test shows that such amendments are not
necessary for water retention and deep root development.
b. Selection. Plant material selection shall conform to the Recommended and Prohibited Plant Lists in the Streetscape Design Manual. Any proposed deviation from these lists or the approved landscape plan must be requested in writing, with approval by the community development director required prior
to planting.
c. Biodiversity. Diversity of the genus and species of trees and shrubs is encouraged to prevent monocultures that could result in large-scale losses in the event of disease or blight.
d. Substitutions. Any proposed deviation from the approved landscape plan
must be requested in writing, with approval by the community development director required prior to planting.
e. Non-functional Turf. To reduce the unnecessary use of water, turf shall be prohibited in non-functional areas of the landscape. Prohibited areas include:
i. Parking lot islands and medians,
ii. Private street medians, and
iii. Street right-of-way.
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3. Minimum Quality Standards. All new plant material shall meet or exceed current quality and species standards of the American Standard for Nursery Stock and the Colorado Nursery Act. A copy shall be maintained on file with the community
development department.
4. Minimum Plant Sizes. Required landscaping shall meet the following minimum size standards:
Table 1: Minimum New Plant Sizes
Plant Type Minimum Size
Deciduous Street Tree 2.5” caliper, B&B or equivalent
Deciduous Shade Tree 2.0” caliper, B&B or equivalent
Ornamental Tree 1.5” caliper or 6.0’ height, B&B or equivalent
Evergreen Tree 6.0’ height, B&B or equivalent
Deciduous and Evergreen Shrubs five-gallon container or equivalent
Perennials and Ornamental Grasses one-gallon container
Vines and Groundcovers one-quart container
Notes:
1. Caliper is defined as diameter of trunk as measured one (1) foot above grade or root ball; B&B stands for balled and burlapped.
2. Plant Equivalents. Three (3) one-gallon perennials or ornamental grasses may be substituted for one (1) five-gallon shrub, and two ornamental trees may be substituted for one shade tree, to meet required plant quantities.
3. Minimum new plant sizes do not apply to homeowner-initiated landscape improvements
on private property, unless required by permit.
5. Non-Living Material and Features.
a. Non-living material may be counted toward meeting required landscape area where utilized as an intentional and integrated part of the overall design.
b. Mulches. Refer to specifications in table 2 below.
Table 2: Mulch Specifications
Organic Mulch Finely shredded cypress, cedar, pine, or hardwood bark, bark chips, bark
chunks or small nuggets, installed to a minimum depth of three (3) inches.
Inorganic Mulch Crushed stone, pea gravel, or ‘Squeegee’ mix, installed to a minimum depth of three (3) inches.
Stone or river rock, 1” to 3” in diameter, installed to a depth of three (3) inches.
Stone or cobble of a larger diameter may be approved with consideration of placement (such as in street medians, tree lawns, parking lot islands,
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slopes, retention areas, or similar), on a case-by-case basis by the
community development director.
Note: Mulched beds of all types must be contained within a structural or spaded edge when abutting turf areas or where not confined by a curb or sidewalk.
6. Amenity Zone/ Right-of-Way Landscaping.
a. Street tree selection shall conform to the recommended and prohibited plant lists in the Streetscape Design Manual.
b. Landscaping located in a sight distance triangle within the amenity zone shall
be maintained at a height below the clear zone, pursuant to section 26-603.
c. Structures or amenities such as walls, fences, and boulders are not permitted in the right-of-way.
7. Installation of Required Landscaping.
a. All required landscaping shall be installed per the approved plan and on the
property for which it is required, which may include adjacent rights-of-way.
b. Installation shall conform with the standard specifications of the Associated Landscape Contractors of Colorado.
8. Restoration and Revegetation of Disturbed Areas. All portions of the site where
vegetative cover is damaged, removed, or destroyed during construction and not
covered by new improvements, shall be revegetated with a mix of native, adaptive, and/or drought tolerant grasses and ground covers to prevent erosion.
9. Completion of Landscaping.
a. The installation of required landscaping and irrigation shall be completed prior
to the issuance of a certificate of occupancy. Where occupancy is requested
prior to installation of landscaping, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the completion of necessary landscaping in extenuating circumstances such as adverse weather, desired occupancy outside of the
planting season or necessary deferment of landscaping installation until
construction of a phase of development is completed, or other conditions as determined by the community development director.
b. The installation of required site fixtures such as lighting, benches, trash receptacles, and bicycle racks shall be completed prior to the issuance of a
certificate of occupancy. Where occupancy is requested prior to completion of
site fixtures, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the installation of site fixtures in extenuating circumstances as determined by the community development director, and only if the lack of installed features
does not result in a life or public safety concern.
c. Additional financial guarantee may be required by Chapter 20 related to site stabilization and native seed establishment.
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d. The financial guarantee shall meet the following requirements:
i. An irrevocable letter of credit or escrow account shall be required for the completion of landscaping, fixtures, and shall be equal to one hundred and
twenty-five percent (125%) of the remaining cost of installation and/or
stabilization/establishment.
ii. The amount of the financial guarantee shall be based on an itemized cost estimate for the required installation per the approved landscaping plan. The itemized cost estimate shall be accepted at the discretion of the
community development director prior to acceptance of the financial
guarantee.
a) For single detached and duplex sites, the community development director has the discretion to determine the value of escrow based on the prevailing market rate for installation and materials.
b) For all other sites, the applicant shall provide the itemized cost
estimate for review by the community development director.
iii. Financial guarantees shall not be released or extinguished until all installation is complete and in compliance with the approved landscape plan and the irrigation is installed and functional.
iv. Should the required landscaping not be properly installed upon the
expiration of the financial guarantee, the city reserves the right to use such funds to have the required landscaping, fixtures, and site stabilization placed upon the subject premises.
v. Any costs incurred by the city in excess of the funds provided by the
financial guarantee shall be recovered by the city through normal lien
proceedings.
10. Maintenance.
a. The party or parties responsible for the property upon which the landscape plan will be implemented, whether as developer, property owner(s), property
manager or homeowners’ association, and their respective heirs, successors, and assigns are jointly and severally responsible to maintain all plants and landscape areas, including within the adjacent public rights-of-way, in accordance with the approved plans. The city may enforce the approved plan against any or all of such parties.:
i. All areas shall be kept free of disease, pests, weeds, and litter.
ii. Regular pruning and trimming shall be performed to maintain an attractive appearance and to permit the plants to achieve their intended form and height.
iii. Any landscaping found to be dead, diseased, damaged, or missing shall
be removed and/or replaced within one planting season.
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b. Landscape structures such as retaining walls, seat walls, fire pits, water fountains, benches, etc. shall be repaired or replaced as necessary to maintain a structurally sound condition.
c. Mulches, crushed stone, cobble, and other loose surface materials shall be
contained within defined and edged beds in their designated areas, free of weeds, and to their required depths.
d. Irrigation systems shall be inspected and maintained in accordance with the approved irrigation plan as required pursuant to section X. Temporary
irrigation systems, required for the establishment of native grass and/or
wildflower areas, shall be removed upon successful coverage of the primary material.
11. Inspection, Authority, and Violations
a. Required landscaping shall be subject to inspection by the community
development department to ensure continued compliance with the approved
plans. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting.
b. Enforcement and penalties shall be in accordance with those provisions set
forth in article X.
12. Private Covenants. No restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping shall be enforceable in any manner which allows plant materials prohibited by this Section, which prevents plant materials allowed
by this Section, or which otherwise prevents or hinders the implementation of an
approved landscape plan.
E. Landscape Requirements by Use. Nothing contained in this section shall prohibit any landowner from landscaping in excess of minimum requirements stated herein, either on their property or within public right-of-way, if approved by the community
development director. Off-site landscaping cannot reduce the on-site requirements.
Table 3. Landscape Requirements by Use
Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b)
Maximum Irrigated Turf
Maximum Non-living Material & Features
Residential Uses (All Zone Districts except Mixed-Use) (c)
Single Detached and Duplex Uses
25% of the gross lot area and 100% of the front yard
1 shade tree per 70 linear feet of street frontage, to be placed within the front setback
N/A 50% 2/3 of the front yard
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1. Single Detached and Duplex Residential Uses:
a. Minimum landscape requirements set forth in table 3 pertaining to single detached and duplex residential uses shall apply.
b. The use of xeric/waterwise plant material and principles are strongly encouraged.
c. For xeric/waterwise renovations to existing single detached and duplex
residential sites, the minimum landscape requirements set forth in table 3 remain in effect.
d. A fully rocked or mulched front yard must contain a minimum one-third living plant coverage, as measured by projected growth after two years.
e. Native grasses and/or wildflower mixes of a height greater than twelve (12)
inches must be confined to the rear yard or planted within a defined bed with a structural or spaded edge in the front yard.
f. Artificial turf is permitted in rear or side yards not visible from a public street at a maximum of 400 square feet per dwelling unit.
2. Multi-Unit Residential and Nonresidential Uses:
a. The minimum landscape requirements set forth in table 3 pertaining to multi-unit and nonresidential uses shall apply.
Multi-Unit Residential Uses
30% of total lot area; 100% of front yard, excepting pedestrian and vehicular access
1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area
30% 50%
Nonresidential Uses
Zoned Commercial
20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF
of required landscape area
30% 50%
Zoned Industrial
15% of gross lot area
All Other Zone Districts
20% of gross lot area
Zoned Mixed Use(c) See Article XI
Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b) In addition to trees required within the front setback, on-site trees and shrubs shall be provided. (c) The landscape requirements of this table do not apply to mixed-use zones. Refer to section 26-1110.
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b. Expansions of existing development and structures.
i. Unless otherwise expressly stated in this subsection, the landscaping requirements of this section apply when an existing structure is expanded
or enlarged, through the addition of floor area or other units of
measurement used for establishing landscaping requirements.
ii. If the site is conforming in terms of the existing landscaping square footage provided, then the expansion or new site development shall not cause the percentage of landscaping to be reduced below the required
percentages in table 3.
iii. If the site is currently nonconforming in terms of the existing landscaping square footage provided, additional landscaping shall be required to address the enlarged or expanded area, not the entire building or use, on a percentage basis as determined by square footage added. Table 4
below sets forth an example for applying this standard:
Table 4. Calculating Required Landscaping for Expansions on Non-Conforming Sites
Example Worksheet
Proposed Building SF 2,600 S.F. _______ S.F.
Existing Building SF 2,000 S.F. _______ S.F.
Added SF 600 S.F. _______ S.F.
Percent Increase 600 S.F. / 2,000 S.F. = 30% ______ / ______ = ______%
Existing Lot Area 14,500 S.F. _______ S.F.
Required Landscaping per Current Code 20% _______ %
Required Landscape
Area per Current Code 14,500 S.F. x .20 = 2,900 S.F. ______ x ______ = ______ S.F.
Existing Landscape Area 500 S.F. _______ S.F.
Landscape Deficiency 2,900 S.F. – 500 S.F. = 2,400 S.F. ______ - ______ = ______ S.F.
Required Additional Landscaping
30% x 2,400 S.F. = 720 S.F.
(% increase x landscape
deficiency)
______ x ______ = ______ S.F.
Note: If the existing landscape area is less than the required amount under the current code
for new development, this number is used to calculate the proportionate increase required.
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For example, if there was only 500 square feet of landscaping, then 720 additional square feet would be required, where practicable.
c. The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation.
d. Walking paths or sidewalks of at least five (5) feet in width may count toward non-living landscaping if designed as part of a pedestrian network or loop
through other living or non-living landscape areas such as a common lawns,
plazas, or courtyards, subject to approval by the community development director.
e. Preservation of existing healthy trees is encouraged, and credit shall be given toward required new plant material. Trees with a caliper of five (5) inches or
less may be credited as one (1) tree. Trees with a caliper of five (5) to ten (10)
inches may be credited as two (2) trees. Trees with a caliper in excess of ten (10) inches may be credited as three (3) trees.
f. Non-functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations:
i. Landscape areas with slopes greater than 4:1, and
ii. Landscape strips less than six (6) feet in width.
g. Artificial Turf.
i. Artificial turf is permitted in limited circumstances, as follows:
a) Sport and play areas specifically designated for athletic purposes
including but not limited to athletic fields, playgrounds, gaming areas,
and dog runs.
b) Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit.
c) The location shall be approved through a site plan application, civil
construction documents, site work permit, or building permit, whichever
is applicable, and permeability shall be accounted for in drainage plans. The area may be credited toward non-living landscape area.
ii. Artificial turf is prohibited in the following locations:
a) Required landscape buffer areas.
b) Areas owned and/or maintained by owners’ associations, except where
used for athletic purposes.
c) On commercial, industrial, and institutional properties, except where used for athletic purposes.
h. Screening, Buffers, and Transitions.
i. Landscape screening and buffering for parking lots:
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a) Any parking lot, drive aisle, drive-thru lane, or loading area adjacent to a public street shall be screened with one or more of the following:
1) A minimum five (5) foot wide landscape buffer with regularly spaced
trees and/or shrubs to soften the parking edge.
2) A vertical screening device, 30 to 42 inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a
combination pier and decorative iron railing, or any other decorative
and durable screening device that is consistent with the materials of the main building. Wood, chain link and vinyl picket fencing shall not be permitted.
3) When a parking lot’s frontage along the street or public space is
greater than twenty (20) linear feet, no more than thirty percent
(30%) of the screening requirement may be fulfilled by a landscape buffer.
b) Wherever a parking lot abuts a property with a residentially or agriculturally zoned lot with a residential use, a minimum ten (10) foot
wide landscape buffer is required between the parking lot and the
adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property line. The landscape buffer shall contain regularly spaced trees and/or shrubs.
c) Additional parking lot buffering requirements may apply based on use.
Refer to supplementary regulations in Article VI.
ii. Landscape screening and buffering between use types.
a) Where new development abuts a residentially or agriculturally zoned lot that contains a single-unit or duplex residential use, a landscape
buffer shall be required following the standards of the parking lot buffering requirements adjacent to residential uses.
b) The buffer shall count toward the required building setback.
i. Parking area landscaping.
i. Parking area landscaping shall be provided including any required
parking lot buffers. Landscaping in off street parking areas shall be counted toward the minimum required landscape area.
ii. Landscape islands. The intent of requiring landscape islands is to provide shade and minimize the aesthetic impact of large, uninterrupted expanses of pavement.
a) Interior landscape islands shall be provided at a minimum rate of one (1) island per thirty (30) parking spaces. Each landscape island shall occupy the equivalent of one (1) parking space or larger and shall be
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landscaped with a minimum of one (1) shade tree and four (4) shrubs or acceptable equivalent (see table 1).
b) At the discretion of the owner, and with approval of the director of
community development, based upon the intent and purpose of this
section, an acceptable alternative to individual islands would be the equivalent aggregate landscape area developed in larger islands or landscape medians.
c) Parking lot landscape islands shall be irrigated with an automated drip
system and have raised concrete curbs.
d) No landscaping within the parking lot islands or medians shall impede parking space use or obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot.
F. Process.
1. Landscape Plan. A landscape plan shall be submitted with the required
development plan or building permit for (1) all single-unit or duplex residential development with common area tracts or easements, (2) all multi-unit residential development, and (3) all nonresidential development. The plan shall include:
a. Date, north arrow, and scale; name and location of the development; name(s)
of owner(s); name, address and telephone number of person or firm
preparing the plan; name and telephone number of the contact person for the project.
b. Location of property lines with dimensions, adjacent streets and rights-of-way, drainage features, building and structures, parking, loading and vehicular
circulation areas, driveways, exterior freestanding light fixtures and sight distance triangles.
c. Location, dimensions, and square footage calculations of all landscape areas including total lot area, total landscape area, and areas of living and non-living materials.
d. Location of proposed plant materials and trees; schedule of plant material and trees including species types, sizes, quantities, and hydrozone category, with total quantities and characteristics provided by use of a key and legend.
e. Location of existing trees or other plant material to be preserved; schedule of existing trees or plant material to be preserved including species types, sizes,
and quantities.
f. Location of existing trees or other plant material to be removed; schedule of existing trees or plant material to be removed including species types, sizes, and quantities.
g. Standard notes as determined by the community development department.
2. Hydrozone Plan. A hydrozone plan is required with the submittal of a landscape plan which shall encourage the grouping of plants by water need. The plan shall include:
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a. Location, square footage, and hydrozone category (high, moderate, low, or very low) for each zone.
b. Annual water budget table. Calculations shall utilize the following water
budget categories and include a table of annual water usage, as noted below.
A maximum budget of fifteen (15) gallons per SF per year is allowed, with twelve (12) gallons per SF or less encouraged.
Table 5. Water Budget Categories
H High 18+ gallons/SF/year
M Moderate 10 gallons/SF/year
L Low 3 gallons/SF/year
VL Very Low 0 gallons/SF/year
Table 6. Calculating an Annual Water Budget
Hydrozone Category Total Square Feet/Category Total Gals/Year/Category
High Water Zones ______ SF x 18 Gals/SF = ______ Gals/Year
Moderate Water Zones ______ SF x 10 Gals/SF = ______ Gals/Year
Low Water Zones ______ SF x 3 Gals/SF = ______ Gals/Year
Very Low Water Zones ______ SF x 0 Gals/SF = ______ Gals/Year
______ SF Total All Zones
______ Gals/Year Total All Zones
________ Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones)
Table 7. EXAMPLE: Annual Water Budget Table
Hydrozone Category Total Square Feet/Category Total Gals/Year/Category
High Water Zones 500 SF x 18 Gals/SF = 9,000 Gals/Year
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Moderate Water Zones 1,500 SF x 10 Gals/SF = 15,000 Gals/Year
Low Water Zones 1,000 SF x 3 Gals/SF = 3,000 Gals/Year
Very Low Water Zones 200 SF x 0 Gals/SF = 0 Gals/Year
3,200 SF Total All Zones
27,000 Gals/Year Total All Zones
8.43 Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones)
3. Irrigation Plan. An irrigation plan showing the location and type of irrigation system shall be submitted with the required civil construction plans as part of site development plan review (or building permit, if determined by the community
development director).
4. Amendments to an approved plan.
a. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting.
b. If minor changes to a site’s landscaping are requested due to attrition or changes in site conditions, approval by the community development director may be required. The total area of landscaping may not be reduced below approved or minimum standards.
c. For property owners wishing to move toward a more xeric/waterwise design,
a revised landscape plan may be required if the original design is substantially altered, if the proposed changes result in a significant modification of the irrigation system, or if an irrigation plan or system does not exist, at the discretion of the community development director.
5. Administrative adjustments and variances.
a. Administrative adjustments. Administrative adjustments are intended to relieve unnecessary hardship in complying with the strict letter of this article, especially in cases where unique site or building characteristics exist, to be demonstrated by the applicant who shall include an alternative proposal with the application materials. The community development director may grant
administrative adjustments to the following standards:
i. Species type, quantity, and size of plantings.
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ii. Required increase of landscaping on nonconforming sites with a proposed expansion if the addition of landscaping is impossible or impractical due to other code requirements such as required parking areas.
iii. Adjustments to width of required buffer zones up to twenty percent (20%).
iv. Irrigation of new xeric/waterwise landscaping on sites with existing development if water lines are not readily available nor feasible to install.
b. Variances. The minimum required landscape area from table 3 and required buffer areas from section 26-502.E beyond administrative adjustments of
twenty percent (20%), may be eligible to be reduced by approval of a
variance; see section 26-115.
Section 2. Section 26-111.D.3 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26-502:
D. Site plan application requirements.
…
3. Landscape plan. Landscape plans shall conform to the requirements of section 26-502, in addition to:
a. The landscape plan shall be prepared in a twenty-four (24) × thirty-six (36) inch format;
b. a. Location and dimensions of all open space areas, including
minimum required usable open space for site development within a mixed use zone district;
c. Proposed materials for all landscaped and hardscaped areas;
d. Location and type of all trees and other plantings;
e. Schedule of proposed plantings;
f. b. Table showing open space or landscape area required and provided., including required and provided usable open space for site development within a mixed use zone district.
Section 3. Section 26-115.C.1 of the Wheat Ridge Code of Laws is hereby
amended as follows to specify which sections of Section 26-502 are eligible for variances:
C. Variances:
1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for
administrative variances from the strict application of any of the "development standards" pertaining to zone districts in article II and sections 26-501 (off-street parking), and Table 3 of 26-502.E (landscaping requirements by use), and 26-502.E (screening, buffers, and transitions), and 26-603 (fencing), and subsection 26-646.B.
(development standards for ADUs) and article VII (signage) of this chapter, which apply through the various zone district regulations and in
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other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions:
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3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503 Table 3 of
26-502.E, 26-502.E, 26-603, 26-625 or article VII of this chapter.
Section 4. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended by the revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows:
Amenity zone: the portion of the streetscape between the back of curb and sidewalk. The amenity zone may be hardscaped or landscaped and provides a buffer between the sidewalk or parking area and street. The amenity zone is the location for streetlights, pedestrian lights, street trees, street amenities and furniture, and utilities.
Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side-by side configuration (refer to dwelling, single attached). Also referred to as multi-unit dwelling.
Dwelling, single attached. Three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different
units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances.
Hardscape. Exterior ground surface areas covered with concrete, pavers, brick, stone or a similar surface and not intended for vehicular use.
Landscaping. A combination of living material (such as trees, shrubs, perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards; hard surface sport courts; permeable artificial turf surfaces, and unplanted areas of a xeric landscape), natural features (land and water forms), and structural features (such as benches, fountains, art, and screen walls). plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass, and may include natural features, such as rock, stone and bark, and structural features, including, but not limited to, fountains, reflecting pools, art works, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping, however, maintained natural grasses and natural flowers may be considered as landscaping.
Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted as nonliving landscape feature.
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Streetscape. The sidewalk, amenity zone, and other improvements typically located in the right-of-way between the curb and the property line. In some cases, streetscapes may be adjacent to a private street or within public easements
adjacent to the right-of-way.
Section 5. Section 26-216 of the Wheat Ridge Code of Laws, containing requirements for the Neighborhood Commercial (NC) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Thirty (30) feet minimum, except for:
…
c. For properties within a Traditional or Contemporary overlay
area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall
apply:
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c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where
zoned agricultural and there is a residential structure within fifteen (15)
feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and
adjacent public streets, one (1) or more of the following shall apply:
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d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 6. Section 26-217 of the Wheat Ridge Code of Laws, containing
requirements for the Restricted Commercial (RC) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
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B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
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d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:
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c. In addition to building setback as required by subsection a. above,
where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking
lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:
…
d. In addition to building setback as required by subsection a. above,
where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for
parking lots), shall be required.
Section 7. Section 26-218 of the Wheat Ridge Code of Laws, containing requirements for the Commercial-One (C-1) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
…
d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a
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build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and
adjacent public streets, one (1) or more of the following requirements shall
apply:
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c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot
that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply:
…
d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot
that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 8. Section 26-219 of the Wheat Ridge Code of Laws, containing
requirements for the Commercial-Two (C-2) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Fifty (50) feet minimum, except for:
…
d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply:
…
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c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where
zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required.
7. Rear yard setback. Based upon specific site, adjacent land use and
adjacent public streets, one (1) or more of the following shall apply:
…
d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where
zoned agricultural and there is a residential structure within fifteen (15)
feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
Section 9. Section 26-220 of the Wheat Ridge Code of Laws, containing
requirements for the Industrial-Employment (I-E) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502:
B. Development standards:
…
5. Front yard setback. Ten (10) feet minimum. The 10-foot setback area must be landscaped to meet the requirements of section 26-502. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement.
6. Side yard setback.
a. Principal permitted and accessory uses: Five (5) feet per story minimum, except as follows:
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(2) Ten (10) feet where adjacent to a dedicated public street. The
10-foot setback area must be landscaped to meet the requirements of section 26-5052.
(3) Where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential
use, a fifteen-foot landscape buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required.
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…
7. Rear yard setback.
a. Principal permitted and accessory uses: Ten (10) feet for a one-story
building and an additional five (5) feet per each additional story thereafter,
except as follows:
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(3) Where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned
residential, or where zoned agricultural and there is a residential use, a fifteen-foot landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots) shall be required.
Section 10. Section 26-306.B of the Wheat Ridge Code of Laws is hereby amended as follows to defer to landscape plan requirements of Section 26-502:
B. Form and content of specific development plan.
…
2. Site plan. The drawings shall be to-scale and shall include the locations of the following:
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b. Proposed locations for landscaping, parking, building locations, and buffering. Landscape plan shall be in conformance with the requirements of section 26-502.F.
Section 11. Section 26-417.C of the Wheat Ridge Code of Laws is hereby amended as follows to clarify right-of-way landscaping as a public improvement:
C. Types of public improvements:
1. Street and/or streetscape improvements. Construction of street improvements or payment in lieu is required only for certain types of subdivision or development applications as outlined in subsection E. below. Street improvements include, but are not limited to, the following:
…
g. Landscaping. in the right-of-way including required street trees and irrigation.
Section 12. Section 26-628 of the Wheat Ridge Code of Laws is hereby amended as follows to be consistent with landscaping requirements of Section 26-502:
F. Whenever a parking lot or display lot adjoins property zoned for residential use, a landscape buffer of ten (10) twelve (12) feet from said lot boundary shall be required. Within the ten-foot twelve-foot landscape buffer, a six-foot view obscuring fence or decorative wall shall be constructed. There shall be no waivers of this landscape and fence buffer requirement.
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G. There shall be at least one (1) interior landscaped island for each thirty (30) parking and/or vehicle display spaces. Each such landscape island shall occupy the equivalent of one (1) parking space, and each such required island shall be
landscaped with a minimum of one (1) two-inch caliper tree or larger, and five (5) shrubs or acceptable living groundcover. Refer to section 26-502 for parking lot landscape island requirements.
Section 13. Section 26-501.B.7 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26-502:
B. Applicability.
…
7. Parking plan required.
…
c. Location of landscaping areas and type of landscaping,
including size, species, and number as required in section E.6
below. Location of landscaped areas including required buffers/screening and parking lot islands as required by section 26-502.E.
Section 14. Section 26-501.E of the Wheat Ridge Code of Laws is hereby
amended as follows to defer to Section 26-502:
E. Standards.
1. General provisions.
…
c. Location of parking areas.
…
iv. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard which is adjacent to a public street, a landscape buffer of at least
ten (10) feet is required.
…
6. Parking area landscaping. Parking area landscaping shall be provided as set forth below. Landscaping in off street parking areas shall be counted towards the minimum total landscaped area required by section
26-502.
a. Landscape buffering for parking and loading areas. Landscape buffering shall comply with screening and buffering requirements of section 26-502.E.
i. Adjacent to low- or medium-density residential. Whenever a
parking lot or loading area boundary adjoins property zoned for low-
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or medium-density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape
buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development
through a landscape plan.
ii. Between public right-of-way and structure(s). When a parking lot or loading area is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring
screen shall be composed of live plantings, berms, fences or walls,
or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. Also see subsection 26-502.D.3.c.2 regarding landscape buffers on nonresidential property.
b. Landscaped islands in parking areas. Landscaped islands are required as set forth in section 26-502.E. The intent of the requirements for landscaped islands in larger parking areas is to break up groups of parking spaces within the parking area to minimize the aesthetic impacts of large, uninterrupted parking areas.
i. All parking areas in excess of thirty (30) spaces shall have at
least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or
larger and four (4) shrubs or accepted groundcover.
ii. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscaped area developed in larger islands
or as interior divider strips.
iii. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs.
iv. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot.
…
12. Miscellaneous.
…
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k. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard,
which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required.
Section 15. Section 26-1106.H of the Wheat Ridge Code of Laws is hereby amended as follows to correct code cross-reference and align with section 26-502:
H. Residential transitions.
…
1. Landscaped buffers. Where new development abuts a residentially or agriculturally zoned lot that contains a single- or two-unit residential use, the required setbacks in section 26-1105.DC shall apply. The required setback area shall be landscaped with grass and trees and/or shrubs. a
mix of living and non-living materials.
Section 16. Section 26-1107.C of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502:
C. Surface parking buffers and screening.
1. Where a surface parking lot directly abuts a street or public space, one
(1) or more of the following screening elements shall be used:
• Minimum five-foot wide landscape buffer with regularly spaced trees and/or shrubs to soften the parking edge. grass, or groundcover plantings, and trees located a minimum of thirty (30) feet
on center.
• A vertical screening device, thirty (30) to forty-two (42) inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a
combination masonry pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. The screen must meet the sight triangle requirements in section 26-603.
…
2. Where a surface parking lot boundary abuts a residentially or agriculturally zoned lot with a residential use, a landscape buffer of six (6) feet from said lot boundary shall be required. Along the boundary of the lot with a residential use, a six-foot-high view-obscuring fence, decorative
wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other ground cover and trees and/or shrubs shall be planted within the landscape buffer a minimum ten (10) foot
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wide landscape buffer is required between the parking lot and the adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property
line. The landscape buffer shall contain regularly spaced trees and/or shrubs (Figure 12).
Section 17. Section 26-1110 of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502:
D. Minimum landscaping. At least thirty-five (35) percent of the required open
space area shall be composed of living landscape materials, including trees. The minimum plant sizes required by section 26-502.F requirements of sections 26-502.C, D, and F shall apply.
E. Usable open space. For all development sites, at least seventy-five (75) percent of the required open space must be usable open space.
…
4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees living material, subject to approval of the community
development director.
…
F. Artificial turf. Artificial turf is prohibited except in limited circumstances for common areas and outdoor dining areas, such as central plazas, patios, play areas, or ball fields (but not private yard space or required landscape buffers)
within the discretion of the community development director.
1. Artificial turf is permitted in limited circumstances, as follows:
• Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields, playgrounds, gaming areas, and dog runs.
• Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit.
• Required residential transitions landscape buffers.
• The location shall be approved through a site plan application, civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. Artificial turf shall not qualify as living landscape materials as required by section 26-1110.D, but does qualify as non-living landscape materials.
2. Artificial turf is prohibited in the following locations:
• Required parking lot landscape buffer areas.
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• Areas owned and/or maintained by owner’s associations, except where used for athletic purposes.
• On commercial industrial, and institutional properties, except
where used for athletic purposes.
…
G. Non-Functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations:
• Landscape areas with slopes greater than 4:1, and
• Landscape strips less than six (6) feet in width.
GH. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape Design Manual.
HI. Maintenance. The developer, its successor and/or the property owners shall
be responsible for regular weeding, irrigating, fertilizing, pruning, or other maintenance of all plantings as needed in order the ensure the survival of any required landscaping. The city may require the removal and replacement of such landscaping where dead, diseased, or damaged landscaping is found. All
property owners/occupants shall be responsible for the maintenance of
landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. Landscaping shall be maintained in accordance with section 26-502.D.
IJ. The requirements of section 26-502, subsections C,D, and F shall apply to
mixed use zones. The remaining subsections of section 26-502 shall not apply to such zones. shall not apply within any mixed use zone, with the exception of the minimum plant sizes in 26-502.F.
JK. The requirements of section 26-507 shall apply in all mixed use zone districts.
KL. The requirements of section 26-508 shall apply in all mixed use zone districts.
Section 18. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26, Article XI of the Code, is hereby amended by the deletion of certain definitions now defined in section 26-123 applicable to all of Chapter
26:
Streetscape. The sidewalk, landscaping, and other improvements typically located in the right-of-way between the curb and the property line. In some cases streetscapes may be adjacent to a private street or within easements adjacent to the right-of-way.
Section 19. Severability, Conflicting 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
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be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 20. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 12th day of August 2024, 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 26, 2024 at 6:30 p.m., as a virtual meeting and 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 ___ to ___, this ___ day of _______, 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________ Bud Starker, Mayor
ATTEST:
_________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney First Publication: August 13, 2024 Second Publication: August 27, 2024
Effective Date: September 11, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission Minutes - 1 – August 1, 2024
PLANNING COMMISSION Minutes of Meeting August 1, 2024 1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DISNEY at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology.
2. ROLL CALL OF MEMBERS
Commission Members Present: Kristine Disney
Daniel Graeve Krista Holub Michael Moore Patrick Quinn Syrma Quinones
Jonathan Schelke
Commission Members Absent: Will Kerns
Staff Members Present: Jana Easley, Planning Manager Stephanie Stevens, Senior Planner Janet Gassman, Landscape Planner
Tammy Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by consensus to approve the order of the agenda.
5. APPROVAL OF MINUTES – July 18, 2024
It was moved by Commissioner GRAEVE and seconded by Commissioner SCHELKE to approve the minutes of July 18, 2024, as written. Motion carried 6-0-1 with Commissioner Holub abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes - 2 – August 1, 2024
7. PUBLIC HEARING
A. Case No. ZOA-24-04: An Ordinance repealing and re-enacting Article V of
Chapter 26 of the Wheat Ridge Code of Laws concerning the City's landscaping
requirements and making conforming amendments therewith. Ms. Gassman gave a presentation on the nine topic areas analyzed for the proposed ordinance including irrigation, artificial turf, irrigated and non-functional turf,
landscape specifications, low-density residential requirements, non-living
landscape materials, waterwise design, maintenance, and the Streetscape plant list. Public Comment
No one wished to speak.
Commissioner SCHELKE asked if the requirement of 1/3 of the landscaping being live plant coverage is for new build along and existing landscaping.
Ms. Stevens explained it is a requirement for all new residential development and
if an existing property does a renovation, they property will need to conform. Commissioner SCHELKE inquired why artificial turf is only allowed in the side and back yards and not the front.
Ms. Gassman mentioned it is general practice and less desirable and there are better alternatives. Ms. Easley added that artificial turf does not look great in a front yard when it needs repairs.
Commissioner Quinn asked about how to follow the new landscape guidelines.
Ms. Gassman explained there will be handouts and information in the guidebook and on the website referencing the Code, and she added that a permit is not needed to landscape a yard.
In response to multiple questions from Commissioner HOLUB, Ms. Stevens reminded the Commission that the City will only be placing these requirements on the front yard and will not be looking at the side or backyards of a property; the first 25 feet of a driveway needs to be hard surface, which will distinguish the
difference between driveway and gravel landscaping. Ms. Stevens also mentioned
that 25% of the gross lot area needs to be landscaped. Ms. Gassman added that irrigation will be required on all new low-density developments to make sure required trees don’t die.
Commissioner HOLUB also inquired about reclaimed water use and if there are
any requirements.
Planning Commission Minutes - 3 – August 1, 2024
Ms. Gassman clarified that the City defers to Water District restrictions and requirements, currently there is not a reclaimed potable water system in use in the
City, and the State regulates rainwater collection.
In response to a question from Commissioner GRAEVE, Ms. Gassman clarified that 100% of a front yard can be mulch or gravel, but 30% inside the mulch/gravel needs to be live plants. Also, Ms. Easley said that if there is a 60% or larger
renovation then that would trigger the new landscaping requirements.
There was also discussion about the difference between native grasses, turf, and weeds; budgeting water use on plans; and landscaping maintenance requirements for multi-unit and commercial properties.
Commissioner DISNEY asked how the landscaping code will be enforced and if the intent of this Code is to help us adapt to the changing environment. Ms. Easley explained the Planners work daily with the Community Service
Officers and the guidebook will help with the educational piece of landscaping.
Ms. Gassman added that we do need to learn how to adapt to the changing environment with uses of organic mulch compared to rocks and stone. It was recommended by Commissioner HOLUB and seconded by
Commissioner QUINONES to recommend approval of the proposed ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscaping requirements and making conforming amendments therewith.
Motion approved 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates Ms. Easley mentioned that on the August 15 PC meeting will be a study session
regarding the Lutheran Legacy Campus proposed zoning and about amending the
Charter. She also asked the commissioners to keep and eye out for an email inviting them to the annual Boards and Commissions dinner on August 28 at Prospect Park.
B. Project and Development Updates
ITEM NO: 5
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 17-2024 - AN ORDINANCE AMENDING SECTIONS 2, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDNG SHORT-TERM RENTAL DISTRICT CAPS,
REPORTING REQUIREMENTS FOR HOSTING PLATFORMS,
AND ENFORCEMENT PROCEDURES FOR SAME
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/12/2024)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/26/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ _______ Deputy City Manager City Manager
ISSUE:
In February 2021, City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs). Since that time, staff has worked to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and enforcing the codified regulations. Through the implementation of the program, both members of Council and staff identified
necessary amendments to the Code to improve the STR program. This ordinance amends the
Code based on direction received from City Council on June 3, 2024. PRIOR ACTION: Council approved Ordinance 1709 on February 22, 2021, enacting licensing requirements for
STRs in Wheat Ridge. The licensing provisions of the ordinance became effective on May 1, 2021,
and STR hosts were required to begin collecting and remitting lodgers’ tax on August 1, 2021.
Council approved Ordinance 1778 on October 9, 2023, broadening accountability beyond a property’s legal owner or “host” to include any individual who has ownership, possession, or control
Council Action Form – Short-Term Rental Code Amendment August 26, 2024 Page 2
of the premises, and providing additional clarity concerning the prohibition of operating or advertising an STR without a license.
City Council provided consensus for all Code amendments presented in this ordinance at the Study Session on June 3, 2024.
City Council approved this ordinance on first reading on August 12, 2024. A motion was made by Councilmember Larson and seconded by Councilmember Ohm and was approved by a vote of 8 to 0.
FINANCIAL IMPACT: STRs generate approximately $35,000 in licensing fees and $800,000 in lodgers’ tax annually. 50% of the STR lodgers’ tax is placed in the Wheat Ridge Housing Fund, 30% is placed in the Crime Prevention Fund and 20% is placed in the Capital Improvement Program Fund. BACKGROUND: The City uses a GovOS platform called LodgingRevs to facilitate STR host licensing and lodgers’ tax remittance. Additionally, LodgingRevs uses artificial intelligence to scan the internet and certain websites for suspected unlicensed STR activity in Wheat Ridge and provides staff with those listings for further investigation. Finally, LodgingRevs manages a complaint system where
neighbors can report suspicions of STR noncompliance.
The City has licensed a total of 281 STRs as follows:
* Homes in mixed use or commercial zones are not subject to the 2% cap, hence some districts have whole home licenses that exceed the district cap.
Both Council and staff have noted unintended consequences and potential improvements that may warrant an amendment to the current Code to ensure the STR program functions as Council intended. The following discussion items were discussed with Council on June 3, 2024, and received consensus to move forward.
Whole Home Licensing The STR ordinance created a cap on the number of Whole Home STRs in each Council district to a maximum of two percent (2%) of the total number of dwelling units (calculated as a baseline from the number of single-unit, two-unit, and single-attached a.k.a. townhomes). However, the Code’s cap
DISTRICT I II III IV TOTAL
2% cap limit 49 52 54 37 192
Whole Home Licenses (within 2% cap) 49 52 41 37 179
Whole Home Licenses (above cap*) 6 9 0 1 16
Partial Home Licenses 35 24 12 15 86
Total Licenses 90 85 53 53 281
Waitlist Count 43 13 N/A 4 60
Council Action Form – Short-Term Rental Code Amendment August 26, 2024 Page 3
language exempted STRs in non-residential and non-agricultural zone districts, including mixed-use and commercial zone districts.
The prevalence of townhome construction over the past ten (10) years has predominately occurred in the Residential-Three (R-3) zone district which is covered by the cap, and in the Mixed Use – Neighborhood (MU-N) zone district, which is not covered by the cap. This has resulted in a number of Whole Home STRs in townhome developments with mixed-use zoning that are exempt from the cap. Townhomes are individually owned and platted and from a zoning standpoint function as
single-unit homes; they are a large proportion of the new housing stock being developed and often an entry point for many buyers into an otherwise unaffordable market. The allowance of Whole Home STRs in townhome developments limits opportunities for owner-occupied or long-term rental units.
On June 3, 2024, Council consented to a Code amendment to close the “townhome loophole” so that townhomes are treated akin to single-unit and duplex properties and include them in the STR license cap, regardless of zone district. Marketplace Facilitators
Since adoption of the City’s STR Code and program, staff have struggled to work with marketplace facilitators such as Airbnb, VRBO, Priceline, Evolve and the like to appropriately enforce the Code. Examples include:
1. Enforcement of the requirement for the STR license number to be displayed in
advertisements. 2. Identification of the STR license type – Whole or Partial Home. 3. Marketplace Facilitator recordkeeping requirements to support requests from the City for any or all essential STR rental information necessary for compliance work.
4. Lack of penalties for Marketplace Facilitators who allow unlicensed STR operators to
advertise on their platforms and who fail to comply with record request. Staff recommends a mandatory penalty of $1,000.00 per day, per violation. On June 3, 2024, Council consented to these changes to Chapters 2 and 11 of Municipal Code and
they are contained in the attached ordinance draft.
License Cap Reporting Period The cap on Whole Home STRs began on November 1, 2021, six months after the effective date of the ordinance. This was a reasonable “start date” at the time, but after over 2.5 years of
administering the cap and associated wait lists, including yearly recalculations of the cap numbers,
staff has found difficulties with the recount and cap updates being made in November. On June 3, 2024, Council consented to revising the cap recalculation to commence January 1 of the calendar year with a publishing deadline of January 31 of each year to allow sufficient time to pull
the required data, perform data cleaning and publish the updated cap numbers on the City’s website.
Council Action Form – Short-Term Rental Code Amendment August 26, 2024 Page 4
Host Definition In October 2023, the definition in Chapter 11 of a STR host was updated to: “The short-term rental shall be the legal responsibility of all individuals who have ownership, possession or control of the
premises or its operation as a short-term rental, whether as owner, co-owner, occupant, tenant or agent of any of the same.” On June 3, 2024, Council consented to an update of the STR host definition in Chapter 26 to align with that of Chapter 11. RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2024, an ordinance amending sections 2, 11 and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same, on second reading, order it published, and that it take effect fifteen (15) days after final publication.”
Or, “I move to postpone indefinitely Council Bill No. 17-2024, an ordinance amending sections 2, 11 and 26 of the Wheat Ridge Code of Laws regarding short-term rental district caps, reporting requirements for hosting platforms, and enforcement procedures for same, for the following
reason(s) _________________.”
REPORT PREPARED AND REVIEWED BY: Scott Cutler, Senior Planner Mark Colvin, Finance Manager
Nick Klein, City Attorney
Carmen Beery, City Attorney Gerald Dahl, City Attorney Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 17-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON COUNCIL BILL NO. 17
ORDINANCE NO. 1802 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTERS 2, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING SHORT-TERM RENTAL
DISTRICT CAPS, REPORTING REQUIREMENTS FOR HOSTING PLATFORMS, AND ENFORCEMENT PROCEDURES FOR SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31-23-301, et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, pursuant to this authority, the Council previously adopted short-term
rental license requirements and regulations, codified within Chapter 11 and Chapter 26
of the Wheat Ridge Code of Laws (“Code”); and
WHEREAS, City Staff have recommended certain amendments to the short-term rental (“STR”) licensing program to better clarify the responsibilities of third-party hosting websites, to strengthen enforcement tools against third-party hosting platforms which
remain out of compliance with the Code, and to eliminate an unintended gap in regulation
which permitted townhomes to circumvent the license cap in each respective zone district; and
WHEREAS, the Council finds that these amendments are necessary to ensure the continued effective regulation of short-term rentals within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 2-92 of the Code, concerning administrative enforcement penalties, is hereby amended as follows:
Sec. 2-92. - Penalties assessed.
(a) The manager shall develop guidelines for fines based upon the
manager's assessment of the cost to the city for enforcing the provisions of this article. Such guidelines shall be approved by the city council. Thereafter, the manager shall publish a schedule of fines for administrative citations. The schedule of fines shall be graduated in amount, with the
smallest fine being assessed for the first administrative citation and
increasingly larger fines for second, third and subsequent administrative citations. No single fine assessed for an administrative citation shall exceed
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one thousand dollars ($1,000.00). The schedule of fines shall be amended no more than once per year.
(1) NOTWITHSTANDING THE PROVISIONS OF SECTION
2-92(A) HEREOF, FOR THOSE HOSTING PLATFORMS, AS THAT TERM IS DEFINED IN SECTION 11-503, WHICH ARE ISSUED ADMINISTRATIVE CITATIONS PURSUANT TO SECTION 11-506(C), SUCH FINE SHALL AUTOMATICALLY BE IN THE AMOUNT OF ONE THOUSAND DOLLARS
($1,000) PER DAY FOR EACH DAY A VIOLATION OCCURS.
(b) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for violations of the same applicable section. The fine assessed for each administrative citation issued for
violations of the same applicable section(s) shall not exceed the amount set
in the manager's schedule of fines regardless of the number of violations per citation.
(c) Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
(d) All fines assessed shall be payable to the City of Wheat Ridge.
Section 2. Section 11-503 of the Code, concerning short-term rental operational requirements, is hereby amended as follows:
Sec. 11-503. - Operational requirements.
(a) Notice to adjacent property owners. Within seven (7) days of
issuance of a short-term rental business license, the short-term rental host, as defined in section 26-123, shall notify adjacent property owners within one hundred (100) feet of the subject property with through a written notice by regular mail or personally delivered. The notice shall include the
emergency contact information required by subsection 11-502(1).
(b) Posting. A copy of the issued short-term rental business license and the emergency contact information shall be conspicuously posted on the subject property within the area rented for use as a short-term rental.
(c) Non-assignable. A short-term rental business license may not be
transferred or assigned to any other party or any other property. A short-term rental business license does not transfer to a new property owner if a property with an approved short-term rental is sold.
(d) Age restriction. A short-term rental shall not be rented to a person under twenty-one (21) years of age.
(e) Any advertisement for a short-term rental shall be subject to the following requirements:
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(1) The license number as provided by the city AND AN IDENTIFICATION OF THE SHORT-TERM RENTAL AS EITHER A WHOLE HOME OR PARTIAL HOME RENTAL shall be posted within
the advertisement, including on any hosting platform. For the purposes of this ARTICLE subsection, a hosting platform shall mean a person or entity that facilitates reservations or payments between a short-term rental host and a person seeking lodging accommodations, including a website with short-term rental listings.
(2) Advertisements may not promote the use of cannabis or other controlled substances on the property.
(F) HOSTING PLATFORMS. EACH HOSTING PLATFORM SHALL MAINTAIN THE FOLLOWING INFORMATION FOR SHORT-TERM RENTAL TRANSACTIONS FACILITATED IN THE CITY WITHIN THE
PAST FIVE (5) YEARS:
(1) THE NAME OF THE PERSON WHO OFFERED THE SHORT-TERM RENTAL;
(2) THE ADDRESS OF THE SHORT-TERM RENTAL;
(3) THE DATES FOR WHICH THE SHORT-TERM RENTAL
WAS BOOKED BY A GUEST;
(4) THE PRICE PAID BY THE GUEST FOR EACH SHORT-TERM RENTAL TRANSACTION;
(5) THE SHORT-TERM RENTAL LICENSE NUMBER FOR ANY PROPERTY OPERATING ON THE PLATFORM; AND
(6) ANY INFORMATION RELEVANT TO THE REMITTANCE
OF LODGING TAX DUE UNDER ARTICLE II OF CHAPTER 22 OF THIS CODE.
Section 3. Section 11-506 of the Code, concerning short-term rental enforcement,
is hereby amended as follows:
Sec. 11-506. - Failure to register; violations, enforcement.
(a) It is unlawful to operate, provide, advertise or solicit the renting of a short term rental, or to aid, facilitate, abet, permit or allow any of the same, within the city without the required short-term rental business license and
type ("whole-home" or "partial-home") under this article XIV and section 26-645 of this Code. (b) Persons violating this section or any other provision of this article or section 26-645 of this Code shall be subject to the enforcement
procedures and penalties provided under sections 1-5 and 1-6 of this Code. Additionally, any person legally responsible for a short term rental, as provided in section 11-504(b) hereof, operated in violation of this article is
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not eligible to apply for a short-term rental business license for one (1) year following the date upon which the violation is entered by court or AHO order, payment of administrative fine, effectiveness of plea agreement or other
settlement, or any other legal form of admission or adjudication.
(c) Persons OR HOSTING PLATFORMS violating this section or any other provision of this article or section 26-645 of this Code shall be subject to the administrative enforcement procedures and penalties provided under
article V of chapter 2 of this Code. (d) The enforcement processes and penalties set forth herein are cumulative and concurrent in nature. The city's initiation of one process does not preclude or bar the city's pursuit of any other right, remedy or
process. (e) The city treasurer is hereby authorized to adopt rules and regulations, if needed, to implement the requirements of this section 11-506.
Section 4. Section 26-123 of the Code, concerning defined terms, is hereby amended by adding the following new definition for “dwelling, single attached” and by amending the “short term rental host” definition, in their respective alphabetical locations, as follows:
Sec. 26-123. - Definitions.
DWELLING, SINGLE ATTACHED. A TYPE OF MULTI-UNIT DWELLING THAT INCLUDES THREE (3) OR MORE DWELLING UNITS WHERE EACH UNIT IS ATTACHED TO OTHER UNITS BY PARTY WALLS, AND WHERE HABITABLE SPACES OF DIFFERENT UNITS ARE
ARRANGED SIDE-BY-SIDE, RATHER THAN A STACKED CONFIGURATION. THIS CAN INCLUDE, BUT IS NOT LIMITED TO, TOWNHOMES WITH EXTERIOR ENTRANCES.
Short-term rental host. Any person OR PERSONS, as defined in this section, WHO HAVE OWNERSHIP, POSSESSION OR CONTROL OF
THE PREMISES OR ITS OPERATION AS A SHORT-TERM RENTAL, WHETHER AS OWNER, CO-OWNER, OCCUPANT, TENANT OR AGENT OF ANY OF THE SAME as owner of a property, who offers or provides lodging in a short-term rental.
Section 5. Section 26-645 of the Code, concerning short-term rentals, is hereby
amended as follows:
Sec. 26-645. - Short-term rentals.
Short-term rentals, as defined in section 26-123, are subject to the following requirements:
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A. Licensing and permitting required. It shall be unlawful for any person, as defined in section 26-123, to offer or provide lodging in the form of a short-term rental within the city without having first obtained a short-
term rental business license pursuant to chapter 11, article XIV of the Code.
Only owners of the affected real property may obtain short-term rental business licenses.
B. Permitted locations.
1. Short-term rentals are permitted as primary or accessory
uses in all residential, agricultural, commercial, and mixed-
use zone districts, including planned development districts.
2. Short-term rentals are prohibited in industrial zone districts including planned industrial developments.
C. Maximum number per short-term rental host: A short-term rental
host, as defined in section 26-123 ("short-term rental host"), may operate a
short-term rental in up to one (1) dwelling unit not occupied by the host (a "whole-home" rental), and in up to one (1) dwelling unit occupied by the host (a "partial-home" rental) where a portion of the dwelling unit, such as a room or rooms, functions as a short-term rental, so long as the host continuously
resides in the dwelling unit or on the same property in either the primary or
accessory dwelling unit through the duration of the rental. This maximum shall apply to all types of dwelling units in all zone districts, except for the following:
1. Apartments and mixed use developments. A short-term
rental host, as the owner of an apartment or mixed-use
development in the mixed use-neighborhood (MU-N), mixed use-commercial (MU-C) series, and commercial-one (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For
apartment and mixed-use developments with greater than forty (40) dwelling units in those zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four (4) already permitted by this section. For the purposes of this
subsection, an apartment or mixed-use development shall mean one (1) or more multiple contiguous properties under one (1) ownership with one (1) or more multi-unit dwellings or mixed use buildings, EXCLUDING SINGLE ATTACHED DWELLING USES.
2. Condominium developments: For condominium developments (those which have a recorded condominium plat allowing for individually-owned dwelling units) in any zone district, each individual dwelling unit owner is eligible, as a short-term rental host, to operate a short-term rental as
provided by subsection C. of this section, provided that the
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maximum number of such rentals allowed by subsection C.1. is not exceeded in the development.
3. Accessory dwelling units: A short-term rental shall be
permitted to operate within an accessory dwelling unit and
shall be considered an owner-occupied or partial-home short-term rental.
D. Requirements.
1. THE PROPERTY OWNER OF A short-term rental owner
must obtain a short-term rental business license pursuant to chapter 11, article XIV.
2. A short-term rental must be located within a legal dwelling unit as defined in section 26-123.
3. The building or portion of building used as a short-term
rental shall continuously meet the standards of all applicable
international residential and building codes adopted or amended by the City of Wheat Ridge as set forth in chapter 5 of the Code of Laws.
4. Short-term rentals are prohibited in temporary structures
and buildings or structures without a residential certificate of
occupancy, including but not limited to: recreational vehicles, sheds, tents, and campers.
5. Short-term rentals are prohibited in deed-restricted affordable housing, income-restricted housing, age-restricted
housing, and rent-stabilized or rent-controlled housing. A
short-term rental host shall be required to attest to compliance with this provision as part of the registration process.
6. If the property does not meet the minimum parking requirements in section 26-501 for the zone district in which it
is located, one (1) additional parking space per short-term rental is required to be installed prior to approval of a short-term rental license. A short-term rental host shall be required to attest to compliance with the parking requirements as part of the registration process.
7. Short-term rentals located in any residential zone district shall be restricted to a minimum two-night stay, per individual reservation.
E. Maximum number of short-term rentals per city council district.
1. There shall be a limit on THE total number of non-owner-
occupied short-term rentals that are licensed in each city council district. The limit per council district shall be established by the community development director on an annual basis ON JANUARY 1, WITH A REPORTING
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DEADLINE OF JANUARY 31. THE LIMIT and shall be calculated as two (2) percent of the total number of units within single- ,and two-unit, AND SINGLE ATTACHED dwellings in
each district (single attached townhomes units shall be included in the total number of units). This restriction shall not apply to owner-occupied short-term rentals and shall not apply to short-term rentals in non-residential and non-agricultural zone districts, including mixed use districts and
commercial zone districts.
a. THIS RESTRICTION SHALL APPLY TO ANY SINGLE-, TWO-UNIT, AND SINGLE ATTACHED DWELLING IN ANY ZONE DISTRICT.
b. THIS RESTRICTION SHALL NOT APPLY TO
OWNER-OCCUPIED SHORT-TERM RENTALS.
c. THIS RESTRICTION SHALL NOT APPLY TO SHORT-TERM RENTALS WITHIN APARTMENT AND MIXED-USE DEVELOPMENTS IN MIXED USE AND COMMERCIAL ZONE DISTRICTS WHICH ARE
SUBJECT TO THE RESTRICTIONS OF
SUBSECTION (C)(1) HEREOF.
2. If the maximum number for any district is reached, any subsequent application shall be placed on a waiting list until such time that the total number of short-term rentals in that
district falls under the maximum number allowed.
Section 6. Severability, Conflicting 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 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of August 2024, ordered published by title and in full on the City’s website as
provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for August 26, 2024 at 6:30 p.m., as a virtual meeting and 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 ___ to ___, this __ day of ____, 2024.
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SIGNED by the Mayor on this _____ day of ____________, 2024.
_______________________________ Bud Starker, Mayor
ATTEST:
____________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: August 13, 2024 Second Publication: August 27, 2024 Effective Date: September 11, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 6
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL 18-2024 - AN ORDINANCE AUTHORIZING
THE ISSUANCE BY THE CITY OF WHEAT RIDGE,
COLORADO OF ITS SALES AND USE TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2024; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (08/26/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/09/2024) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Deputy City Manager City Manager ISSUE: At the regular general election held on November 7, 2023, the electorate of the City approved
ballot question 2J, which extended the one-half of one percent sales and use tax levied by the
City and authorized the issuance of debt to finance City investment in capital improvement projects. Sales and use tax revenue bonds will be issued to finance the City investments, which requires approval of an ordinance by City Council.
PRIOR ACTION:
On August 28, 2023, City Council approved Council Bill 21-2023, an ordinance giving notice of and calling for a special municipal election to be held November 7, 2023 and submitting a ballot question concerning the issuance of debt and an extension of the expiring sales and uses tax of one-half of one cent (0.50%).
FINANCIAL IMPACT: The City of Wheat Ridge’s debt will be increased by up to $75,000,000 with a repayment cost of $125,000,000. The maximum annual repayment cost of the Bonds shall not exceed $7,700,000. The extension of the one-half of one percent sales and use tax is expected to generate approximately
Council Action Form– Bond Ordinance August 16, 2024 Page 2
$5,000,000 annually. The intent is to issue at least two tranches of Bonds. The first will be issued in the fall of 2024 at approximately $32,400,000 (Attachment 6) BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with
reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance of debt to finance improvements to Anderson Park, the reconstruction of Wadsworth Boulevard, infrastructure improvements to the Wheat Ridge Ward commuter rail station area, and construction of a new
off/on ramp for the Clear Creek Crossing development. In November 2016, Wheat Ridge voters approved the ½ cent temporary sales and use tax increase and authorized the issuance of debt in the amount of $33 million for these four public infrastructure projects. The tax increase will expire on December 31, 2028 or when $38.5 million
is raised, whichever occurs first. City staff anticipates the temporary tax increase will generate $38.5 million and hit the cap by early 2025. The Mayor and City Council held a planning retreat with staff on January 20-21, 2023 to review
past accomplishments and to plan for the future. The retreat focused primarily on a discussion
about a potential ballot measure to extend the City’s temporary ½ cent sales tax; for a number of years beyond 2025 and to issue debt to provide funding for additional, critical capital improvement projects across the City.
City Council and staff participated in a facilitated exercise at the retreat to prioritize which
unfunded capital improvement projects should be considered next for funding. Projects under consideration included:
• Recreation Center Expansion
• Sidewalks and street improvements along 38th Avenue from Youngfield to Kipling
• Sidewalks and street improvements along 38th Avenue from Wadsworth to Harlan
• Wider sidewalks along 44th Avenue from Ward to Kipling
• Improvements on 44th Avenue including new signals and pedestrian crossings between Kipling and Ward
• Sidewalks along Youngfield Street from 38th to 44th Avenue
• Sidewalks and bike lanes on 32nd Avenue from Kipling to Wadsworth
• Sidewalk gap improvements throughout the city with emphasis on areas near transit and schools
• Drainage and floodplain infrastructure improvements throughout the city
Council Action Form– Bond Ordinance August 16, 2024 Page 3
The City sought resident input on a proposed ballot measure through three separate survey instruments. Staff also worked with an engineering firm to develop rough cost estimates for each of the defined projects.
Based on consistent and strong support received from respondents to all three surveys and the cost estimates for the proposed projects, City Council approved an ordinance to submit ballot language for the November 7, 2023 election to extend the City’s current one-half of one cent sales and use tax for 20 years with the authority to bond for the following public infrastructure
projects:
• Sidewalk, bike lane and street improvements on primary street corridors such as 32nd Ave., 38th Ave., 44th Ave, and Youngfield St.
• Filling sidewalk gaps and other sidewalk repair and replacement with an emphasis on major pedestrian corridors and routes to schools
• Drainage and floodplain infrastructure improvements at priority locations in the City The ballot question was approved by close to seventy (70%) of voters.
The bonds will be sold to an underwriter through a negotiated sale process in at least two
tranches. The bonds shall mature, bear interest from their dated date to maturity, and be sold, all as provided in the Sale Certificate, provided that:
• The aggregate principal amount of the Bonds shall not exceed $75,000,000;
• The maximum total repayment cost of the Bonds shall not exceed $125,000,000;
• The maximum annual repayment cost of the Bonds shall not exceed $7,700,000; and
• The Bonds shall mature no later than December 1, 2043.
The sales and use tax revenues from the voter approved 0.5% rate increase on November 7, 2023 and an additional 0.5% of the City’s current sales tax rate, for a total of 1.0%, will be pledged to the debt. The revenues from the voter approved 0.5% tax increase will be accounted for in a special fund and will not be released or available for any purposes except to pay debt service on the 2017 and 2024 bonds and to replenish the reserve fund. RECOMMENDATIONS: Staff recommends approval of the ordinance on first reading. RECOMMENDED MOTION:
“I move to approve Council Bill 18-2024, an ordinance authorizing the issuance by the City of Wheat Ridge, Colorado of its Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, and providing other details in connection therewith on first reading, order it
Council Action Form– Bond Ordinance August 16, 2024 Page 4
published, public hearing set for Monday, September 9, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect immediately.”
Or, “I move to postpone indefinitely Council Bill 18-2024, an ordinance authorizing the issuance by the City of Wheat Ridge, Colorado of its Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, and providing other details in connection therewith for the
following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Allison Scheck, Deputy City Manager
ATTACHMENTS: 1. Council Bill 18-2024 2. Bond Purchase Agreement 3. Registrar and Paying Agent Agreement
4. Continuing Disclosure Agreement 5. Escrow Agreement 6. 2J Project Summary – 1st Tranche
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 18 ORDINANCE NO. _______ Series 2024
TITLE: AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF WHEAT RIDGE, COLORADO OF ITS SALES AND USE TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2024; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a
home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, Section 11.1 of the Charter authorizes the City Council of the City (the “City Council”) to levy and impose taxes for municipal purposes and to provide for their collection, provided that there shall not be an increase of rate of sales tax unless and until such rate increase shall be approved by a majority of the electorate voting at a regular or special municipal election;
and
WHEREAS, Sections 12.4 and 12.5 of the Charter authorize the City to, among other things, issue revenue bonds to construct and acquire capital improvements, payable from the available proceeds of a city sales and use tax which may be imposed pursuant to chapter XI of the Charter; and
WHEREAS, Article X, Section 20 of the State Constitution requires voter approval in advance for the creation of any multiple-fiscal year direct or indirect debt or other financial obligation; and
WHEREAS, prior to January 1, 2017, the City imposed a sales and use tax at the rate of
3.0%; and
WHEREAS, pursuant to an election held within the City on November 8, 2016 (the “2016 Election”), the City was authorized to increase the rate of sales and use tax levied by the City by an additional 0.5% commencing January 1, 2017 (the “0.5% Sales and Use Tax”), and to issue debt in an amount not to exceed $33,000,000, with a maximum repayment cost of not to exceed
$38,500,000, and a maximum annual repayment cost of $3,700,000, with the proceeds to be used
only for certain public investments as provided in the following question approved at the 2016 Election (the “2016 Question”):
ATTACHMENT 1
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SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY UP TO $33,000,000, WITH A REPAYMENT COST OF LESS THAN $38,500,000, AND SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED BY UP TO
$3,700,000 ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNT IS RECEIVED FOR 11 YEARS THEREAFTER, WITHOUT INCREASING PROPERTY TAX, BY INCREASING THE RATE OF SALES AND USE TAX BY 1/2 CENT PER DOLLAR, WITH THE PROCEEDS TO BE USED ONLY FOR THE FOLLOWING PUBLIC INVESTMENTS:
1. ANDERSON PARK IMPROVEMENTS
IMPROVEMENTS TO ANDERSON PARK TO PROVIDE UPGRADED, RENOVATED AMENITIES AND FACILITIES THAT ENHANCE RECREATIONAL OPPORTUNITIES AND MEET THE CURRENT NEEDS OF PARK AND FACILITY USERS AND TO REDUCE MAINTENANCE AND
REPAIR COSTS; RENOVATIONS TO INCLUDE BUT NOT BE LIMITED TO, RENOVATION OF THE ANDERSON BUILDING AND OUTDOOR POOL LOCKER ROOMS AND IMPROVEMENTS TO SURROUNDING PARK AMENITIES - ESTIMATED PROJECT COST $4,000,000;
2. WADSWORTH BOULEVARD RECONSTRUCTION - 35TH AVENUE TO
INTERSTATE-70
RECONSTRUCTION OF WADSWORTH BOULEVARD TO PROVIDE AN IMPROVED MULTI-MODAL TRANSPORTATION FACILITY AND STREETSCAPE IMPROVEMENTS, TO RELIEVE AND MITIGATE SEVERE
TRAFFIC CONGESTION AND FACILITATE REDEVELOPMENT AND
ECONOMIC DEVELOPMENT OPPORTUNITIES - ESTIMATED CITY SHARE OF TOTAL PROJECT COST $7,000,000;
3. WHEAT RIDGE - WARD COMMUTER RAIL STATION AREA
CONSTRUCTION OF STREET, BICYCLE/PEDESTRIAN, PUBLIC
AMENITIES AND OTHER INFRASTRUCTURE IMPROVEMENTS TO
ADDRESS TRAFFIC GROWTH AND FACILITATE REDEVELOPMENT AND ECONOMIC DEVELOPMENT OPPORTUNITIES IN THE AREA SURROUNDING THE GOLD LINE STATION INCLUDING, BUT NOT LIMITED TO, RECONSTRUCTION OF RIDGE ROAD, 52nd AVENUE AND
TABOR STREET, A TRAFFIC SIGNAL AT THE WARD ROAD / RIDGE
ROAD INTERSECTION AND A PEDESTRIAN BRIDGE OVER RAILROAD TRACKS LINKING THE JOB CENTERS TO THE SOUTH - ESTIMATED CITY SHARE OF TOTAL PROJECT COST $12,000,000;
4. CLEAR CREEK CROSSING - MIXED-USE DEVELOPMENT SITE ON THE
WEST SIDE OF 1-70 AT 38th AND YOUNGFIELD
CONSTRUCTION OF ON AND OFF HOOK RAMPS FROM INTERSTATE 1-70 INTO THE CLEAR CREEK CROSSING DEVELOPMENT TO RELIEVE TRAFFIC CONGESTION AND IMPROVE VEHICULAR ACCESS AND TO
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FACILITATE REDEVELOPMENT AND ECONOMIC DEVELOPMENT IN A NEW MIXED-USE, SALES TAX GENERATING REDEVELOPMENT SITE - ESTIMATED CITY SHARE OF TOTAL PROJECT COST $10,000,000;
SUCH INCREASE IN THE SALES AND USE TAX RATE TO BEGIN ON JANUARY 1, 2017 AND END WHEN REVENUES FROM SUCH SALES AND USE TAX RATE INCREASE REACH $38,500,000 OR ON DECEMBER 31, 2028, WHICHEVER OCCURS FIRST; SUCH DEBT TO BE SOLD IN ONE SERIES OR MORE AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT
OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE CITY MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT TO EXCEED 3.00%; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX RATE INCREASE AND PROCEEDS OF SUCH DEBT, AND ANY OTHER
REVENUE USED TO PAY SUCH DEBT, INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREFROM, BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
WHEREAS, the 2016 Question was approved by a majority of the registered electors of
the City voting thereon at the 2016 Election; and
WHEREAS, pursuant to the authority granted at the 2016 Election, the City issued its Sales and Use Tax Revenue Bonds, Series 2017A (the “2017 Bonds”) in the aggregate principal amount of $30,595,000, of which $12,120,000 is currently outstanding; and
WHEREAS, the 2017 Bonds are payable solely from the Pledged Revenue (defined herein)
pursuant to the authority granted in the 2016 Question; and
WHEREAS, the City is now imposing sales and use taxes in the total amount of 3.5%, which includes the 0.5% Sales and Use Tax authorized at the 2016 Election; and
WHEREAS, pursuant to an election held within the City on November 7, 2023 (the “2023
Election”), the City was authorized to increase debt in an amount not to exceed $75,000,000, with
a maximum repayment cost of not to exceed $125,000,000, and to pay such debt by extending the sales and use tax authorized by the voters at the 2016 Election to pay such debt and the 2017 Bonds, with a maximum annual repayment cost of $7,700,000, with the proceeds to be used only for certain public investments as provided in the following question approved at the 2023 Election
(the “2023 Question”):
Ballot Issue No. 2J
SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY UP TO $75 MILLION, WITH A REPAYMENT COST OF NOT MORE THAN $125 MILLION, AND SHALL THE ONE-HALF OF ONE CENT (0.50%) SALES AND USE TAX APPROVED BY THE VOTERS
OF THE CITY IN 2016 BE EXTENDED, WITH THE PROCEEDS OF SUCH TAX, AND
OTHER SALES AND USE TAX REVENUE AS THE CITY MAY DETERMINE, BE USED FOR THE PAYMENT OF THE 2017 BONDS ISSUED UNDER THE AUTHORITY OF THE
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2016 ELECTION AS WELL AS THE DEBT AUTHORIZED BY THIS QUESTION, SUCH DEBT TO BE ISSUED FOR CAPITAL IMPROVEMENT PROJECTS OF THE CITY INCLUDING:
SIDEWALK, BIKE LANE AND STREET IMPROVEMENTS ON PRIMARY STREET CORRIDORS SUCH AS 32ND AVE., 38TH AVE., 44TH AVE, AND YOUNGFIELD ST.; FILLING SIDEWALK GAPS AND OTHER SIDEWALK REPAIR AND
REPLACEMENT WITH AN EMPHASIS ON MAJOR PEDESTRIAN CORRIDORS AND ROUTES TO SCHOOLS; DRAINAGE AND FLOODPLAIN INFRASTRUCTURE IMPROVEMENTS AT PRIORITY LOCATIONS IN THE CITY;
AND, TO THE EXTENT FUNDS ARE AVAILABLE, TO PAY DOWN THE 2017 BONDS, AND SHALL SUCH ONE-HALF OF ONE CENT (0.50%) SALES AND USE TAX EXPIRE UPON THE EARLIER TO OCCUR OF THE PAYMENT IN FULL OF THE BONDS OR DECEMBER 31, 2043; SUCH DEBT TO BE SOLD IN ONE SERIES OR MORE AT A PRICE
ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE CITY MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT TO EXCEED 3.00%; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX AND PROCEEDS OF SUCH DEBT,
AND ANY OTHER REVENUE USED TO PAY SUCH DEBT, INCLUDING ANY INTEREST AND INVESTMENT INCOME THEREFROM, BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
WHEREAS, the 2023 Question was approved by a majority of the registered electors of
the City voting thereon at the 2023 Election; and
WHEREAS, the City has not issued any of the debt authorized at the 2023 Election; and
WHEREAS, the City Council has determined that it is the best interests of the City, and the inhabitants thereof, to (i) refund, pay and discharge certain of the outstanding 2017 Bonds as
hereafter determined by the City (the “Refunding Project”) and (ii) finance a portion of the public
improvements authorized in the 2023 Question (the “Improvement Project”) by the issuance of the City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024 (the “Bonds”); and
WHEREAS, the City Council has determined that the Bonds shall be payable from and
constitute an irrevocable first lien, but not necessarily an exclusive first lien, on the Pledged Sales
and Use Taxes (as hereinafter defined), subject to the terms and provisions hereof; and
WHEREAS, there has been filed with the City Clerk of the City forms of (a) the Preliminary Official Statement for the Bonds (the “Preliminary Official Statement”), (b) the
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Purchase Contract (hereinafter defined), (c) the Paying Agent Agreement (hereinafter defined), (d) the Escrow Agreement (hereinafter defined), and (e) the Continuing Disclosure Certificate (hereinafter defined); and
WHEREAS, it is necessary to provide for the form of the Bonds, the Bond details, the payment of the Bonds, and other provisions relating to the authorization, issuance, and sale of the Bonds; and
WHEREAS, no member of the City Council has any conflict of interest or is interested in any pecuniary manner in the issuance of the Bonds.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
SECTION 1. DEFINITIONS AND CONSTRUCTION.
1.01. DEFINITIONS. The meanings of certain terms are enumerated above in the recitals to this Ordinance. In addition, the following terms have the following respective meanings unless
the context hereof clearly requires otherwise:
Authorized Denominations: denominations of $5,000 or any integral multiple thereof.
Bank: any depository permitted by the laws of the State to receive public funds for deposit.
Beneficial Owner: any Person for which a Participant acquires an interest in the Bonds.
Bond or Bonds: those securities issued hereunder and designated as the “City of Wheat
Ridge, Colorado, Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024.”
Bond Counsel: any law firm of nationally recognized standing in the field of municipal law whose opinions are generally accepted by purchasers of municipal bonds.
Bond Fund: the special fund created in Section 4.02 hereof.
Business Day: any day other than a Saturday, Sunday or other day on which banks in Denver, Colorado or New York, New York are required or authorized to be closed.
Cede: Cede & Co., the nominee of DTC as record owner of the Bonds, or any successor nominee of DTC with respect to the Bonds.
Charter: the City Charter of the City of Wheat Ridge, Colorado.
City: the City of Wheat Ridge, Colorado, and its successors.
City Clerk: the City Clerk of the City.
City Council: the City Council of the City of Wheat Ridge, Colorado.
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City Manager: the duly appointed City Manager of the City or his or her successor in functions.
City Sales and Use Tax Ordinance: collectively, the ordinances of the City, as amended to
the date hereof, imposing an aggregate 3.5% municipal sales and use tax upon sales and services, not specifically exempted, and codified as Chapter 22, Article 1 of the Wheat Ridge City Code.
City Treasurer: the duly appointed City Treasurer of the City or his or her successor in functions.
Commercial Bank: a state or national bank or trust company which: (i) is a member of the Federal Deposit Insurance Corporation and the Federal Reserve System, (ii) has, or which the holding company thereof has, a capital and surplus of $100,000,000 or more (in the case of a bank holding company, figured on a consolidated basis), and (iii) is located within the United States.
Continuing Disclosure Certificate: the certificate executed by officers of the City simultaneously with the delivery of the Bonds which enables the Underwriter to comply with Rule 15c2-12 promulgated by the Securities and Exchange Commission.
C.R.S.: the Colorado Revised Statutes, as amended to the date hereof.
Debt Service Requirements: the principal of, interest on, and any premiums due in
connection with the redemption of, the Bonds or any other designated series of securities hereafter issued, if any, or such part of such Bonds or securities as may be designated, as such principal, interest and premiums become due, whether at maturity or by mandatory sinking fund redemption.
DTC: the Depository Trust Company, New York, New York, and its successors and
assigns, as securities depository for the Bonds.
Escrow Account: a special fund and separate trust account to be established and maintained pursuant to the Escrow Agreement and this Ordinance for the purpose of paying the principal of and interest on the Refunded Bonds.
Escrow Agent: BOKF, N.A., as Escrow Agent for the payment of the Refunded Bonds
pursuant to the Escrow Agreement.
Escrow Agreement: the Escrow Agreement between the Town and the Escrow Agent with respect to the Refunded Bonds.
Event of Default: each of the events stated in Section 9 hereof.
Federal Securities: bills, certificates of indebtedness, notes, bonds or similar securities
which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America, and which are non-callable.
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Fiscal Year: the twelve (12) months commencing on the first day of January of any calendar year and ending on the thirty-first day of December of such calendar year or such other twelve (12) month period as may from time to time be designated by the City Council
as the Fiscal Year of the City.
Fund: as used in this Ordinance, a segregated account of the City.
Improvement Project: means the improvement projects described in the 2023 Ballot Question and approved by the voters at the 2023 Election.
Insurance Policy: the municipal bond insurance policy issued by the Insurer, if any,
insuring the payment when due of the principal of and interest on the Bonds as provided therein, if set forth in the Sale Certificate.
Insurer: the provider of the Insurance Policy, or any successor thereto, if set forth in the Sale Certificate.
Interest Payment Date: a date on which interest is due on any Bonds or Parity Securities.
The Interest Payment Dates for the Bonds shall be June 1 and December 1.
Mayor: the duly elected or appointed Mayor of the City or his or her successor in functions.
Maximum Annual Debt Service Requirements: as to the Bonds or any other designated series of securities Outstanding or proposed to be issued, the maximum amount of Debt Service Requirements (excluding any redemption premiums) coming due with respect to
such Bonds or designated series of securities in any year from the year in which such amount is required to be determined through the final maturity of such Bonds or designated series of securities. For the purposes of this computation, variable rate bonds shall be assumed to bear interest at the highest of: (i) the actual rate of any outstanding variable rate bonds on the date of computation, or if the variable rate bonds are not yet outstanding,
the initial rate (if established and binding), (ii) if the variable rate bonds have been outstanding for at least twelve months, the average rate over the twelve months immediately preceding the date of computation, or if no variable rate bonds are outstanding for such twelve months, the average rate borne by reference to an index comparable to that
to be utilized in determining the interest rate for the variable rate bonds to be issued, or (iii)
(a) if interest on the variable rate bonds is excludable from gross income under the applicable provisions of the Tax Code, the most recently published “Revenue Bond Index” as published in The Bond Buyer (or if such Index is not published within 30 days prior to such determination, such index selected by the City), or (b) if interest is not so excludable,
the interest rate on direct U.S. Treasury Obligations with comparable maturities.
Ordinance: this Ordinance which authorizes the issuance of the Bonds.
Outstanding or outstanding: when used with reference to the Bonds, Parity Securities, or any other designated securities of the City and as of any particular date, all the Bonds, Parity Securities, or any such other designated securities theretofore executed, issued and
delivered, except the following:
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(1) Any Bonds, Parity Securities, or other security cancelled by the City, by the Registrar, or otherwise on the City’s behalf, at or before such date;
(2) Any Bonds, Parity Securities held by or on behalf of the City;
(3) Any Bonds, Parity Securities, or other security of the City for the payment or the redemption of which moneys or Federal Securities sufficient to meet all of the payment requirements of the principal of, the interest on, and any prior redemption premiums due in connection with such Bonds, Parity Securities, or other security to the date of maturity or any redemption date thereof, shall have
theretofore been deposited in escrow or in trust with a Trust Bank for that purpose, as provided in and required by Section 8 hereof or a similar provision of the document authorizing the issuance thereof; and
(4) Any lost, apparently destroyed, or wrongfully taken Bonds, Parity Securities, or other security of the City in lieu of or in substitution for which another bond
or other security shall have been executed and delivered pursuant to the document authorizing the issuance thereof.
Owner or Registered Owner: means any Person who is the registered owner of any Bond as shown on the registration books maintained by the Registrar on behalf of the City.
Parity Bond Ordinance: the 2017 Ordinance and any ordinance hereafter adopted by the
City Council authorizing the issuance of Parity Securities, or such other document or instrument pursuant to which any Parity Securities are issued.
Parity Securities: the 2017 Bonds any bonds, securities, leases or other obligations hereafter issued payable from and secured by all or a portion of the Pledged Revenues and having a lien on the Pledged Revenues which is equal to or on a parity with the Bonds.
Participant: any broker-dealer, bank, trust company, clearing corporation or other financial institution from time to time for which DTC or another securities depository holds the Bonds.
Paying Agent: BOKF, NA or its successor, which shall perform the function of paying
agent as set forth in this Ordinance.
Paying Agent Agreement: the Registrar and Paying Agent Agreement dated as of the date of delivery of the Bonds, between the City and the Registrar and Paying Agent.
Permitted Investments: any investments or deposits permitted by the laws of the State and the Charter for funds of the City.
Person: any natural person, firm, partnership, association, corporation, trust, public body,
or other entity.
Pledged Revenues: collectively, (a) the Pledged Sales and Use Taxes, plus (b) all amounts on deposit in the 0.5% Sales and Use Tax Fund, the Bond Fund and the 2024 Reserve Fund,
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if any, plus (c) any additional revenues legally available to the City which the City Council, in its sole discretion and without further consideration from any Owner, may hereafter pledge to the payment of the Bonds.
Pledged Sales and Use Taxes: all of the receipts collected by the City from Sales and Use Taxes (net of costs of collection, enforcement and administration of such Sales and Use Taxes by the City), but excluding:
(i) any portion of the Supplemental Sales and Use Tax that is required to be remitted or is otherwise pledged or encumbered pursuant to the Prior Sales
and Use Tax Agreements.
(ii) incremental increases in the Supplemental Sales and Use Tax which are required to be paid into a special fund, or pledged to the payment of obligations, pursuant to (i) an urban renewal plan as defined in Section 31-25-103(9), C.R.S., (ii) a plan of development as defined in Section 31-25-
802 (6.4), C.R.S., or (iii) a value capture plan as defined in Section 43-4-508, C.R.S., or, in the case of (i), (ii) or (iii), any similar plan adopted by the City exercising its powers as a home rule city; and
(iii) any amounts determined, pursuant to the Sales and Use Tax Ordinance, and other applicable law, to be subject to valid claims for refunds.
Prior Sales and Use Tax Agreements: collectively, all agreements pursuant to which the City has agreed to remit all or a portion of the Supplemental Sales and Use Tax, or has otherwise pledged or encumbered all or any portion of the Supplemental Sales and Use Tax prior to the date of issuance of the Bonds.
Project: the Improvement Project and the Refunding Project.
Principal Corporate Trust Office: means the principal corporate trust office of the Paying Agent and Registrar.
Purchase Contract: the Bond Purchase Agreement between the City and the Underwriter concerning the purchase of the Bonds.
Rebate Fund: the fund by that name created in Section 4.05 hereof.
Record Date: the fifteenth day of the calendar month immediately preceding each Interest Payment Date (whether or not a Business Day).
Redemption Date: (i) with respect to the Refunded Bonds, the earliest date on which the Refunded Bonds may be called for redemption as specified in the Sale Certificate; and (ii)
with respect to the Bonds, the date fixed for the redemption prior to their maturity of any
Bonds or other designated securities payable from the Pledged Revenues in any notice of prior redemption authorized by the City, or otherwise fixed and designated by the City.
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Redemption Price: when used with respect to a Bond or other designated security payable from the Pledged Revenues, the principal amount thereof, plus the applicable premium, if any, payable upon the redemption thereof prior to the stated maturity date of such Bond or
other security, plus accrued interest to and on a redemption date in the manner contemplated in accordance with the terms of the Bond or other security.
Refunded Bonds: means any of the 2017 Bonds the City has determined to call for prior redemption as set forth in the Sale Certificate.
Refunded Bond Requirements: the payment of (i) the interest due on the Refunded Bonds
on and before the Redemption Date and upon maturity or prior redemption; and (ii) the principal of the Refunded Bonds due on or before the Redemption Date and upon maturity or prior redemption.
Refunding Project: means (a) the payment of the Refunded Bond Requirements and (b) the payment of the costs of issuing the Bonds.
Registrar: BOKF, NA, named in the Paying Agent Agreement as the paying agent, transfer agent and registrar of the Bonds, or any successor thereto.
Reserve Fund Insurance Policy: any bond insurance policy, surety bond, letter or line of credit or similar instrument which is utilized in lieu of cash or Permitted Investments in the 2024 Reserve Fund.
Reserve Fund Requirement: is the amount set forth in the Sale Certificate, which may be zero.
Sale Certificate: the certificate executed by the City Manager or the City Treasurer dated on or before the date of delivery of the Bonds, setting forth those determinations that may be delegated to such officials pursuant to Section 11-57-205(1), C.R.S., subject to the
parameters and restrictions contained in this Ordinance.
Sales and Use Taxes: the portion of municipal sales and use tax of the City imposed at the rate of 1.00% pursuant to the City Sales and Use Tax Ordinance, and codified in Chapter 22, Article 1 of the Wheat Ridge City Code (which consists of the 0.5% Sales and Use Tax
and the Supplemental Sales and Use Tax).
Security or securities: when used with reference to securities of the City, any bonds, notes, certificates, warrants, leases, contracts or other financial obligations or securities issued or executed by the City and payable in whole or in part from a lien on the Pledged Revenues.
Special Record Date: a special date fixed by the Registrar for the payment of defaulted
interest to be preceded by not more than fifteen and not less than ten days’ notice.
State: the State of Colorado.
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Subordinate Bonds or Subordinate Securities: bonds or securities payable in whole or in part from the Pledged Revenues having a lien thereon subordinate or junior to the lien thereon of the Bonds.
Supplemental Act: the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S.
Supplemental Sales and Use Tax: the portion of the municipal sales and use tax of the City imposed at the rate of 0.5% that is pledged to the payment of the Bonds, which is in addition to the 0.5% Sales and Use Tax approved at the 2016 Election that is also pledged to the
payment of the Bonds.
Surety Provider: the entity issuing a Reserve Fund Insurance Policy to secure the Bonds, if any.
Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and the regulations promulgated thereunder.
Term Bonds: Bonds that are payable on or before their specified maturity dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates.
Trust Bank: a Commercial Bank which is authorized to exercise and is exercising trust powers.
Underwriter: Piper Sandler & Co.
0.5% Sales and Use Tax: the portion of the municipal sales and use tax of the City imposed at the rate of 0.5% beginning January 1, 2017, that was approved by the voters of the City at the 2016 Election.
0.5% Sales and Use Tax Fund: the City’s “0.5% Sales and Use Tax Fund (Fund 31)”
previously created by the City and referred to in Section 4.01 hereof.
2016 Election: the election held within the City on November 8, 2016.
2017 Bonds: the City of Wheat Ridge Sales and Use Tax Revenue Bonds, Series 2017A, issued pursuant to the 2016 Election and the 2017 Ordinance, which 2017 Bonds are on
parity with the Bonds.
2017 Ordinance: Ordinance No. 1615, Series of 2017, duly adopted by the City Council on March 13, 2017, authorizing the issuance of the 2017 Bonds.
2023 Election: the election held within the City on November 5, 2023.
2024 Reserve Fund: the “City of Wheat Ridge, Colorado, Sales and Use Tax Revenue
Refunding and Improvement Bonds, Series 2024, Reserve Fund” created in Section 4.03
hereof for the purpose of further securing the payment of the principal of and interest on
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the Bonds. The 2024 Reserve Fund, if any, shall secure only the payment of the Bonds and shall not secure the payment of any Parity Securities. If it is determined in the Sale Certificate that the Reserve Fund Requirement shall be zero, all references herein to the
2024 Reserve Fund shall be of no force and effect.
1.02. CONSTRUCTION. This Ordinance, except where the context by clear implication herein otherwise requires, shall be construed as follows:
(1) Words in the singular number include the plural, and words in the plural include the singular.
(2) Words in the masculine gender include the feminine and the neuter, words in the feminine gender include the masculine and the neuter, and when the sense so indicates, words of the neuter gender refer to any gender.
(3) Articles, sections, subsections, paragraphs and subparagraphs mentioned by number, letter, or otherwise, correspond to the respective articles, sections,
subsections, paragraphs and subparagraphs of this Ordinance so numbered or otherwise so designated.
(4) The titles and headlines applied to articles, sections and subsections of this Ordinance are inserted only as a matter of convenience and ease in reference and in no way define, or limit the scope or intent of, any provisions of this Ordinance.
SECTION 2. SALE OF BONDS.
2.01. NEGOTIATED SALE. The City hereby determines that it is to the best advantage of the City to sell the Bonds to the Underwriter through a negotiated sale process. The City Manager and other employees and officers of the City are hereby authorized and directed to take all action necessary for the issuance of the Bonds and the delivery of the Bonds to the
Underwriter in accordance with the terms and provisions of the Purchase Contract.
2.02. OFFICIAL STATEMENT. The Official Statement, in substantially the form of the Preliminary Official Statement, is in all respects approved, authorized and confirmed, but with such amendments, additions and deletions as are in accordance with the facts and not
inconsistent herewith. The City Manager and all other City employees and representatives
charged with responsibility for the sale of the Bonds are hereby authorized and directed to prepare a final Official Statement, substantially in the form of the Preliminary Official Statement but including the offering price(s) of the Bonds, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, delivery date,
ratings, and any other terms or provisions depending on such matters. The Mayor is hereby
authorized and directed to affix her signature to the Official Statement for and on behalf of the City. The distribution by the Underwriter of the Preliminary Official Statement and the Official Statement to interested persons in connection with the sale of the Bonds is hereby ratified, approved and confirmed. The execution of a final Official Statement by
the Mayor shall be conclusively deemed to evidence the approval of the form and contents
thereof by the City.
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2.03. CONTINUING DISCLOSURE. The City hereby covenants that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Ordinance, failure of the City to comply with the Continuing
Disclosure Certificate shall not be considered an Event of Default; provided that the Registered Owners of the Bonds may take such actions as may be necessary or appropriate to cause the City to comply with its obligations under this Section.
SECTION 3. THE BONDS.
3.01. AUTHORIZATION. In accordance with the Constitution of the State, the Charter, the 2023
Election, and all other laws of the State thereunto enabling, and pursuant to the provisions of this Ordinance and the Sale Certificate, the City hereby authorizes the issuance of its “Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024,” in an aggregate principal amount not to exceed $79,500,000, to be payable and collectible, as to principal, prior redemption premium, if any, and interest, from Pledged Revenues as further
set forth herein.
The Bonds shall be issued and sold for the purposes of paying the costs of the Project, paying the costs of issuance of the Bonds and, to the extent set forth in the Sale Certificate, funding the 2024 Reserve Fund. All Bond proceeds shall be deposited to such funds or accounts as set forth in the Sale Certificate.
Section 11-57-204 of the Supplemental Act provides that a public entity, including the City, may elect in an act of issuance to apply any or all of the provisions of the Supplemental Act to the Bonds. The City Council hereby elects to apply all of the provisions of the Supplemental Act to the Bonds. The Bonds are issued under the authority of the Supplemental Act and shall so recite as provided in Section 3.02(9) hereof. Pursuant
to Section 11-57-210 of the Supplemental Act, such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value.
Pursuant to Section 11-57-205 of the Supplemental Act, the City Council hereby delegates to each of the City Manager or the City Treasurer the independent authority to sign a
contract for the purchase of the Bonds (including the Purchase Contract) or to accept a
binding bid for the Bonds and to execute any agreement or agreements in connection therewith, and the City Council hereby further delegates to each of the City Manager or the City Treasurer the authority to independently make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act, in relation to the Bonds, and to
execute the Sale Certificate setting forth such determinations, subject to the parameters and
restrictions contained in Section 3.02(2) of this Ordinance.
Pursuant to Section 11-57-205 of the Supplemental Act, (a) each of the City Manager or the City Treasurer are hereby independently authorized to determine if obtaining municipal bond insurance for all or a portion of the Bonds is in the best interests of the City, and if
so, to select an Insurer to issue an Insurance Policy, execute a commitment relating to the
same and execute any related documents or agreements required by such commitment, and (b) each of the City Manager or the City Treasurer are hereby independently authorized to determine if obtaining a Reserve Fund Insurance Policy for all or a portion of the Reserve
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Fund Requirement is in the best interests of the City, and if so, to select a Surety Provider to issue a Reserve Fund Insurance Policy and execute any related documents or agreements required by such commitment. If it is determined that the Bonds will be sold without
municipal bond insurance, all references herein to the Insurer and the Insurance Policy shall be of no force and effect.
The delegation set forth in this Section 3.01 shall be effective for one year after adoption of this Ordinance.
3.02. BOND DETAILS.
(1) Generally. The Bonds shall be issued in fully registered form (i.e., registered as to payment of both principal and interest), initially registered in the name of Cede, as nominee for DTC. The Bonds shall be issued in Authorized Denominations (provided that no Bond may be in a denomination which exceeds the principal coming due on its maturity date and no individual Bond will be issued for more than one maturity bearing the same interest
rate). The Bonds shall be numbered in such manner as the Registrar shall determine.
The Bonds shall be dated as of their date of delivery and shall bear interest from their date until maturity, payable semiannually on each June 1 and December 1, commencing on the date provided in the Sale Certificate, except that any Bond which is reissued upon transfer, exchange or other replacement shall bear interest from the most recent Interest Payment
Date to which interest has been paid or duly provided for, or if no interest has been paid, from the date of the Bonds.
The Bonds shall bear interest at the rates designated in the Sale Certificate based on a 360-day year consisting of twelve 30-day months, and shall mature on the dates and in the amounts set forth in the Sale Certificate subject to the parameters and limitations in
subsection (2) below.
If upon presentation at maturity or prior redemption, payment of any Bond is not made as herein provided, interest shall continue thereon at the interest rate therein designated until the principal thereof is paid in full.
The principal of, interest on and premium, if any, due in connection with the Bonds shall
be payable in lawful money of the United States of America, without deduction for exchange or collection charges. The principal and premium are payable upon surrender and presentation of the Bond at the Principal Corporate Trust Office, or such other office of the Registrar as it shall designate by written notice to the City.
The payment of interest on each Bond shall be made to the Registered Owner of such Bond
and shall be paid by the Registrar on behalf of the City by check or wire of the Registrar sent to such Registered Owner on each Interest Payment Date (unless such date is not a Business Day, whereupon such payment shall occur on the next succeeding Business Day) at his or her address as it appears on the registration records of the Registrar maintained for
such purpose. Interest on each Bond shall be payable to the Registered Owner thereof as
shown on the registration records as of the Record Date, regardless of any transfer or exchange of a Bond subsequent to such Record Date and prior to such Interest Payment
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Date. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the Registered Owner on such Record Date, and may be paid to the Registered Owner at his or her address as it appears on the registration records of the
Registrar at the close of business on a Special Record Date. The Registrar may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the Owner of such Bond and the Registrar; provided, however, that the City shall not be required to make funds available to the Registrar prior to the dates set forth in the Paying Agent Agreement. All such payments shall be made in lawful money of the United
States of America without deduction for the services of the Paying Agent or Registrar.
The City and the Registrar may deem and treat the Registered Owner (whether or not the Bond shall be overdue) on the Record Date or Special Record Date as the absolute owner of the Bond for the purpose of receiving payment of or on account of the principal thereof, any redemption premium and interest due thereon, and on any other date for all other
purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary.
The Registrar shall evidence acceptance of the duties and obligations provided in this Ordinance by execution of the Paying Agent Agreement. The Bonds shall be subject to registration, transfer and exchange in the manner, and subject to the terms and conditions,
set forth herein and in the Paying Agent Agreement.
(2) Delegation Parameters. The Bonds shall mature, bear interest from their dated date to maturity, and be sold, all as provided in the Sale Certificate, provided that:
(a) The aggregate principal amount of the Bonds allocable to the Improvement Project shall not exceed $75,000,000;
(b) The aggregate principal amount of the Bonds allocable to the Refunding Project shall not exceed $4,500,000;
(c) the maximum annual and maximum total repayment cost of the Bonds allocable to the Improvement Project shall not exceed $7,700,000 and $125,000,000
respectively;
(d) the maximum annual and maximum total repayment cost of the Bonds allocable to the Refunding Project shall not exceed $2,100,000 and $6,000,000 respectively;
(e) the Bonds shall mature no later than December 1, 2043;
(f) the purchase price of the Bonds shall not be less than 95%;
(g) the Bonds are subject to optional redemption prior to maturity, the redemption premium, if any, shall not exceed 3.00%; and
(h) the net effective interest rate on the Bonds shall not exceed 4.75%.
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(3) Redemption of the Bonds. The Bonds shall be subject to optional redemption or mandatory sinking fund prior to their respective maturity dates as set forth in the Sale Certificate.
In the case of Bonds of a denomination larger than $5,000, a portion of such Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the Owner of such Bond, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof.
The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the
times, in the amounts and at the prices provided in the Sale Certificate.
On or before the thirtieth day prior to each sinking fund payment date, the Registrar shall proceed to call the Term Bonds (or any Term Bond or Term Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 1, and give notice of such call without other instruction or notice from the City.
At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund redemption date, the City may (a) deliver to the Registrar for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the same maturity subject to mandatory sinking fund redemption
on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the City on such sinking fund redemption date and the principal amount
of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The City will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding sentence are to be
availed with respect to such sinking fund payment. Failure of the City to deliver such
certificate shall not affect the Registrar’s duty to give notice of sinking fund redemption as provided in this subsection (3).
(4) Notice and Effect of Redemption. Notice of the prior redemption of any Bonds shall be given by the Registrar in the name of the City by mailing a copy of the redemption
notice by certified or first-class postage prepaid mail, not more than 60 nor less than 30
days prior to the Redemption Date to the Owners of the Bonds to be redeemed at their addresses as shown on the registration records kept by the Registrar, or in the event that the Bonds to be redeemed are registered in the name of DTC, such notice may, in the alternative, be given by electronic means in accordance with the requirements of DTC.
Failure to give such notice as aforesaid or any defect therein shall not affect the validity of
the proceedings for the redemption of any other Bonds.
Such notice shall specify the Bonds to be redeemed, the number or numbers of the Bonds to be so redeemed (if less than all are to be redeemed), the Redemption Price to be paid
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and the Redemption Date. Such notice shall further specify any condition to such redemption and shall state that, upon the satisfaction of any such condition, on the Redemption Date there will become and will be due and payable upon each Bond or portion
thereof (in integral multiples of Authorized Denominations) so to be redeemed at the Principal Corporate Trust Office of the Paying Agent, the applicable Redemption Price and accrued interest to the Redemption Date, and that from and after such date, interest on the Bonds (or portions thereof) called for redemption will cease to accrue. Notice having been given in the manner hereinabove provided and upon satisfaction of any condition to such
redemption, the Bond or Bonds so called for redemption shall become due and payable on the Redemption Date so designated and, upon presentation thereof at the Principal Corporate Trust Office of the Paying Agent, the City will pay the Bond or Bonds so called for redemption. No further interest shall accrue on the principal of any such Bond (or portion thereof) called for redemption from and after the Redemption Date, provided
sufficient funds are on deposit at the place of payment on the Redemption Date. Upon surrender of any Bond redeemed in part only, the Registrar shall execute and deliver to the Owner thereof, at no expense to such Owner, a new Bond or Bonds of the same maturity and interest rate and of Authorized Denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered.
Any notice of redemption may contain a statement that the redemption is conditioned upon the receipt by the Paying Agent of funds on or before the Redemption Date sufficient to pay the principal of, interest on and any redemption premium due on the Bonds so called for redemption, and that if such funds are not available, such redemption shall be cancelled by written notice to the Owners of the Bonds called for redemption in the same manner as
the original redemption notice was given.
(5) Execution and Delivery. The Bonds shall be executed by and on behalf of the City with the manual or facsimile signature of the Mayor of the City, shall bear an impression or a facsimile of the seal of the City, shall be attested by the manual or facsimile signature
of the City Clerk and shall be authenticated by the manual signature of the Registrar.
Should any officer whose signature or facsimile signature appears on the Bonds cease to be such officer before delivery of the Bonds to the Underwriter or to any Owner, such signature or facsimile signature shall nevertheless be valid and sufficient for all purposes.
The Mayor and the City Clerk are hereby authorized and directed to prepare and to execute
the Bonds as herein provided. When the Bonds have been duly executed and sold, the
officers of the City are authorized to, and shall, deliver the Bonds to the Underwriter thereof on receipt of the agreed purchase price.
(6) Special Obligation Recitals in Bonds. Each Bond shall recite in substance that the Bond is payable solely from the Pledged Revenues, that the Bond does not constitute a
general obligation debt of the City within the meaning of the Colorado Constitution or the
Charter of the City, that the Bond is not payable in whole or in part from the proceeds of general property taxes and that the full faith and credit of the City is not pledged to pay the principal of or interest on such Bond.
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(7) Uniform Commercial Code. The Owners of the Bonds shall possess all rights enjoyed by holders of investment securities under the provisions of the Uniform Commercial Code – Investment Securities.
(8) Authentication. No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Ordinance unless and until a certificate of authentication of such Bond, substantially in the form set forth in the form of Bond herein, shall have been duly manually executed by the Registrar. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered
under this Ordinance.
(9) Form of Bond. Subject to the provisions of this Ordinance, each Bond shall be in substantially the form set forth in Exhibit A, with such omissions, insertions, endorsements and variations as to recitals of fact or other provisions as may be required by the circumstances and as may be required or permitted by this Ordinance or the Sale
Certificate, and as may be necessary or appropriate to carry out the purpose of this Ordinance and to conform to the rules and requirements of any governmental authority or to any custom, usage or requirement of law with respect thereto.
3.03. BONDS AND PARITY SECURITIES RATABLY SECURED. The covenants and agreements herein set forth to be performed on behalf of the City shall be for the ratable benefit, protection
and security of the Owners of any and all of the Bonds and Parity Securities, all of which Bonds and Parity Securities regardless of the time or times of their maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds or Parity Securities over any other thereof, except as otherwise expressly provided in or pursuant to this Ordinance or the Parity Bond Ordinances pursuant to which the Parity Securities were
issued.
3.04. PLEDGE; SPECIAL OBLIGATIONS. The City hereby irrevocably pledges the Pledged Revenues to the payment of the Debt Service Requirements on the Bonds. All of the Bonds, as to all Debt Service Requirements thereof, shall be payable solely out of the
Pledged Revenues. The Bonds shall be payable out of and shall constitute an irrevocable
first lien, but not necessarily an exclusive such lien, on the Pledged Sales and Use Taxes on a parity with the Parity Securities, if any, hereafter issued, and on moneys on deposit or credited to the 0.5% Sales and Use Tax Fund, the Bond Fund and the 2024 Reserve Fund as set forth herein.
The Registered Owner or Owners of any of the Bonds may not look to any general or other
fund of the City for the payment of the Debt Service Requirements, except the herein designated special funds pledged therefor. The Bonds shall not constitute a general obligation or a debt of the City within the meaning of any constitutional or statutory provision or limitation of the State or the Charter. The Bonds and interest thereon shall not
be considered or held to be general obligations of the City but shall constitute the special
and limited obligations of the City. The Bonds are not payable in whole or in part from the proceeds of general property taxes, and the full faith and credit of the City is not pledged for payment of the Bonds.
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The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by § 11-57-208 of the Supplemental Act and this Ordinance. The revenues pledged for the payment of the Bonds, as received
by or otherwise credited to the City, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the City. The lien of such pledge shall be valid, binding, and enforceable as against all persons or
entities having claims of any kind in tort, contract, or otherwise against the City irrespective of whether such persons or entities have notice of such liens.
3.05. REGISTRATION, TRANSFER AND EXCHANGE OF BONDS. The City will cause to be kept at the Principal Corporate Trust Office registration records in which, subject to such reasonable regulations as the Registrar may prescribe, the City shall provide for the
registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Each of the Bonds may be transferred or exchanged by the Owner thereof upon surrender for transfer or exchange of such Bond at the Principal Corporate Trust Office, or any successor transfer agent, duly endorsed or accompanied by a written instrument of transfer
or authorization for exchange in form satisfactory to the Registrar and executed by the Owner thereof or his or her attorney duly authorized in writing. Thereupon, the Registrar shall authenticate and deliver, in exchange for such transferred or exchanged Bond, a new fully registered Bond in the name of the transferee, or, if exchanged, the Owner and issued in a principal amount equal to the principal amount of the transferred or exchanged Bond,
of the same maturity, and bearing interest at the same rate. The City or the Registrar may require that the cost, if any, of preparing each new Bond upon such exchange or transfer and any other expenses of the City or the Registrar, including counsel fees, and any tax or other governmental charge, incurred in connection therewith (except in the case of an
exchange resulting from the redemption of the Bond exchanged) shall be paid by the Owner
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. If any requested transfer or exchange of a Bond shall necessitate the printing of additional Bonds, the Registrar may require that the cost of such printing be paid by the City. The City and the Registrar shall not be obligated
to issue, exchange, authenticate or transfer any Bonds (a) during a period beginning on the
Record Date before any Interest Payment Date or Redemption Date and ending on such Interest Payment Date or Redemption Date, or (b) during a period beginning on the fifteenth day before the mailing of notice of redemption of Bonds and ending on the date of such mailing.
3.06. ISSUANCE IN BOOK-ENTRY FORM. The Bonds shall be initially issued in the form of a
single, certificated, fully registered Bond for each maturity bearing interest at the same interest rate. Upon initial issuance, the ownership of each such Bond shall be registered in the registration records kept by the Registrar in the name of Cede.
With respect to Bonds registered in the name of Cede or held by a securities depository,
the City, the Registrar, and the Paying Agent shall have no responsibility or obligation to
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any Participant or Beneficial Owner including, without limitation, any responsibility or obligation with respect to: (i) the accuracy of the records of the depository or any Participant concerning any ownership interest in the Bonds; (ii) the delivery to any
Participant, Beneficial Owner, or Person other than the Registered Owner, of any notice concerning the Bonds, including notice of redemption; (iii) the payment to any Participant, Beneficial Owner, or Person other than the Registered Owner, of the principal of, premium if any, and interest on the Bonds. The City, the Registrar, and the Paying Agent may treat the Registered Owner of a Bond as the absolute owner of such Bond for the purpose of
payment of the principal of, premium if any, and interest with respect to such Bond, for purposes of giving notices of redemption and other matters with respect to such Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of, premium if any, and interest on the Bonds only to or upon the order of the Registered Owners, or their respective attorneys duly authorized in writing, and all such payments shall be valid and
effective to fully satisfy and discharge the City’s obligations with respect to the payment of the same. No Person, other than a Registered Owner, shall receive a certificated Bond evidencing the obligations of the City pursuant to this Ordinance.
DTC may determine to discontinue providing its service as depository with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with
respect thereto under applicable law. Additionally, the City Manager may terminate the services of DTC if he determines, in his sole and absolute discretion, that DTC is unable to discharge its responsibilities with respect to the Bonds or that continuation of the system of book entry transfers through DTC is not in the best interests of the Beneficial Owners or the City. Such termination shall be effected by written notice of the same from the City
to DTC and to the Registrar and Paying Agent. Upon the termination of the services of DTC, a substitute depository which is willing and able to undertake the system of book-entry transfers upon reasonable and customary terms may be engaged by the City or, if the City Manager determines in his sole and absolute discretion that it is in the best interests
of the Beneficial Owners or the City that the Beneficial Owners be able to obtain
certificated Bonds, the Bonds shall no longer be restricted to being registered in the name of Cede or other nominee of a depository but shall be registered in whatever name or names the Beneficial Owners shall designate at that time, and fully registered Bond certificates shall be delivered to the Beneficial Owners.
SECTION 4. SPECIAL FUNDS.
4.01. DISPOSITION OF PLEDGED REVENUES; 0.5% SALES AND USE TAX FUND. The Pledged Revenues shall be deposited by the City in the Funds described in this Section 4, to be accounted for in the manner and priority set forth in this Section 4.
The City has created a special fund designated as the 0.5% Sales and Use Tax Fund (Fund
31) (the “0.5% Sales and Use Tax Fund”). All revenues received from the 0.5% Sales and
Use Tax shall be credited or deposited to the 0.5% Sales and Use Tax Fund, when and as received by the City. All revenues on deposit in the 0.5% Sales and Use Tax Fund shall be applied by the City solely in accordance with the authorization received by the City at the 2016 Election, the 2016 Question and the 2023 Question. Moneys on deposit in the
0.5% Sales and Use Tax Fund shall be applied as set forth in this Section 4.
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Revenues received from the Supplemental Sales and Use Tax shall be accounted for separately from the 0.5% Sales and Use Tax and shall be applied as set forth in this Section 4.
Neither the Underwriter nor any subsequent Owner of any Bonds shall in any manner be responsible for the application or disposal by the City or by any of its officers, agents or employees of the moneys derived from the sale of the Bonds or of any other moneys designated in this Section 4
4.02. BOND FUND. The City hereby creates a special fund designated as the City of Wheat Ridge,
Colorado, Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, Bond Fund (the “Bond Fund”).
There shall be credited or deposited to the Bond Fund, contemporaneously with amounts due and owing on any Parity Securities, first from moneys on deposit in the 0.5% Sales and Use Tax Fund, the following amounts:
(1) Interest Payments. Commencing with the month immediately succeeding the delivery of the Bonds, an amount in equal monthly installments necessary, together with any other moneys from time to time available therefor from whatever source, to pay the next installment of interest due on the Bonds then Outstanding, and the next installment of interest due on any Parity Securities that are payable from the Bond Fund.
(2) Principal Payments. Commencing with the month immediately succeeding the delivery of the Bonds, or commencing one year next prior to the first principal payment date of the Bonds, whichever commencement date is later, an amount in equal monthly installments necessary, together with any other moneys from time to time available therefor from whatever source, to pay the next installment of principal (whether at
maturity or on a mandatory Redemption Date) due on the Bonds then Outstanding and the next installment of principal (whether at maturity or on a mandatory Redemption Date) due on any Parity Securities that are payable from the Bond Fund.
To the extent that there are not sufficient revenues on deposit in the 0.5% Sales and Use
Tax Fund to make such credits or deposits to the Bond Fund or a similar account established
for the Parity Securities in any month as set forth above, revenues received by the City from the Supplemental Sales and Use Tax shall be used to make such credit or deposit in accordance with Section 4.06 hereof.
The moneys credited to the Bond Fund shall be used solely to promptly pay when due the
Debt Service Requirements of the Bonds, and the Parity Securities then Outstanding which
are secured by moneys on deposit in the Bond Fund, except as otherwise provided in this Ordinance. Parity Securities may be secured by amounts on deposit in the Bond Fund or may be secured by a separate bond fund, all as provided in the Parity Bond Ordinance authorizing the issuance of such Parity Securities. The 2017 Bonds are secured by funds
held in the City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Bonds, Series
2017A, Bond Fund (the “2017A Bond Fund”). In the event that the Parity Securities are secured by a separate bond fund, all payments to the Bond Fund and the bond fund securing
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such Parity Securities shall be made concurrently and on a pari passu basis as further set forth in Section 4.06 hereof.
The City shall be entitled to credits against such payments for any sums on hand in the
Bond Fund which are available for the payment of Debt Service Requirements. Nothing herein prevents the accumulation of amounts required to be paid into the Bond Fund at a faster rate than that required in this Section, in which case no further payments need be made as long as and to the extent that the amounts so accumulated are on deposit in the Bond Fund and available for the payment of Debt Service Requirements on the Bonds.
4.03. 2024 RESERVE FUND. The City hereby creates a special fund designated as the “City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, Reserve Fund” (the “2024 Reserve Fund”). The 2024 Reserve Fund shall secure only the payment of the Debt Service Requirements on the Bonds. Any Reserve Fund Requirement for the 2024 Reserve Fund shall be set forth in the Sale Certificate.
Such Reserve Fund Requirement may be zero. In the event that it is determined in the Sale Certificate that the Reserve Fund Requirement shall be zero, all references herein to the 2024 Reserve Fund shall be of no force and effect.
If at any time the City shall for any reason fail to pay into the Bond Fund the full amount required by Section 4.02 hereof, then the City shall pay into the Bond Fund at such time
from the 2024 Reserve Fund an amount equal to the difference between that paid from the Pledged Revenues and the full amount so required. For the purpose of maintaining the 2024 Reserve Fund at the minimum amount required to be maintained therein, the money so used shall be replaced and transferred to the 2024 Reserve Fund first from moneys on deposit in the 0.5% Sales and Use Tax Fund thereafter received and not required to be
otherwise applied by Section 4.02 hereof (concurrently and on a pari passu basis with any other reserve funds or accounts securing Parity Securities that are payable from the 0.5% Sales and Use Tax), and then from available Supplemental Sales and Use Tax as provided in Section 4.06 hereof (concurrently and on a pari passu basis with any other reserve funds
or accounts securing Parity Securities that are payable from the Supplemental Sales and
Use Tax).
Except as otherwise provided herein, the 2024 Reserve Fund shall be accumulated and maintained as a continuing reserve to be used only to prevent deficiencies in the payment of the Debt Service Requirements on the Bonds. All or a portion of the moneys on deposit
in the 2024 Reserve Fund may also be applied to the optional redemption or defeasance of
all or a portion of the Bonds in accordance with Section 8 hereof and may be applied to the payment of the final Debt Service Requirements due on the Bonds, whether at maturity or prior redemption.
The 2024 Reserve Fund shall not secure the payment of additional Parity Securities,
although such Parity Securities may be secured by a separate reserve account or reserve
fund, as set forth in the documents authorizing such Parity Securities.
The Reserve Fund Requirement shall be funded and maintained by any one of or any combination of: (i) cash; (ii) Permitted Investments; and (iii) a Reserve Fund Insurance
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Policy which provides for payments when and as required for purposes of the 2024 Reserve Fund.
In lieu of all or a portion of the moneys required to be deposited in the 2024 Reserve Fund
by this Ordinance and the Sale Certificate, the City may at any time or from time to time deposit a Reserve Fund Insurance Policy in the 2024 Reserve Fund in full or partial satisfaction of the Reserve Fund Requirement. Any such Reserve Fund Insurance Policy shall be payable on any date on which moneys will be required to be withdrawn from the 2024 Reserve Fund as provided herein. Upon deposit of any Reserve Fund Insurance
Policy in the 2024 Reserve Fund, the City may transfer moneys equal to the amount payable under such Reserve Fund Insurance Policy from the 2024 Reserve Fund and apply such moneys to any lawful purpose.
All cash and investments in the 2024 Reserve Fund shall be transferred to the Bond Fund for payment of principal and interest on the Bonds before any drawing may be made on
any Reserve Fund Insurance Policy credited to the 2024 Reserve Fund in lieu of cash. Payment of any policy costs shall be made prior to replenishment of any such cash amounts. Draws on all Reserve Fund Insurance Policies on which there is available coverage shall be made on a pro-rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the 2024 Reserve Fund.
Payment of policy costs shall be made on a pro-rata basis prior to replenishment of any cash drawn from the 2024 Reserve Fund.
Any moneys at any time in excess of the minimum amount required to be maintained in the 2024 Reserve Fund may be withdrawn therefrom, and transferred from time to time to the Bond Fund and distributed in the same manner as other moneys in the Bond Fund.
4.04. TERMINATION OF DEPOSITS; USE OF MONEYS IN BOND FUND AND 2024 RESERVE FUND. No payment need be made into the Bond Fund or the 2024 Reserve Fund if the amount in the 0.5% Sales and Use Tax Fund, together with amounts on deposit in the Bond Fund and the 2024 Reserve Fund totals a sum at least equal to all Debt Service Requirements of the
Outstanding Bonds and any Outstanding Parity Securities which are payable from the Bond
Fund to their respective maturities or to any redemption date or redemption dates as of which the City shall have exercised or shall have obligated itself to exercise its option to redeem, prior to their respective maturities, any Bonds and any such Parity Securities then Outstanding and thereafter maturing, both accrued and not accrued (provided that, solely
for the purpose of this Section, there shall be deemed to be a credit to the 2024 Reserve
Fund of moneys, Federal Securities and bank deposits, or any combinations thereof, accounted for in any other account or accounts of the City and restricted solely for the purpose of paying the Debt Service Requirements on the Bonds). In such case, moneys in the 0.5 % Sales and Use Tax Fund, the Bond Fund and the 2024 Reserve Fund (except for
any known interest or other gain to accrue from any investment or deposit of moneys
pursuant to Section 5.02 hereof from the time of any such investment or deposit to the time or respective times the proceeds of any such investment or deposit shall be needed for such payment, at least equal to such Debt Service Requirements on the Bonds) shall be used together with any such gain from such investments and deposits solely to pay such Debt
Service Requirements as the same become due. Any moneys in excess thereof in the Bond
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Fund and the 2024 Reserve Fund and any other moneys derived from the Pledged Revenues may be used in any lawful manner determined by the City.
4.05. REBATE FUND. After the payments required by Sections 4.02 and 4.03 have been made,
there shall be deposited into a special and separate fund hereby created and to be known as the “City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, Rebate Fund” (the “Rebate Fund”) moneys in the amounts and at the times specified in the Tax Certificate so as to enable the City to comply with Section 7.14 hereof. Such moneys shall be deposited in the Rebate Fund concurrently
and on a pari passu basis with any other rebate funds or accounts relating to Parity Securities. Amounts on deposit in the Rebate Fund shall not be subject to the lien and pledge of this Ordinance to the extent that such amounts are required to be paid to the United States Treasury. The City shall cause amounts on deposit in the Rebate Fund to be forwarded to the United States Treasury (at the address provided in the Tax Certificate) at
the times and in the amounts set forth therein.
Upon receipt by the City of an opinion of Bond Counsel to the effect that the amount in the Rebate Fund is in excess of the amount required to be contained therein, such excess moneys may be used by the City for any lawful purpose.
4.06. INSUFFICIENCY OF 0.5% SALES AND USE TAX REVENUES; APPLICATION OF SUPPLEMENTAL
SALES AND USE TAX REVENUES. To the extent that there are not sufficient revenues on deposit in the 0.5% Sales and Use Tax Fund in any month to make any of the payments or deposits required to be made as set forth in this Section 4, the City shall make such payments or deposits, in the order of priority set forth above, from revenues received by the City from the Supplemental Sales and Use Tax.
4.06. PAYMENT OF ADDITIONAL PARITY SECURITIES. Concurrently with the payments required by Sections 4.02, 4.03 and 4.05, Pledged Revenues received by the City shall be used by the City for the payment of principal of and interest on Parity Securities payable from a lien on the Pledged Revenues and authorized to be issued in accordance with this
Ordinance and any other provisions herein supplemental thereto, including reasonable
reserves for such securities, as the same accrue.
Payments for bond funds or accounts, reserve funds or accounts and rebate funds or accounts for Parity Securities shall be made concurrently and on a pari passu basis with the payments required by Sections 4.02, 4.03 and 4.05.
4.08. PAYMENT OF ADDITIONAL SUBORDINATE SECURITIES. Subsequent to provision in full for
the payments and fund maintenance transfers required by the foregoing provisions of this Section 4, any Supplemental Sales and Use Tax revenues remaining in any month after the payments and accumulations required hereby have been made may be used by the City for the payment of Debt Service Requirements of Subordinate Securities payable from the
Pledged Revenues and hereafter authorized to be issued in accordance with this Ordinance
and any other provisions herein supplemental thereto, including reasonable reserves for such Subordinate Securities, as the same accrue; but the lien of such Subordinate Securities on the Pledged Revenues and the pledge thereof for the payment of such Subordinate
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Securities shall be subordinate to the lien and pledge of the Bonds and any Parity Securities as herein provided.
No revenues received from the 0.5% Sales and Use Tax may be pledged or used by the
City for the payment of Debt Service Requirements of Subordinate Securities for so long as the Bonds remain Outstanding.
4.09. USE OF REMAINING 0.5% SALES AND USE TAX REVENUES AND SUPPLEMENTAL SALES AND USE TAX REVENUES. After the above-required payments have been made in each month, and there shall have been credited to the Bond Fund and the 2024 Reserve Fund for the
payment of the Bonds and any other securities payable from a lien on the Pledged Revenues all amounts required to be deposited therein, then any remaining revenues from the Supplemental Sales and Use Tax may be used by the City in any manner authorized by law for said funds.
After the above-required payments have been made in each month, moneys on deposit in
the 0.5% Sales and Use Tax Fund shall be retained therein and, except as hereinafter provided, shall not be released from such Fund until all the Outstanding Bonds and all Outstanding Parity Securities payable in whole or in part from the 0.5% Sales and Use Tax have been paid or defeased in full. Notwithstanding the foregoing, moneys on deposit in the 0.5% Sales and Use Tax Fund may be applied to the optional redemption of all or a
portion of the Bonds and any Parity Securities payable from the 0.5% Sales and Use Tax, and may be applied to the payment of the final Debt Service Requirements due on the Outstanding Bonds and Parity Securities, whether at maturity or prior redemption. Upon the payment or defeasance of all the Outstanding Bonds and Parity Securities payable from the 0.5% Sales and Use Tax, any moneys remaining on deposit in the 0.5% Sales and Use
Tax Fund shall be remitted to the City and applied to the purposes authorized at the 2016 Election and 2023 Election.
4.10. BUDGET AND APPROPRIATION OF FUNDS. The sums provided to make the payments specified in this Section 4 are hereby appropriated for said purposes, and said amounts for
each year shall be included in the annual budget and the appropriation ordinance or
measures to be adopted or passed by the City Council in each year respectively while any of the Bonds, either as to principal or interest, are outstanding and unpaid. No provisions of any constitution, statute, charter, ordinance, resolution, or other order or measure enacted after the issuance of the Bonds shall in any manner be construed as limiting or
impairing the obligation of the City to keep and perform the covenants contained in this
Ordinance so long as any of the Bonds remain outstanding and unpaid.
SECTION 5. GENERAL ADMINISTRATION OF FUNDS.
5.01. PLACES AND TIMES OF DEPOSITS. The 0.5% Sales and Use Tax Fund, Bond Fund and 2024 Reserve Fund (and any accounts therein) and the Rebate Fund shall be maintained in a
Bank as a book account or invested in Permitted Investments, kept separate and apart for
accounting purposes from all other accounts or funds of the City as trust accounts solely for the purposes herein designated therefor; provided that there may be established separate accounts and subaccounts of any fund or account in more than one Bank. For purposes of
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investment of moneys, nothing herein prevents the combination of such accounts with any other Bank account or accounts or other funds of the City. Each periodic payment shall be credited to the proper book account not later than the date therefor designated, except that
when any such date shall be a Saturday, a Sunday or a legal holiday, then such payment shall be made on or before the next preceding Business Day.
5.02. INVESTMENT OF FUNDS. Any moneys in any fund designated herein may be invested in Permitted Investments as provided by law. The obligations so purchased as an investment of moneys in each such fund shall be deemed to be part of such fund, and the interest
accruing thereon or investment income realized therefrom shall be credited to each such fund. Any loss resulting from such investment shall be charged to the fund from which the investment was made. The City shall present for redemption or sale on the prevailing market any obligations so purchased as an investment of moneys in any fund whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer
from such fund.
5.03. NO LIABILITY FOR LOSSES INCURRED IN PERFORMING TERMS OF ORDINANCE. Neither the City nor any officer, employee or agent of the City shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance.
SECTION 6. PRIORITIES; LIENS; ISSUANCE OF ADDITIONAL BONDS.
6.01. FIRST LIEN ON PLEDGED SALES AND USE TAXES; ISSUANCE OF PARITY SECURITIES; The Bonds constitute an irrevocable and first lien, but not necessarily an exclusive first lien, on the Pledged Sales and Use Taxes, which lien on all or a portion of the Pledged Sales and Use Taxes shall be on a parity with the Parity Securities, if any, hereafter issued, to the
extent provided in the applicable Parity Bond Ordinances pursuant to which such Parity Securities were issued. The Bonds are also payable from and constitute a lien on moneys on deposit in the 0.5% Sales and Use Tax Fund, Bond Fund and 2024 Reserve Fund. Moneys on deposit in the 0.5% Sales and Use Tax Fund and the Bond Fund may also secure
the payment of Parity Securities hereafter issued if so provided in the applicable Parity
Bond Ordinance. Moneys on deposit in the 2024 Reserve Fund shall only secure the Bonds and shall not secure any Parity Securities hereafter issued.
The City shall be authorized to issue Parity Securities provided that the following conditions are satisfied:
(1) Absence of Payment Default. The City is current in all payments required to have
been accumulated in the Bond Fund and the 2024 Reserve Fund as required herein.
(2) Historic Revenues Test. The Pledged Revenues, as certified by the City Manager or the City Treasurer, for any 12 consecutive months out of the 18 months preceding the month in which such proposed Parity Securities are to be issued, shall have been
sufficient to pay an amount at least equal to (A) 200% of the sum derived by adding
the following: (i) the Maximum Annual Debt Service for the Outstanding Bonds; (ii) the Maximum Annual Debt Service for each series of Outstanding Parity
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Securities; and (iii) the Maximum Annual Debt Service for the Parity Securities proposed to be issued, plus (B) one hundred percent (100%) of all policy costs attributable to any Insurance Policy and Reserve Fund Insurance Policy and other
similar amounts then due and owing.
(3) Adjustment of Revenues. In determining compliance with the historic revenue test, the amount of the Pledged Revenues for the applicable 12 month period may be increased by the amount of gain which is estimated by the City Manager to result from any increase in the amount of the Pledged Revenues received or to be received
during such applicable 12 month period after giving effect to any ordinance providing for an increase in the municipal sales and use taxes pledged to the payment of the Bonds or the Parity Securities proposed to be issued or providing for any other addition to the sources of Pledged Revenues, if such ordinance is effective and the referendum period therefor has expired prior to the issuance of the
Parity Securities.
(4) The Parity Securities may be secured by a reserve fund or account, but Parity Securities may be issued without being secured by a reserve fund or account.
(5) Notwithstanding the foregoing or any provisions to the contrary contained herein, the City may issue Parity Securities to refund, in whole or in part, any Outstanding
Bonds or Parity Securities without complying with Section 6.01(2) so long as: (a) the refunding Parity Securities do not increase, for any Fiscal Year in which any Bonds or Parity Securities will be Outstanding, the aggregate principal and interest requirements on the Bonds and Parity Securities; and (b) the lien of such refunding Parity Securities on the Pledged Revenues is not raised to a higher priority than the
lien thereon of any obligations thereby refunded.
6.02. REDUCTION OF ANNUAL REQUIREMENTS. The aggregate Debt Service Requirements calculated in determining the respective Maximum Annual Debt Service for purposes of Section 6.01 hereof shall be reduced to the extent such Debt Service Requirements are
scheduled to be paid from moneys or securities deposited in escrow in the manner
contemplated by Section 8 hereof or from moneys actually on hand in the 0.5% Sales and Use Tax Fund and the Bond Fund for the Bonds or bond funds or accounts for any Outstanding Parity Securities at the time of such calculation.
6.03. CERTIFICATION OF REVENUES. In the case of the computation of the revenues test provided
in Section 6.01(2), the written certification by the City Manager or City Treasurer that such
annual revenues are sufficient to pay such amounts as provided in Section 6.01(2) hereof shall be conclusively presumed to be accurate in determining the right of the City to authorize, issue, sell and deliver Parity Securities.
6.04. SUBORDINATE SECURITIES PERMITTED. The City may issue additional bonds or other
additional securities for any lawful purpose payable from all or a portion of the
Supplemental Sales and Use Tax and having a lien thereon subordinate, inferior and junior to the lien thereon of the Bonds. So long as the Bonds remain Outstanding, the City shall
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not issue bonds or other securities payable from a subordinate lien on all or any portion of the 0.5% Sales and Use Tax.
6.05. SUPERIOR SECURITIES PROHIBITED. The City shall not issue additional bonds or other
additional securities that have a lien on all or any portion of the Pledged Revenues that is prior and superior to the lien thereon of the Bonds.
SECTION 7. COVENANTS.
The City hereby particularly represents, covenants and agrees with the Registered Owners of the Bonds that:
7.01. AMENDMENT OF CITY SALES AND USE TAX ORDINANCE; CONTINUANCE AND COLLECTION
OF TAXES. The City Sales and Use Tax Ordinance is now in full force and effect and has not been repealed.
If the City Sales and Use Tax Ordinance, or any modifying or supplemental ordinance not contravening the limitations of this Section, or any part of said ordinances, shall ever be
held to be invalid or unenforceable, it shall be the duty of the City to adopt immediately another ordinance, to seek such voter approval, if any, as may then be required by law, or take any action necessary to produce substantially the same Pledged Revenues as would be produced under the terms of the City Sales and Use Tax Ordinance as it exists at the time of the issuance of the Bonds. To the extent that any changes in the Sales and Use Taxes or
the City Sales and Use Tax Ordinance may lawfully be imposed on the City by the State, the City covenants to take such action as may be necessary or appropriate to produce substantially the same Pledged Revenues as would be produced under the terms of the City Sales and Use Tax Ordinance as it exists at the time of the issuance of the Bonds. To the extent that the Sales and Use Taxes may lawfully be replaced or superseded by any other
tax or revenue source (including, without limitation, any state collected, locally shared sales and/or use taxes), the revenues derived by the City from such replacement tax or revenue source shall become Pledged Revenues under this Ordinance.
The City shall take all reasonable action necessary to collect delinquent payments of the
Sales and Use Taxes or to cause such delinquent payments to be collected.
7.02. IMPAIRMENT OF CONTRACT. No law, ordinance or resolution of the City in any manner affecting the Sales and Use Taxes, the Pledged Revenues, or the Bonds, or otherwise appertaining thereto, shall be repealed or otherwise directly or indirectly modified in such a manner as to materially adversely affect any Bonds Outstanding, unless the required
consent of the Owners of a majority in aggregate principal amount of the then Outstanding
Bonds affected is obtained.
Notwithstanding any other provision of this Section or this Ordinance, the City shall retain the right to make amendments or changes, without any notice to or consent of the Owners of the Bonds, in the City Sales and Use Tax Ordinance, or any ordinance supplemental
thereto or in substitution therefor, concerning the use or proceeds of the Sales and Use
Taxes remaining after the current requirements of all ordinances authorizing bonds or other securities payable from the Sales and Use Taxes, or any portion thereof, have been met; or
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concerning changes in applicability, exemptions, administration, collection or enforcement of the Sales and Use Taxes, if such changes do not materially adversely affect the security for the Bonds.
7.03. DEFENSE OF LEGALITY OF PLEDGED REVENUES. There is not pending or threatened any suit, action or proceeding against or affecting the City before or by any court, arbitrator, administrative agency or other governmental authority which affects the validity or legality of the 2016 Election or this Ordinance or the imposition and collection of the Sales and Use Taxes, or any of the City’s obligations under this Ordinance or any of the transactions
contemplated by this Ordinance.
The City shall, to the extent permitted by law, defend the validity and legality of the Sales and Use Taxes and this Ordinance, and all amendments thereto against all claims, suits and proceedings which would diminish or impair the Pledged Revenues or any other security for the Bonds.
Except as specified in this Ordinance, the City has not assigned or pledged the Pledged Revenues in any manner which would materially diminish the security for payment of the Bonds.
7.04. PERFORMANCE OF DUTIES. The City will faithfully and punctually perform, or cause to be performed, all duties with respect to the Pledged Revenues required by the Constitution
and laws of the State and the Charter and the various ordinances and resolutions and contracts of the City, including, without limitation, the proper segregation of the proceeds of the Bonds and the Pledged Revenues and their application from time to time to the respective funds provided therefor.
7.05. COSTS OF BOND ISSUE AND OF PERFORMANCE. Except as otherwise specifically provided
herein, all costs and expenses incurred in connection with the issuance of the Bonds, payment of the Debt Service Requirements of the Bonds, or with the City’s performance of or compliance with any covenant or agreement contained in this Ordinance, shall be paid exclusively (but only from the appropriate special fund in the manner authorized herein)
from the proceeds of the Bonds, or from the Pledged Revenues, or from other legally
available moneys, and in no event shall any of such costs or expenses be required to be paid out of or charged to the general funds of the City.
The City hereby authorizes the creation of a Costs of Issuance Fund pursuant to the provisions of the Paying Agent Agreement, with such Costs of Issuance Fund to be held
by the Paying Agent and applied as set forth in the Paying Agent Agreement to pay the
costs of issuance of the Bonds.
7.06. CONTRACTUAL OBLIGATIONS. The City will perform all contractual obligations undertaken by it under the Paying Agent Agreement, and any other agreements relating to the Bonds, this Ordinance or the Pledged Revenues. The Mayor and the City Clerk are hereby
authorized to execute and deliver such agreements in connection with the issuance of the
Bonds.
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7.07. FURTHER ASSURANCES. The City shall, so far as it may be authorized by law, execute, and file or record all further instruments, and make all further assurances as may be necessary or desirable or as may be reasonable and required to carry out the purposes of this
Ordinance. The City, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every Owner of any of the Bonds against all claims and demands of all Persons.
7.08. CONDITIONS PRECEDENT. Upon the date of issuance of any of the Bonds, all conditions,
acts and things required by the Constitution or laws of the United States, the Constitution or laws of the State, the Charter, or this Ordinance, to exist, to have happened, and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened and have been performed, and the Bonds, together with all other obligations of the City, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the
United States, the Constitution or laws of the State, or the Charter.
7.09. RECORDS. The City will keep proper books of record and account, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the proceeds of the Sales and Use Taxes and the funds established herein, and any Owner of any of the Bonds shall have the right at all reasonable times to inspect the
same.
7.10. PROTECTION OF SECURITY. The City, its officers, agents and employees, shall not take any action in such manner or to such extent as might materially prejudice the security for the payment of the Debt Service Requirements of the Bonds and any other securities payable from the Pledged Revenues according to the terms thereof. No contract shall be entered
into nor any other action taken by which the rights of any Owner of any Bond or other security payable from Pledged Revenues might be prejudicially and materially impaired or diminished.
The City shall not enter into an agreement or otherwise take any action resulting in any
portion of the 0.5% Sales and Use Tax being included as incremental sales tax revenues
which will be required to be paid into a special fund, or pledged to the payment of obligations, pursuant to (i) an urban renewal plan as defined in Section 31-25-103(9), C.R.S., (ii) a plan of development as defined in Section 31-25-802 (6.4), C.R.S., or (iii) a value capture plan as defined in Section 43-4-508, C.R.S., or, in the case of (i), (ii) or (iii),
any similar plan adopted by the City exercising its powers as a home rule city.
7.11. ACCUMULATION OF INTEREST CLAIMS. In order to prevent any accumulation of interest or claims for interest after maturity, the City shall not directly or indirectly extend or assent to the extension of the time for the payment of any interest or claim for interest on any of the Bonds or any other securities payable from Pledged Revenues; and the City shall not
directly or indirectly be a party to or approve any arrangements for any such extension or
for the purpose of keeping alive any of such coupons or other claims for interest. If the time for the payment for any such installment of interest is extended in contravention of the foregoing provisions, such installment or installments of interest after such extension or arrangement shall not be entitled in case of default hereunder to the benefit or the
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security of this Ordinance, except upon the prior payment in full of the principal of all of the Bonds and any such securities or interest the payment of which has not been extended.
7.12. PROMPT PAYMENT OF BONDS. The City shall promptly pay the Debt Service Requirements
of every Bond at the places, on the dates, and in the manner specified herein and in the Bonds according to the true intent and meaning hereof.
7.13. OTHER LIENS. Other than as provided herein, there are no other liens or encumbrances of any nature whatsoever on or against the Pledged Revenues.
7.14. TAX COVENANT. The City covenants for the benefit of the Owners of the Bonds that it will
not take any action or omit to take any action with respect to the Bonds, the proceeds thereof, any other funds of the City or any facilities financed with the proceeds of the Bonds if such action or omission: (a) would cause the interest on the Bonds to lose its excludability from gross income for federal income tax purposes under Section 103 of the Code, (b) would cause interest on the Bonds to become a specific preference item for purposes of
federal alternative minimum tax under the Code, except as such interest is taken into account in determining the annual adjusted financial statement income of applicable corporations (as defined in Section 59(k) of the Code) for the purpose of computing the alternative minimum tax imposed on corporations, or (c) would cause the Bonds and the income therefrom to lose their exemption from Colorado taxation, except inheritance,
estate, and transfer taxes under present State law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the City in fulfilling the above covenant under the Tax Code and Colorado law have been met.
Notwithstanding any provision of this Section, the City may rely conclusively on an
opinion of Bond Counsel in complying, or in any deviation from complying, with the provisions hereof.
SECTION 8. DEFEASANCE.
If, when the Bonds shall be paid in accordance with their terms (or payment of the Bonds has been
provided for in the manner set forth in the following paragraph), then this Ordinance and all rights
granted hereunder shall thereupon cease, terminate and become void and be discharged and satisfied.
Payment of any Outstanding Bond shall prior to the maturity or Redemption Date thereof be deemed to have been provided for within the meaning and with the effect expressed in this Section
if: (a) in case said Bond is to be redeemed on any date prior to its maturity, the City shall have
given to the Paying Agent in form satisfactory to it irrevocable instructions to give on a date in accordance with the provisions of Section 3.02 hereof, notice of redemption of such Bond on said Redemption Date, such notice to be given in accordance with the provisions of Section 3.02 hereof; and (b) there shall have been deposited with the Paying Agent or a Trust Bank either moneys in
an amount which shall be sufficient, and/or Federal Securities which shall not contain provisions
permitting the redemption thereof at the option of the issuer, the principal of and the interest on which when due, and without any reinvestment thereof, will provide moneys which, together with
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the moneys, if any, deposited with or held by the Paying Agent or Trust Bank at the same time, shall be sufficient to pay when due the Debt Service Requirements due and to become due on said Bond on and prior to the Redemption Date or maturity date thereof, as the case may be, as
evidenced by a report of an independent firm of nationally recognized certified public accountants verifying such sufficiency. Neither such Federal Securities nor moneys deposited with the Paying Agent or Trust Bank pursuant to this Section or principal or interest payments on any such Federal Securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the Debt Service Requirements of said Bond; provided any cash received from such
principal or interest payments on such Federal Securities deposited with the Paying Agent or other Trust Bank, if not then needed for such purpose, shall, to the extent practicable, be reinvested in securities of the type described in (b) of this paragraph maturing at times and in amounts sufficient to pay when due the Debt Service Requirements to become due on said Bond on or prior to such Redemption Date or maturity date thereof, as the case may be. At such time as payment of a Bond
has been provided for as aforesaid, such Bond shall no longer be secured by or entitled to the benefits of this Ordinance, except for the purpose of any payment from such moneys or securities deposited with the Paying Agent or other Trust Bank.
The release of the obligations of the City under this Section shall be without prejudice to the right of the Paying Agent to be paid reasonable compensation for all services rendered by it hereunder
and all its reasonable expenses, charges and other disbursements incurred on or about the administration of and performance of its powers and duties hereunder.
Upon compliance with the foregoing provisions of this Section with respect to all Bonds then Outstanding, this Ordinance may be discharged in accordance with the provisions of this Section but the liability of the City in respect of the Bonds shall continue; provided that the Owners thereof
shall thereafter be entitled to payment only out of the moneys and/or Federal Securities deposited with the Paying Agent or other Trust Bank as provided in this Section.
In the event that there is a defeasance of only part of the Bonds, the Registrar shall, if requested by the City in writing, institute a system to preserve the identity of the individual Bonds or portions
thereof so defeased, regardless of changes in Bond numbers attributable to transfers and exchanges
of Bonds, and the Registrar shall be entitled to reasonable compensation and reimbursement of expenses from the City in connection with such system.
SECTION 9. DEFAULT PROVISIONS AND REMEDIES.
9.01. EVENTS OF DEFAULT. Each of the following events is hereby declared to be and to
constitute an Event of Default, provided however, that in determining whether a payment
default has occurred pursuant to paragraphs (1) or (2) of this Section, no effect shall be given to payments made under an Insurance Policy:
(1) Nonpayment of Principal. Payment of the principal of or the redemption premium due for any of the Bonds is not made when the same becomes due and payable, either at
maturity or by proceedings for prior redemption or otherwise;
(2) Nonpayment of Interest. Payment of any installment of interest on the Bonds is not made when the same becomes due and payable;
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(3) Incapable to Perform. The City for any reason is, or is rendered, incapable of fulfilling its obligations hereunder.
(4) Default of Any Provision. The City makes any default in the due and punctual
performance of any of the representations, covenants, conditions, agreements and other provisions contained in the Bonds or in this Ordinance on its part to be performed, other than those provided in paragraphs (1), (2) and (3) of this Section 9.01 and other than the City’s continuing disclosure covenant in Section 2.03 hereof, and if such default continues for sixty days after written notice, specifying such default and requiring the
same to be remedied, is given to the City by Owners of at least twenty-five percent in aggregate principal amount of the Bonds then Outstanding; provided that if such default cannot be cured within such sixty days, and during that period corrective action has commenced to remedy such default and subsequently is diligently pursued to the completion of such performance, an Event of Default shall not be deemed to have
occurred.
9.02. REMEDIES FOR DEFAULTS. Upon the happening and continuance of any of the Events of Default, as provided in Section 9.01 hereof, then and in every case the Owners of Bonds in a principal amount not less than twenty-five percent of the aggregate principal amount of the Bonds then Outstanding, including, without limitation, a trustee or trustees therefor,
may proceed against the City to protect and to enforce the rights of any Owner of Bonds under this Ordinance by mandamus or by other suit, action, or special proceedings in equity or at law, in any court of competent jurisdiction, either for the specific performance of any covenant or agreement contained herein or for any proper legal or equitable remedy as such Owners, trustee or trustees may deem most effectual to protect and to enforce the rights
aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of any Owner of any Bond, or to require the City to act as if it were the trustee of an express trust, or any combination of such remedies, or as otherwise may be authorized by any statute or other provision of law. All such proceedings at law or in equity shall be
instituted, had and maintained for the ratable benefit of all Owners of the Bonds.
Notwithstanding anything else provided herein, the Owners shall have no right to accelerate the Bonds upon an Event of Default.
9.03. RIGHTS AND PRIVILEGES CUMULATIVE. The failure of any Owner of any Outstanding Bond to proceed in any manner herein provided shall not relieve the City, or any of its officers,
agents or employees of any obligation to perform or carry out any duty, obligation or other
commitment. Each right or privilege of any such Owner (or trustee thereof) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege thereof.
9.04. DUTIES UPON DEFAULT. Upon the happening of any of the Events of Default as provided
in Section 9.01 hereof, the City, in addition, will do and perform all proper acts on behalf of and for the Owners of the Outstanding Bonds to protect and to preserve the security created for the payment of the Bonds and to insure the payment of the Debt Service Requirements promptly as the same become due.
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SECTION 10. AMENDMENT OF ORDINANCE.
10.01. AMENDMENTS OF ORDINANCE NOT REQUIRING CONSENT OF OR NOTICE TO OWNERS OF BONDS. The City may, without the consent of, or notice to, the Owners of the Bonds, adopt
such ordinances supplemental hereto (which amendments shall thereafter form a part hereof) for any one or more or all of the following purposes:
(1) To cure any ambiguity, or to cure, correct or supplement any defect or inconsistent provision contained in this Ordinance, or to make any provision with respect to matters arising under this Ordinance or for any other purpose if such provisions are necessary
or desirable and do not materially adversely affect the interests of the Owners of the Bonds; or
(2) To subject to this Ordinance additional revenues, properties or collateral; or
(3) To provide for the issuance of Parity Securities or Subordinate Securities as permitted by Section 6 hereof.
10.02 AMENDMENTS OF ORDINANCE REQUIRING CONSENT OF 100% OF OWNERS OF BONDS
ADVERSELY AFFECTED. This Ordinance may be amended or modified for any one or more of the purposes set forth below, by ordinance duly adopted by the City Council, without receipt by the City of any additional consideration, but only with the prior written consent of the Owners of one hundred percent (100%) in aggregate principal amount of the Bonds
and Parity Securities Outstanding adversely affected thereby:
(1) Changing Payment. A change in the maturity or in the terms of redemption of the principal of any Outstanding Bond or any installment of interest thereon; or
(2) Reducing Return. A reduction in the principal amount of any Bond, the rate of interest thereon, or any prior redemption premium payable in connection therewith; or
(3) Prior Lien. The creation of a lien upon or a pledge of revenues ranking prior to the lien or to the pledge created by this Ordinance; or
(4) Modifying Amendment Terms. A reduction of the principal amount or percentage of Bonds which may be required herein for any amendment hereto; or
(5) Priorities Between Bonds. The establishment of priorities as between Bonds issued
and Outstanding under the provisions of this Ordinance; or
(6) Partial Modification. Any modifications otherwise materially and prejudicially affecting the rights or privileges of the Owners of less than all of the Bonds then Outstanding.
10.03. AMENDMENTS OF ORDINANCE REQUIRING CONSENT OF MAJORITY OF OWNERS OF BONDS.
Except as otherwise provided in Sections 10.01 and 10.02 hereof, this Ordinance may be amended or modified by ordinance duly adopted by the City Council, without receipt by the City of any additional consideration, but with the prior written consent of the Owners
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of at least a majority in aggregate principal amount of the Bonds and Parity Securities Outstanding at the time of the adoption of such amendatory ordinance or other instrument.
10.04. NOTICE OF PROPOSED AMENDMENTS. Whenever the City Council proposes to amend or
modify this Ordinance under the provisions of Sections 10.02 or 10.03, it shall give notice of the proposed amendment by certified mail, return receipt requested, to all Owners of the Bonds and Parity Securities. Such notice shall be mailed at least thirty days prior to the adoption of the proposed amendment, shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory ordinance or other
instrument is on file in the office of the City Clerk for public inspection.
SECTION 11. MISCELLANEOUS.
11.01. AUTHORIZATION OF DOCUMENTS. The form, terms and provisions of the Continuing Disclosure Certificate, the Escrow Agreement, the Paying Agent Agreement and the Purchase Contract are hereby approved, and the City shall enter into and perform its
obligations thereunder in substantially the forms of such documents on file with the City Clerk; and the officers of the City are hereby authorized and directed to execute and deliver such documents as required hereby. Such documents are to be executed in substantially the forms hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the
purposes of this Ordinance. The execution of any document or instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the approval by the City of such document or instrument in accordance with the terms hereof.
The City Manager and the City Treasurer are each independently authorized to execute and deliver any documents necessary to obtain the Insurance Policy and the Reserve Fund
Insurance Policy to secure the payment of the principal of and interest on the Bonds, if so determined in the Sale Certificate.
The officers and employees of the City and members of the Board are hereby authorized and directed to take any and all other actions necessary or appropriate to effectuate the
provisions of this Ordinance, including but not limited to, the issuance of the Bonds, the
execution and delivery of the Continuing Disclosure Certificate, the Escrow Agreement, the Paying Agent Agreement, the Purchase Contract, and any and all additional documents, instruments, certificates and other papers, and performing all other acts that they deem necessary or appropriate.
11.02. REPLACEMENT OF REGISTRAR OR PAYING AGENT. The Registrar or Paying Agent may
resign at any time upon 30 days prior written notice to the City. The City may remove the Registrar or Paying Agent upon 30 days prior written notice to the Registrar and/or Paying Agent, as the case may be. No resignation or removal of the Registrar or Paying Agent shall take effect until a successor has been appointed; provided, that if no successor is
appointed by the end of 90 days, the Paying Agent or Registrar may petition a court of
competent jurisdiction to appoint a successor. If the Registrar or Paying Agent initially appointed shall resign, or if the City shall remove said Registrar or Paying Agent, the City may, upon notice mailed to each Registered Owner of any Bond, at the address last shown
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on the registration books, appoint a successor Registrar or Paying Agent, or both. Every such successor Registrar or Paying Agent shall be a Commercial Bank or shall be an officer of the City. It shall not be required that the same institution serve as both Registrar and
Paying Agent hereunder, but the City shall have the right to have the same institution serve as both Registrar and Paying Agent hereunder.
Any company or national banking association into which the Registrar or Paying Agent may be merged or converted or with which it may be consolidated or any company or national banking association resulting from any merger, conversion or consolidation to
which it shall be a party or any company or national banking association to which the Registrar or Paying Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible, shall be the successor to such Registrar or Paying Agent without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding.
11.03. NO RECOURSE AGAINST OFFICERS AND AGENTS. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the City Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Bonds. Such recourse shall not be available either directly or indirectly through the City Council or the City, or otherwise, whether by
virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any Person purchasing or selling such Bond specifically waives any such recourse.
11.04. ORDINANCE IRREPEALABLE. This Ordinance is, and shall constitute, a legislative measure of the City, and after any of the Bonds are issued, this Ordinance shall constitute an
irrevocable contract between the City and the Owner or Owners of the Bonds; and this Ordinance, if any Bonds are in fact issued, shall be and shall remain irrepealable until the Bonds, as to all Debt Service Requirements, shall be fully paid, cancelled and discharged, as herein provided.
11.05. LIMITATION OF ACTIONS. Pursuant to Section 11-57-212 of the Supplemental Act, no legal
or equitable action brought with respect to any legislative acts or proceedings of the City in connection with the authorization or issuance of the Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than thirty days after the authorization of the Bonds.
11.05. INTERESTED PARTIES. Nothing in this Ordinance expressed or implied is intended or shall
be construed to confer upon, or to give or grant to, any Person, other than the City, the Insurer, the Surety Provider, the Paying Agent and the Registered Owners of the Bonds, any right, remedy or claim under or by reason of this Ordinance or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this
Ordinance contained by and on behalf of the City shall be for the sole and exclusive benefit
of the City, the Insurer, the Surety Provider, the Paying Agent and the Registered Owners of the Bonds.
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11.07. REPEALER. All ordinances, resolutions, bylaws, orders, and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaws, order, or
other instrument, or part thereof, heretofore repealed.
11.08. SEVERABILITY, CONFLICTING 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.
11.09. CHARTER CONTROLS. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this Ordinance and the Sale Certificate authorized hereby and such
statutes. Any such inconsistency or conflict is intended by the City Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter.
11.10. RATIFICATION AND APPROVAL OF PRIOR ACTIONS. All actions heretofore taken by the officers of the City and members of the City Council, not inconsistent with the provisions
of this Ordinance, relating to the 2016 Election, the authorization, sale, issuance, and delivery of the Bonds, and the application of the proceeds of the Bonds to the Project, are hereby ratified, approved, and confirmed.
11.11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of the Charter.
11,12 ELECTRONIC SIGNATURES; ELECTRONIC TRANSACTIONS. The Mayor, the City Clerk, the City Manager, the City Treasurer and all other employees and officials of the City that are authorized or directed to execute any agreement, document, certificate, instrument or other paper in accordance with this Ordinance (collectively, the “Authorized Documents”) are
hereby authorized to execute Authorized Documents electronically via facsimile or email
signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal force and effect of any original, handwritten signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. It is hereby determined that the transactions described herein may be
conducted and related documents may be stored by electronic means. Copies, telecopies,
facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 26th day of August, 2024, ordered published by title and in full on the City’s website as
provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for September 9, 2024 at 6:30 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 ___ to ___, this 9th day of September, 2024. SIGNED by the Mayor on this 9th day of September, 2024.
_________________________ Bud Starker, Mayor ATTEST:
_____________________________ Margy Greer, Sr. Deputy City Clerk
Approved as to Form _________________________
Gerald Dahl, City Attorney
First Publication: August 27, 2024 Second Publication: September 10, 2024
Effective Date: September 9, 2024
Published: Jeffco Transcript and www.ci.wheatridge.co.us
A-1
EXHIBIT A [Form of Bond]
Unless this bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the City or its agent for registration of transfer, exchange, or payment, and any bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER,
PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the Registered Owner hereof, Cede & Co., has an interest herein.
UNITED STATES OF AMERICA STATE OF COLORADO CITY OF WHEAT RIDGE SALES AND USE TAX REVENUE REFUNDING AND IMPROVEMENT BOND SERIES 2024
No. R-_____ $__________
INTEREST RATE MATURITY DATE DATED AS OF CUSIP
_____% ________ 1, 20___ _______, 2024
REGISTERED OWNER: Cede & Co.
PRINCIPAL AMOUNT: DOLLARS
The City of Wheat Ridge, Colorado (the “City”), for value received, hereby
acknowledges the City indebted and promises to pay to the Registered Owner specified above, or
registered assigns, solely from the special funds provided therefor, as set forth herein, the Principal Amount specified above, on the Maturity Date specified above, and interest thereon payable on June 1 and December 1 in each year commencing on _______ 1, 2024, at the Interest Rate per annum specified above, until the Principal Amount is paid or payment has been provided therefor.
This bond will bear interest payable to the Registered Owner at the Interest Rate specified above
from the most recent Interest Payment Date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this bond. This bond is one of an authorized series issued pursuant to an ordinance of the City Council of the City (the “City Council”) adopted on ________ __, 2024 (the “Bond Ordinance”). To the extent not defined herein, terms used in this
Bond shall have the same meanings as set forth in the Bond Ordinance.
This Bond bears interest, matures, is payable, is subject to optional redemption and to mandatory sinking fund redemption, and is transferable as provided in the Bond Ordinance and the Sale Certificate.
A-2
This Bond is a special and limited obligation of the City payable solely out of and secured by an irrevocable first lien, but not an exclusive first lien, on the Pledged Sales and Use Taxes, and from moneys on deposit or credited to the 0.5% Sales and Use Tax Fund, the Bond
Fund relating to the Bonds and the 2024 Reserve Fund, if any, relating to the Bonds. This Bond, including the interest thereon, does not constitute a debt or an indebtedness of the City within the meaning of any constitutional, home rule charter or statutory provision or limitation of the State of Colorado. This Bond is not payable, in whole or in part, from the proceeds of ad valorem taxes of the City, and the full faith and credit of the City is not pledged for the payment of the principal
of or interest on this Bond.
The principal of the Bonds shall be payable at the principal office of the Paying Agent upon presentation and surrender of such Bonds. Except as otherwise provided in the Bond Ordinance, payment of interest on the Bonds shall be paid by check or wire on the Interest Payment Date to the Person appearing on the registration records of the City as the Registered Owner thereof
as of the close of business of the Registrar on the Record Date to the address of such Owner as it appears on the registration records of the City.
Reference is made to the Bond Ordinance and to all ordinances supplemental thereto, with respect to the nature and extent of the security for the Bonds, rights, duties and obligations of the City, the rights of the Owners of the Bonds, the rights, duties and obligations of
the Paying Agent and Registrar, the circumstances under which any Bond is no longer Outstanding, the ability to amend the Bond Ordinance, the ability to issue Parity Securities, and to all the provisions of which the Registered Owner hereof by the acceptance of this Bond assents.
The Bonds of the series of which this is one are issued by the City for the purpose of defraying wholly or in part the costs of the Project, all under the authority of and in full
conformity with the Constitution and laws of the State of Colorado, the Charter of the City, Title 11, Article 57, Part 2, C.R.S. and all other laws of the State of Colorado thereunto enabling, and pursuant to the authority conferred at the 2016 Election, the 2023 Election, and the Bond Ordinance duly adopted prior to the issuance of this Bond. Pursuant to Section 11-57-210, C.R.S.,
this recital shall be conclusive evidence of the validity and the regularity of the issuance of this
Bond after its delivery for value.
It is hereby certified, recited and warranted that all the requirements of law have been complied with by the proper officers of the City in the issuance of this Bond.
This bond shall not be valid or obligatory for any purpose until the Registrar shall
have manually signed the certificate of authentication herein.
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IN WITNESS WHEREOF, the City Council of the City of Wheat Ridge, Colorado, has caused this Bond to be executed in its name and on its behalf with the manual facsimile signature of the Mayor of the City, to be sealed with the manual or facsimile seal of the City, and
to be signed and attested with the manual or facsimile signature of the City Clerk of the City.
CITY OF WHEAT RIDGE, COLORADO
(Manual or Facsimile Signature) _ Mayor (SEAL)
Attest:
(Manual or Facsimile Signature) City Clerk
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(Form of Registrar’s Certificate of Authentication)
REGISTRAR’S CERTIFICATE OF AUTHENTICATION
Date of authentication and registration: __________________
This is one of the Bonds described in the within-mentioned Ordinance, and this bond has been duly registered on the registration books kept by the undersigned, as Registrar for such Bonds.
_______________________, as Registrar
By ____________________________________ Authorized Officer
(End of Form of Registrar’s Certificate of Authentication)
A-5
(Form of Assignment)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfer unto
__________________________ the within bond and hereby irrevocably constitutes and appoints __________________________ attorney, to transfer the same on the records of the Registrar, with full power of substitution in the premises.
_______________________________________
Dated:
Signature Guaranteed:
Signature must be guaranteed by a member of a Medallion Signature Program.
Address of Transferee:
Social Security or other tax
identification number of transferee:
NOTE: The signature to this Assignment must correspond with the name as written on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever.
EXCHANGE OR TRANSFER FEES MAY BE CHARGED.
(End of Form of Assignment)
A-6 34986056.v5
(Form of Prepayment Panel)
PREPAYMENT PANEL
The following installments of principal (or portion thereof) of this bond have been
prepaid in accordance with the terms of the ordinance authorizing the issuance of this bond.
Date of Prepayment Principal Prepaid Signature of Authorized Representative of the Depository
(End of Form of Prepayment Panel)
BOND PURCHASE AGREEMENT
Dated
__________ __, 2024
By and Between
CITY OF WHEAT RIDGE, COLORADO
AND
PIPER SANDLER & CO., as Underwriter
relating to $[____________] CITY OF WHEAT RIDGE, COLORADO
SALES AND USE TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2024
ATTACHMENT 2
BOND PURCHASE AGREEMENT
$[______________] City of Wheat Ridge
Sales and Use Tax Revenue Refunding and Improvement Bonds Series 2024 ___________ __, 2024
City of Wheat Ridge, Colorado
Ladies and Gentlemen:
The undersigned, Piper Sandler & Co. (the “Underwriter” or “Piper”), and its successors and assigns, offers to enter into the following Bond Purchase Agreement (this “Agreement”) with the City of Wheat Ridge, Colorado, its successors and assigns (the “City”), which, upon the City’s written acceptance of this offer, will be binding upon the City and upon the Underwriter. This offer is made subject to the City’s written acceptance hereof on or before 5:00 p.m., Mountain Time, on
_________ __, 2024, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. Terms not otherwise defined in this Agreement shall have the same meanings set forth in the Indenture (as defined herein) or in the Official Statement (as defined herein).
1. Purchase and Sale of the Bonds. Subject to the terms and conditions and in reliance upon
the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell and deliver to the Underwriter, all, but not less than all, of the City’s Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024 (the “Bonds”), in the original aggregate principal amount of $[____________]. The Bonds are being issued by the City to provide funds to: (i)
refund, pay and discharge certain of the outstanding City Sales and Use Tax Revenue Bonds, Series 2017A (the “2017 Bonds”) in the outstanding principal amount of $12,120,000 (the “Refunding Project”) and (ii) finance a portion of the public improvements authorized pursuant to an election held within the City on November 7, 2023 (the “2023 Election”),
whereby the City was authorized to increase debt in an amount not to exceed $75,000,000,
with a maximum repayment cost of not to exceed $125,000,000, and to pay such debt and the 2017 Bonds, with the proceeds to be used only for certain public investments as provided in the question approved at the 2023 Election (the “Improvement Project”) , and pay costs of issuance of the Bonds (the Refunding Project, the Improvement Project and such costs of
issuance are collectively referred to as the “Project”).
The Bonds will be issued pursuant to the terms and provisions of Title 11, Article 57, Part 2, Colorado Revised Statutes (the “Supplemental Public Securities Act”).
Inasmuch as this purchase and sale of the Bonds represents a negotiated transaction, the City acknowledges and agrees that: (i) the transaction contemplated by this Agreement is an arm’s
length, commercial transaction between the City and the Underwriter in which the
Underwriter is acting solely as a principal and is not acting as a municipal advisor, financial advisor or fiduciary to the City; (ii) the Underwriter has not assumed any advisory or
fiduciary responsibility to the City with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City
on other matters); (iii) the Underwriter is acting solely in its capacity as underwriter for its own accounts, (iv) the only obligations the Underwriter has to the City with respect to the transaction contemplated hereby expressly are set forth in this Agreement; and (v) the City has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate. The Underwriter has been duly authorized to execute
this Agreement and to act hereunder.
The principal amount of the Bonds to be issued, the dated date therefor, the maturities, sinking fund and optional redemption provisions and interest rates per annum are set forth in Schedule I hereto. The Bonds are authorized pursuant to a resolution of the City adopted on __________ __, 2024 (the “Bond Resolution”). The Bonds shall be as described in, and
shall be issued and secured under and pursuant to the provisions of the Bond Resolution and the Registrar and Paying Agent Agreement between the City and BOKF, N.A., as Registrar and Paying Agent, dated as of the date of delivery of the Bonds (the “Paying Agent Agreement”).
The purchase price for the Bonds shall be $[_____________] (comprised of the par amount
of the Bonds, plus a reoffering premium of $[____________], less Underwriter’s discount of $[__________]).
2. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds at a price not to exceed the public offering price set forth on the cover of the Official Statement (as defined below) and may subsequently change such offering price without
any requirement of prior notice. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing Bonds into investment trusts) and others at prices lower than the public offering price stated on the cover page of the Official Statement.
3. Establishment of Issue Price
(a) The Underwriter agrees to assist the City in establishing the issue price of the Bonds
and shall execute and deliver to the City at Closing an “issue price” certificate in substantially the form attached hereto as Exhibit A, together with the supporting pricing wires or equivalent communications, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City
and Bond Counsel, to accurately reflect the sales price or prices or the initial
offering price or prices of the Bonds to the Public.
(b) The Underwriter confirms that the Bonds have been offered to the Public on the Sale Date at the specified offering price (the “initial offering price”) for each Maturity, or at the corresponding yield or yields, set forth in Schedule I. Schedule
I also sets forth, as of the Sale Date, (i) any Maturity at least 10% of which has been
sold to the Public at a single price and the first price at which at least 10% of each such Maturity was sold to the Public, and (ii) any Maturity less than 10% of which
has been sold to the Public at a single price (a “Hold-the-Offering-Price Maturity”), if any.
(c) If there is a Hold-the-Offering-Price Maturity, then the Underwriter will neither
offer nor sell Bonds of a Hold-the-Offering-Price Maturity to any person at a price that is higher than the respective initial offering price to the Public during the period (the “Holding Period”) starting on the Sale Date and ending on the earlier of the following:
(1) the close of the fifth (5th) business day after the Sale Date; or
(2) the date on which the Underwriter has sold at least 10% of that Maturity to the Public at one or more prices that are no higher than the initial offering price to the Public.
The Underwriter shall, if requested in writing by the City, promptly advise the City when the Holding Period for each Maturity has concluded and, if requested in
writing by the City, shall confirm at that time that during the Holding Period the Underwriter did not offer or sell any Bonds of that Maturity at a price higher than the initial offering price.
(d) The Underwriter confirms that it has not agreed and will not agree pursuant to a written contract directly or indirectly with any person other than the City to
participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).
(e) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the Public for purposes
of this Section. Further, for purposes of this Section:
(i) “Public” means any person other than a Member of the Distribution Group or a related party to a Member of the Distribution Group;
(ii) “Maturity” means Bonds with the same credit and payment terms; Any
Bonds with different maturity dates, or with the same maturity date but
different stated interest rates, are treated as separate Maturities;
(iii) “Member of the Distribution Group” means (A) any person that agrees pursuant to a written contract with the City (or with the Underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to
the Public and (B) any person that agrees pursuant to a written contract
directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public);
(iv) A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (A) at least 50% common ownership of the voting power or
the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the
outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and
(v) “Sale Date” means the date of execution of this Agreement by all parties.
4. The Official Statement.
(a) The Preliminary Official Statement, dated _______ __, 2024 (the “Preliminary Official Statement”), including the cover page and Appendices thereto, of the City relating to the Bonds has been prepared by the City for use by the Underwriter in connection with the public offering, sale and distribution of the Bonds. The City
hereby consents to and ratifies the use and distribution by the Underwriter of the Preliminary Official Statement in connection with the public offering of the Bonds by the Underwriter, and further confirms the authority of the Underwriter to use, and consents to the use of, the final Official Statement with respect to the Bonds in connection with the public offering and sale of the Bonds. The City hereby
represents and warrants that the Preliminary Official Statement previously furnished to the Underwriter was (and hereby is) “deemed final” by the City as of its date for purposes of Rule 15c2-12, except for permitted omissions.
(b) The City hereby authorizes the final Official Statement, to be dated as of the date
hereof, relating to the Bonds (the “Official Statement”), to be used by the Underwriter
in connection with the public offering and the sale of the Bonds. The City shall provide, or cause to be provided, to the Underwriter as soon as practicable after the date of the City’s acceptance of this Agreement (but, in any event, not later than within seven business days after the City’s acceptance of this Agreement and in
sufficient time to accompany any confirmation that requests payment from any
customer) copies of the Official Statement which is complete as of its dated date and as of the date of its delivery to the Underwriter in such quantity as the Underwriter shall request in order for the Underwriter to comply with the rules of the Municipal Securities Rulemaking Board (the “MSRB”). The City hereby confirms that it does
not object to the distribution of the Official Statement in electronic form and approves
the prior distribution of the Preliminary Official Statement in electronic form. The City will execute the Official Statement by an authorized officer of the City either manually or by electronic signature. The Official Statement shall be in substantially the same form as the Preliminary Official Statement, except as to revisions permitted
by Rule 15c2-12. The City covenants that, prior to delivery of the Official Statement
to the Underwriter, appropriate City officials will review and approve the information in the Official Statement.
(c) If, within 90 days after the date of this Agreement, the City becomes aware of any
fact or event which might or would cause the Official Statement, whether or not previously supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which such statements were made, not misleading, or if it is necessary to amend or supplement
the Official Statement to comply with law, the City will notify the Underwriter (and for the purposes of this clause provide the Underwriter with such information as it may from time to time request), and if, in the opinion of the Underwriter, such fact or event requires preparation and publication of a supplement or amendment to the Official Statement, the City will forthwith prepare and furnish, at the City’s own
expense (in a form and manner approved by the Underwriter), a reasonable number of copies of either amendments or supplements to the Official Statement so that the statements in the Official Statement as so amended and supplemented will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the
circumstances under which such statements were made, not misleading or so that the Official Statement will comply with law. If such notification shall be subsequent to the Closing, the City shall furnish such legal opinions, certificates, instruments and other documents as the Underwriter may deem necessary to evidence the truth and accuracy of such supplement or amendment to the Official Statement.
(d) (d) The Underwriter hereby agrees to file an electronic copy of the Official Statement with the MSRB. Unless otherwise notified in writing by the Underwriter, the City can assume that the “end of the underwriting period” is the date of the Closing.
5. Representations, Warranties, and Covenants of the City. The City hereby represents and
warrants to and covenants with the Underwriter that:
(a) The City is duly created, organized and existing under the laws of the State. Under the provisions of the Bond Resolution and the Supplemental Public Securities Act, the City has full legal right, power and authority and at the date of the Closing will
have full legal right, power and authority under the Bond Resolution and the
Supplemental Public Securities Act, and the Paying Agent Agreement: (i) to enter into, execute and deliver this Agreement, the Bond Resolution, the Sale Certificate authorized in the Bond Resolution (the “Sale Certificate”), the Paying Agent Agreement, the Continuing Disclosure Certificate, dated the Closing Date (the
“Continuing Disclosure Certificate”) and all documents required hereunder and
thereunder to be executed and delivered by the City (this Agreement, the Bond Resolution, the Sale Certificate, the Paying Agent Agreement, the Continuing Disclosure Certificate and such other documents are hereinafter collectively referred to as the “City Documents”), (ii) to sell, issue and deliver the Bonds to the
Underwriter as provided herein, and (iii) to carry out and consummate the
transactions contemplated by the City Documents and the Official Statement, and the City has complied, and will at the Closing be in compliance in all respects, with the terms of the Bond Resolution, the Supplemental Public Securities Act, and the
City Documents as they pertain to such transactions;
(b) By all necessary official action of the City on or prior to the date hereof, the City has duly authorized all necessary action to be taken by it for (i) the adoption of the Bond Resolution and the issuance and sale of the Bonds, (ii) the approval, execution and delivery of, and the performance by the City of the obligations on its part, contained
in the Bonds and the City Documents and (iii) the consummation by it of all other transactions contemplated by the Official Statement, and the City Documents and any and all such other agreements and documents as may be required to be executed, delivered and/or received by the City in order to carry out, give effect to, and consummate the transactions contemplated herein and in the Official Statement;
(c) Assuming due authorization, execution and delivery by the other parties thereto, the City Documents, to the City’s knowledge, will constitute legal, valid and binding obligations of the City, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws and principles of equity relating to or affecting the enforcement of
creditors’ rights;
(d) The City is not in material breach of or default under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or to which
the City is or any of its property or assets are otherwise subject, and no event has occurred and is continuing which constitutes or with the passage of time or the giving of notice, or both, would constitute a default or event of default by the City under any of the foregoing; and the execution and delivery of the Bonds, the City
Documents and the adoption of the Bond Resolution and compliance with the
provisions on the City’s part contained therein, will not conflict with or constitute a breach of or default under any constitutional provision, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or to which the City is or to which any
of its property or assets are otherwise subject nor will any such execution, delivery,
adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the City to be pledged to secure the Bonds or under the terms of any such law, regulation or instrument, except as provided by the Bonds, the
Bond Resolution and the Indenture;
(e) All authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization of, which would constitute a condition precedent to, or the absence of which would materially
adversely affect the due performance by the City of its obligations under the City
Documents, and the Bonds have been duly obtained or will be duly obtained on or before the Closing Date, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any jurisdiction in connection
with the offering and sale of the Bonds;
(f) There is no litigation, action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to the best knowledge of the City, threatened against the City, affecting the existence of the City or the titles of its officers to their respective offices, or
affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds or the pledge of the Pledged Revenues to the repayment of the Bonds pursuant to the Bond Resolution and Paying Agent Agreement or in any way contesting or affecting the validity or enforceability of the Bonds, the City Documents, or contesting the exclusion from gross income of interest on the Bonds
for federal income tax purposes or State income tax purposes, or contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto, or contesting the powers of the City, or any authority for the issuance of the Bonds, the adoption of the Bond Resolution or the execution and delivery of the City Documents, nor, to
the best knowledge of the City, is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Bonds or the City Documents;
(g) As of the date thereof, the Preliminary Official Statement did not contain any untrue statement of a material fact or omit to state a material fact required to be stated
therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except that the City makes no comments with regard to certain information in the Official Statement, such as information (i) provided by the Underwriter for inclusion in the Official Statement
relating to the Underwriter and the reoffering prices or yields of the Bonds, and (ii)
describing DTC and its book-entry-only registration system (the information described in (i) and (ii) of this subparagraph, the “Excluded Information”) and, subject to the condition that while information in the Preliminary Official Statement obtained from sources other than the City is not guaranteed as to accuracy,
completeness, or fairness, such information has been obtained from sources the City
believes to be reliable, and the City has no reason to believe that such statements and data are untrue in any material respect;
(h) Unless the Official Statement is amended or supplemented pursuant to paragraph (c) of Section 4 of this Agreement), the Official Statement, as of the date hereof (its
dated date) and at all times subsequent thereto during the period up to and including
the date of Closing, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, except that the City makes no representation about the Excluded
Information and subject to the condition that while information in the Official
Statement obtained from sources other than the City is not guaranteed as to
accuracy, completeness, or fairness, such information has been obtained from sources the City believes to be reliable, and the City has no reason to believe that such statements and data are untrue in any material respect;
(i) If the Official Statement is supplemented or amended pursuant to paragraph (c) of Section 4 of this Agreement, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent thereto during the period up to and including the date of Closing the Official Statement as so supplemented or amended will not
contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which made, not misleading, except that the City makes no representation about the Excluded Information and subject to the condition that while information in such supplemented or amended Official Statement obtained
from sources other than the City is not guaranteed as to accuracy, completeness, or fairness, such information has been obtained from sources the City believes to be reliable, and the City has no reason to believe that such statements and data are untrue in any material respect;
(j) The City will apply, or cause to be applied, the proceeds from the sale of the Bonds
as provided in and subject to all of the terms and provisions of the Indenture, and not to take or omit to take any action which action or omission will adversely affect the exclusion from gross income for federal income tax purposes or State income tax purposes of the interest on the Bonds;
(k) The City will furnish such information and execute such instruments and take such
action in cooperation with the Underwriter as the Underwriter may reasonably request (A) to (y) qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions in the United States as the Underwriter may designate and (z) determine the eligibility of the
Bonds for investment under the laws of such states and other jurisdictions and (B)
to continue such qualifications in effect so long as required for the distribution of the Bonds (provided, however, that the City will not be required to qualify as a foreign corporation or to file any general or special consents to service of process under the laws of any jurisdiction) and will advise the Underwriter immediately of
receipt by the City of any notification with respect to the suspension of the
qualification of the Bonds for sale in any jurisdiction or the initiation or threat of any proceeding for that purpose;
(l) The financial statements of, and other financial information regarding, the City to be included in the Official Statement will fairly present the financial position and results
of the City as of the dates and for the periods therein set forth. Prior to the Closing,
there will be no adverse change of a material nature in such financial position, results of operations or condition, financial or otherwise, of the City that was not disclosed in the Preliminary Official Statement and the Official Statement. The City is not a party to any litigation or other proceeding pending or, to its knowledge, threatened
which, if decided adversely to the City, would have a materially adverse effect on the financial condition of the City;
(m) Other than as disclosed in the Preliminary Official Statement and the Official
Statement, the City has not within the last five (5) years failed to comply in any material respect with any undertaking to provide continuing disclosure under Rule 15c2-12.
(n) Prior to the Closing, the City will not offer or issue in any material amount any bonds, notes or other obligations for borrowed money or incur any material
liabilities, direct or contingent, payable from or secured by the Pledged Revenues without the prior approval of the Underwriter;
(o) Any certificate, signed by any official of the City authorized to do so in connection with the transactions contemplated by this Agreement, shall be deemed a representation and warranty by the City to the Underwriter as to the statements
made therein.
6. Closing.
(a) At or before 11:00 a.m., Mountain Time, on __________ __, 2024, or at such other time and date as shall have been mutually agreed upon by the City and the Underwriter (the “Closing” or the “Closing Date”), the City will, subject to the
terms and conditions hereof, deliver the Bonds to DTC (as defined below) on behalf of the Underwriter as described in Section 6(b) hereof, will deliver the other documents hereinafter mentioned in Section 7(h) to the Underwriter, and the Underwriter will, subject to the terms and conditions hereof, accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 of this Agreement
by wire transfer payable in immediately available funds to the Trustee or as otherwise directed by the City.
(b) Delivery of the Bonds shall be made to The Depository Trust Company, New York, New York (“DTC”). The Bonds shall be delivered, duly executed and
authenticated, in definitive fully registered form, bearing CUSIP numbers without
coupons, with one Bond for each maturity of the Bonds bearing interest at the same interest rate, registered in the name of Cede & Co., all as provided in the Sale Certificate and the Indenture, and shall be made available to the Underwriter at least one business day before the Closing for purposes of inspection.
7. Closing Conditions. The Underwriter has entered into this Agreement in reliance upon the
representations, warranties and agreements of the City contained herein, and in reliance upon the representations, warranties and agreements to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the City of its obligations hereunder, both as of the date hereof and as of the date of the Closing.
Accordingly, the Underwriter’s obligations under this Agreement to purchase, to accept
delivery of and to pay for the Bonds shall be conditioned upon the performance by the City of its obligations to be performed hereunder and under such documents and
instruments at or prior to the Closing, and shall also be subject to the following additional conditions, including the delivery by the City of such documents as are enumerated herein, in form and substance reasonably satisfactory to the Underwriter:
(a) The representations and warranties of the City contained herein and in the City Documents shall be true, complete and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing;
(b) The City shall have performed and complied with all agreements and conditions required by this Agreement and the City Documents to be performed or complied
with by it prior to or at the Closing;
(c) At the time of the Closing, (i) the City Documents and the Bonds shall have been duly executed and delivered and shall be in full force and effect in the forms heretofore approved by the Underwriter and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or
amended, except in any such case as may have been agreed to by the Underwriter; and (ii) all actions of the City required to be taken by the City shall be performed in order for Bond Counsel and other counsel to deliver their respective opinions referred to hereafter;
(d) At or prior to the Closing, the Bond Resolution, the Sale Certificate and the Paying
Agent Agreement shall have been duly executed and delivered by the City and the City shall have duly executed and delivered and the Paying Agent shall have duly authenticated the Bonds;
(e) The City shall not have failed to pay principal or interest when due on any of its outstanding obligations for borrowed money;
(f) All steps to be taken and all instruments and other documents to be executed, and all other legal matters in connection with the transactions contemplated by this Agreement shall be reasonably satisfactory in legal form and effect to the Underwriter;
(g) At or prior to the Closing, the Underwriter shall have received copies of each of the
following documents:
(1) The Official Statement, and each supplement or amendment thereto, if any, executed by the City, and the reports and audits referred to or appearing in the Official Statement;
(2) The Bond Resolution with such supplements or amendments as may have
been agreed to by the Underwriter, together with the executed Sale Certificate;
(3) The Paying Agent Agreement with such supplements or amendments as may have been agreed to by the Underwriter;
(4) The Continuing Disclosure Certificate;
(5) All notices and other matters incident to the refinancing of the 2017 Bonds as necessary to carry out the Refunding Project;
(6) The approving opinion of Butler Snow LLP (“Bond Counsel”), addressed to the City, with respect to the Bonds, in substantially the form attached as Appendix ___ to the Preliminary Official Statement and the Official Statement, with a reliance letter to the Underwriter;
(7) A supplemental opinion of Bond Counsel addressed to the Underwriter,
substantially to the effect that: (a) the Bonds are exempt securities within the meaning of Section 3(a)(2) of the Securities Act of 1933, as amended (the “1933 Act”) and it is not necessary, in connection with the offering and sale of the Bonds to the public, to register the Bonds under the 1933 Act and the Paying Agent Agreement is exempt from qualification under the
Trust Indenture Act of 1939, as amended; and (b) the description of the Bonds, the Bond Resolution and the Indenture contained in the Official Statement under the captions [“THE BONDS”, “SECURITY FOR THE BONDS”], but excluding any Excluded Information and any information referenced but not set forth under those captions, insofar as such statements
purport to summarize certain provisions of the Bonds and the Indenture, present accurate summaries of such provisions, and the information contained in the italicized first paragraph on the cover page of the Official Statement and under the caption therein entitled [“TAX MATTERS”] present accurate summaries of the matters discussed therein;
(8) An opinion of the City Attorney reflecting the matters set forth in the Preliminary Official Statement under the second paragraph under the heading [“LEGAL MATTERS – Litigation”];
(9) Letters from Tate Law, P.C., as counsel to the Underwriter, and Butler Snow
LLP, as disclosure counsel, substantially to the effect that based on the examinations which they have made and their participation at conferences at which the Official Statement was discussed, but without having undertaken any independent investigation of the organization, business or affairs of the
City or of any other matters, nothing has come to the attention of the
attorneys in such firm rendering legal services in connection with the assistance by such counsel leading it to believe that the Official Statement (except with respect to financial statements and other financial and statistical data included therein, information provided by the Underwriter for inclusion
in the Official Statement relating to the Underwriter and the reoffering prices
or yields of the Bonds, information relating to DTC and its book-entry-only registration system included therein, and other customary exclusions, as to all of which no comment is made) as of its date and as of the date hereof
contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading;
(10) An opinion of the City’s general counsel, dated as of the day of Closing, and addressed to the City, Bond Counsel and the Underwriter in a form satisfactory to the Underwriter, stating in substance: (A) the City is duly organized and existing under Colorado law; (B) the City is not required by law to further amend its governing documents to effectuate the issuance of
the Bonds or the execution and performance of its obligations pursuant to the City Documents; (C) the City Documents have been duly adopted, approved, executed, and delivered by the City, and are valid and binding agreements, enforceable against the City in accordance with their respective terms; (D) the absence of litigation involving the City except as disclosed in
the Official Statement reflecting the statements in the first paragraph under the heading [“LEGAL MATTERS – Litigation”] in the Preliminary Official Statement; (E) the issuance of the Bonds, the authorization, execution and delivery of the City Documents will not violate any applicable judgment, order, or decree of any authority of the State, or breach any agreement or
instrument to which the City is a party; (F) no additional or further approval, consent, or authorization of any governmental, public agency, or authority not already obtained is required by the City to perform its obligations under the City Documents; and (G) a statement to the effect that the sections of the Official Statement entitled [“INTRODUCTION – The City and the Project;”
“THE CITY;” and “LEGAL MATTERS – Litigation”] but excluding financial information, statistical data, projections, monetary data and forecasts and other financial information contained therein, do not contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements therein, in light of the circumstances under
which they were made, not misleading; and such other matters as may be reasonably requested by the Underwriter.
(11) A certificate, dated the date of Closing, of one or more authorized
officer(s) of the City to the effect that (i) the representations and warranties
of the City contained in the Paying Agent Agreement and the other City Documents are true and correct in all material respects on and as of the date of Closing as if made on the date of Closing; (ii) to the knowledge of the signing officer, there is no pending or threatened litigation or challenge in any
court or proceeding that (a) seeks to restrain or enjoin the issuance, sale or
delivery of the Bonds; (b) in any way questions, contests or affects the authority of the City to issue the Bonds or the issuance, validity or enforceability of the Bonds or the City Documents, or the provisions securing and providing for the payment of the Bonds made in the Bond Resolution, the
Paying Agent Agreement, or the pledge of the Pledged Revenues to the
repayment of the Bonds; (c) in any way contests the completeness, accuracy
or fairness of the Official Statement; (d) contests or affects the title of the officers of the Board to their respective offices; or (e) contests the power or authority of the Board to execute and deliver and perform its obligations under
the Bonds or the City Documents or the validity of any proceedings authorizing or relating thereto; (iii) the City Documents are in full force and effect and have not been modified, amended or repealed, and (iv) to the best of his knowledge, no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for
the purpose for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein, in light of the circumstances under which made, not misleading in any respect as of the time of Closing, and the information contained in the Official Statement is correct in all material respects and, as of the date of the Official Statement did not,
and as of the date of the Closing does not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that no representation is made with respect to the Excluded Information and subject
to the condition that while information in the Official Statement obtained from sources other than the City is not guaranteed as to accuracy, completeness, or fairness, such information has been obtained from sources the City believes to be reliable, and the City has no reason to believe that such statements and data are untrue in any material respect;
(12) A certificate dated the day of Closing, of the City, in a form satisfactory to the Underwriter, signed by the appropriate officials of the City, which is expected to state in substance, among other things, that (A) there is no litigation pending or threatened relating to the City Documents, or seeking
to restrain or to enjoin the City Documents, or in any manner questioning the
authority and proceedings therefor; (B) so far as is known to the signatories, nothing exists to hinder or prevent the City from executing and delivering the City Documents; (C) the City has complied with all agreements and covenants and satisfied all conditions contemplated by the City Documents;
(D) the Replenishment Resolution has been duly approved by the City; and
(E) such other representations as the Underwriter or Bond Counsel may reasonably request.
(13) A certificate of the City in form and substance satisfactory to Bond Counsel and counsel to the Underwriter (a) setting forth the facts, estimates and
circumstances in existence on the date of the Closing, which establish that it
is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and any applicable regulations (whether final, temporary or proposed), issued
pursuant to the Code, and (b) certifying that to the best of the knowledge and
belief of the City there are no other facts, estimates or circumstances that
would materially change the conclusions, representations and expectations contained in such certificate;
(14) Any other certificates and opinions required by the Paying Agent
Agreement for the issuance thereunder of the Bonds;
(15) The City shall have executed the Continuing Disclosure Certificate in substantially the form attached to the Official Statement as Appendix __.
(16) The Underwriter shall receive a certificate of the Paying Agent, dated the day of Closing, as to, among other things, the powers and authority of the
Paying Agent, the acceptance of the duties of the Paying Agent under the Paying Agent Agreement, the authentication of the Bonds by the Paying Agent.
(17) Such additional legal opinions, certificates, instruments and other documents as the Underwriter or counsel to the Underwriter may reasonably request to
evidence the truth and accuracy, as of the date hereof and as of the date of the Closing, of the City’s representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the City on or prior to the date of the Closing of all the respective agreements then to be performed and
conditions then to be satisfied by the City.
All of the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance reasonably satisfactory to the Underwriter.
If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds contained in this Agreement, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds shall be terminated
for any reason permitted by this Agreement, this Agreement shall terminate
and neither the Underwriter nor the City shall be under any further obligation hereunder, except that the obligations of the City set forth in Section 10(d) hereof shall continue in full force and effect.
8. Representations and Warranties of the Underwriter. The Underwriter hereby agrees with,
and makes the following representations and warranties to, the City, as of the date hereof
and as of the Closing Date:
(a) The Underwriter is an entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization.
(b) This Agreement has been duly authorized, executed and delivered by the
Underwriter and, assuming the due authorization, execution and delivery by the
City, is the legal, valid and binding obligation of the Underwriter enforceable in
accordance with its terms, subject to limitations on enforceability as may result from bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally from time to time in effect and from the
application of general principles of equity and from public policy limitations on the exercise of any rights to indemnification and contribution.
(c) The Underwriter represents that it is registered as a municipal securities dealer.
(d) The Underwriter will make a bona fide initial public offering of all the Bonds in compliance with federal and state securities laws.
9. Termination. The Underwriter shall have the right to cancel its obligation to purchase the Bonds if, between the date of this Agreement and the Closing, the market price or marketability of the Bonds shall be materially adversely affected, in the sole and reasonable judgment of the Underwriter, by the occurrence of any of the following:
(a) legislation shall be enacted by or introduced in the Congress of the United States
or recommended to the Congress for passage by the President of the United States, or the Treasury Department of the United States or the Internal Revenue Service or any member of the Congress or the State legislature or favorably reported for passage to either House of the Congress by any committee of such House to which such legislation has been referred for consideration, a decision by a court of the
United States or of the State or the United States Tax Court shall be rendered, or an order, ruling, regulation (final, temporary or proposed), press release, statement or other form of notice by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be made or proposed, the effect of any or all of which would be to impose, directly or
indirectly, federal income taxation or State income taxation upon interest received on obligations of the general character of the Bonds, or, with respect to State taxation, of the interest on the Bonds as described in the Official Statement, or other action or events shall have transpired which may have the purpose or effect, directly
or indirectly, of changing the federal income tax consequences or State income tax
consequences of any of the transactions contemplated herein;
(b) legislation introduced in or enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary, or proposed), press release or other form
of notice issued or made by or on behalf of the Securities and Exchange
Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the 1933 Act, or that the Paying Agent Agreement is not exempt
from qualification under or other requirements of the Trust Indenture Act, or that
the issuance, offering, or sale of obligations of the general character of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities law as amended and then in effect;
(c) any state Blue Sky or securities commission or other governmental agency or body shall have withheld registration, exemption or clearance of the offering of the Bonds as described herein, or issued a stop order or similar ruling relating thereto;
(d) a general suspension of trading in securities on the New York Stock Exchange or the American Stock Exchange, the establishment of minimum prices on either such exchange, the establishment of material restrictions (not in force as of the date hereof) upon trading securities generally by any governmental authority or any national securities exchange, a general banking moratorium declared by federal,
State of New York, or State officials authorized to do so;
(e) the New York Stock Exchange or other national securities exchange or any governmental authority, shall impose, as to the Bonds or as to obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or
the charge to the net capital requirements of, Underwriter;
(f) any amendment to the federal or State Constitution or action by any federal or state court, legislative body, regulatory body, or other authority materially adversely affecting the tax status of the City, its property, income securities (or interest thereon);
(g) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the
light of the circumstances under which they were made, not misleading, to the extent that the Official Statement cannot be supplemented or amended prior to Closing, or the effect of the Official Statement as so supplemented or amended is, in the reasonable judgment of the Underwriter, to materially adversely affect the market
price or marketability of the Bonds or the ability of the Underwriter to enforce
contracts for the sale of the Bonds;
(h) there shall have occurred any materially adverse change in the affairs or financial condition of the City, except as disclosed in the Official Statement;
(i) the United States shall have become engaged in hostilities which have resulted in a
declaration of war or a national emergency or there shall have occurred any other
outbreak or escalation of hostilities; there shall have occurred any national or international calamity or crisis, or escalation thereof, in the financial markets or otherwise of the United States;
(j) any fact or event shall exist or have existed that, in the Underwriter’s reasonable
judgment, requires or has required an amendment of or supplement to the Official
Statement, in which the market price or marketability of the Bonds shall be materially adversely affected;
(k) there shall have occurred or any notice shall have been given of any intended review, downgrading, suspension, withdrawal, or negative change in credit watch status by any national rating service to any of the City’s obligations secured by a
pledge of the Pledged Revenues on a parity with the Bonds;
(l) the purchase of and payment for the Bonds by the Underwriter, or the resale of the Bonds by the Underwriter, on the terms and conditions herein provided shall be prohibited by any applicable law, governmental authority, board, agency or commission; and
10. Expenses.
(a) The Underwriter shall be under no obligation to pay, and, except as hereinafter provided, the City shall pay all expenses incident to the performance of the City’s obligations hereunder, including, but not limited to (i) the cost of preparation and printing of the Bonds, Preliminary Official Statement, Official Statement and any
amendment or supplement thereto, (ii) the fees and disbursements of Bond Counsel and general counsel to the City (iii) the fees and disbursements of the Paying Agent or engineers, accountants, and other experts, consultants or advisers retained by the City, if any; (iv) the cost of preparation and printing of this Agreement and the fees and disbursements of Tate Law, P.C. as counsel to the Underwriter; and, (v) all fees
and expenses in connection with obtaining bond ratings and fees or premiums.
(b) The City acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider the fees and expenses being incurred as part of the issuance of the Bonds.
(c) Except as provided for above, the Underwriter shall pay (i) the cost of preparation
and printing of the Blue Sky Survey and Legal Investment Memorandum, if any; (ii) all advertising expenses in connection with the public offering of the Bonds; and, (iii) all other expenses incurred by them in connection with the public offering of the Bonds.
11. Rule 15c2-12. The City agrees to reasonably cooperate with the Underwriter in order to
carry out and comply with certain requirements of Rule 15c2-12.
12. Notices. Any notice or other communication to be given to the City under this Agreement may be given by delivering the same in writing at [7500 W. 29th Avenue, Wheat Ridge, Colorado 80033, Attention: City Manager]; and any notice or other communication to be
given to the Underwriter under this Agreement may be given by delivering the same in
writing to Piper Sandler & Co., 1144 15th Street, Suite 2050, Denver, Colorado 80202, Attention: Nate Eckloff, Managing Director.
13. Parties in Interest. This Agreement as heretofore specified shall constitute the entire agreement between us and is made solely for the benefit of the City and the Underwriter
(including successors or assigns of the Underwriter) and no other person shall acquire or
have any right hereunder or by virtue hereof. This Agreement may not be assigned by the City or the Underwriter. All of the City’s and the Underwriter’s representations, warranties
and agreements contained in this Agreement shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriter; (ii) delivery of and payment for the Bonds pursuant to this Agreement; and (iii) any termination
of this Agreement.
14. Effectiveness. This Agreement shall become effective upon the acceptance hereof by the City and shall be valid and enforceable at the time of such acceptance.
15. Choice of Law. This Agreement shall be governed by and construed in accordance with the law of the State without regard to choice of law analysis.
16. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any Constitution, statute, rule of public policy, or any other reason, such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or
unenforceable in any other case or circumstance, or of rendering any other provision or provisions of this Agreement invalid, inoperative or unenforceable to any extent whatever.
17. Business Day. For purposes of this Agreement, “business day” means any day on which the New York Stock Exchange is open for trading.
18. Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions of this Agreement.
19. Counterparts. This Agreement may be executed in several counterparts each of which shall be regarded as an original (with the same effect as if the signatures thereto and hereto were
upon the same document) and all of which shall constitute one and the same document.
20. Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. For purposes hereof: (i) “electronic signature” means a
manually signed original signature that is then transmitted by electronic means; and (ii)
“transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message.
(The remainder of this page is intentionally left blank.)
If you agree with the foregoing, please sign the enclosed counterpart of this Agreement and return it to the Underwriter. This Agreement shall become a binding agreement between you and the Underwriter when at least the counterpart of this letter shall have been signed by
or on behalf of each of the parties hereto.
Respectfully submitted,
PIPER SANDLER & CO.
By: Name: Nate Eckloff
Title: Managing Director Date: __________ __, 2024
(UNDERWRITER SIGNATURE PAGE TO BOND PURCHASE AGREEMENT)
ACCEPTANCE
ACCEPTED at ____ p.m. this __________ __, 2024.
CITY OF WHEAT RIDGE
By: Its: [___________]
(AUTHORITY SIGNATURE PAGE TO BOND PURCHASE AGREEMENT)
SCHEDULE I TO BOND PURCHASE AGREEMENT
SCHEDULE I TO BOND PURCHASE AGREEMENT (CONTINUED)
The Series 2024 Bonds maturing on and prior to __________ 1, 20__, are not subject to
optional redemption prior to maturity. The Series 2024 Bonds maturing on ___________ 1, 20__, and thereafter are subject to redemption prior to maturity at the option of the City, on ____________ 1, 20__, and on any date thereafter, in whole or in part, in any order of maturity and by lot within a maturity (giving proportionate weight to Series 2024 Bonds in denominations larger than $5,000), at a redemption price equal to the principal amount of each Series 2024 Bond,
or portion thereof, so redeemed, plus accrued interest to the redemption date, without premium.
The Series 2024 Bonds are not subject to mandatory sinking fund redemption prior to maturity.
Schedule I (cont’d)
EXHIBIT A
TO BOND PURCHASE AGREEMENT
FORM OF ISSUE PRICE CERTIFICATE
$[____________] City of Wheat Ridge, Colorado Sales and Use Tax Revenue Refunding and Improvement Bonds Series 2024
ISSUE PRICE CERTIFICATE
The undersigned, on behalf of Piper Sandler & Co. (“Piper”), hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”).
1. Initial Offering Price of the Bonds. Piper offered the Bonds to the Public for purchase at the specified initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds
is attached to this certificate as Schedule B.
2. First Price at which Sold to the Public. On the Sale Date, at least 10% of each Maturity was first sold to the Public at the respective Initial Offering Price.
3. Defined Terms. For purposes of this Issue Price Certificate:
(a) Holding Period means the period starting on the Sale Date and ending on the earlier
of (i) the close of the fifth business day after the Sale Date (__________ __, 2024), or (ii) the date on which Piper has sold at least 10% of such Maturity to the Public at one or more prices, none of which is higher than the Initial Offering Price for such Maturity.
(b) City means the City of Wheat Ridge, Colorado.
(c) Maturity means Bonds with the same credit and payment terms. Any Bonds with
different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities.
(d) Member of the Distribution Group means (i) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to
participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to
a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).
(e) Public means any person (i.e., an individual, trust, estate, partnership, association,
company, or corporation) other than a Member of the Distribution Group or a related party to a
Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to
(i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships
(including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other).
(f) Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was _______, 2024.
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Piper’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations
thereunder. The undersigned understands that the foregoing information will be relied upon by the City with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Tate Law, P.C. in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038, and
other federal income tax advice that it may give to the City from time to time relating to the Bonds.
PIPER SANDLER & CO.
By: Name: Nate Eckloff Title: Managing Director
Dated: _________ __, 2024
A-2
SCHEDULE A
TO ISSUE PRICE CERTIFICATE
INITIAL OFFERING PRICES OF THE BONDS
(Attached)
SCHEDULE B
TO ISSUE PRICE CERTIFICATE
PRICING WIRE
(Attached)
REGISTRAR AND PAYING AGENT AGREEMENT
THIS AGREEMENT, dated as of October [__], 2024, is by and the CITY OF
WHEAT RIDGE, COLORADO (the “City”), and BOKF, N.A. (the “Bank”).
WITNESSETH: WHEREAS, by an ordinance of the City Council of the City duly adopted on
September 9, 2024 (the “Bond Ordinance”), the City has authorized the issuance of its Sales and
Use Tax Revenue Refunding and Improvement Bonds, Series 2017A in the aggregate original
principal amount of $[_____] (the “Bonds”); and
WHEREAS, it is mutually desirable to the City and the Bank that the Bank,
through its Corporate Trust Department, located in Denver, Colorado, act as Registrar and
Paying Agent (as defined in the Bond Ordinance) for the Bonds; and
WHEREAS, it is mutually desirable that this agreement (this “Agreement”) be
entered into between the City and the Bank to provide for certain aspects of such Registrar and
Paying Agent services.
NOW, THEREFORE, the City and the Bank, in consideration of the mutual
covenants herein contained, agree as follows:
1. Unless otherwise provided, capitalized terms used but not defined herein
shall have the meanings given thereto in the Bond Ordinance.
2. The Bank hereby accepts all duties and responsibilities of the Registrar
and Paying Agent as provided in the Bond Ordinance, the Sale Certificate and this Agreement.
The Bank shall cause the Bonds to be honored in accordance with their terms, provided that all
funds necessary in order to so honor the Bonds be made or cause to be made available by the
City to the Bank. Nothing in this Agreement shall require the Bank to pay or disburse any funds
in excess of the amount then on deposit in the “Principal and Interest Payment Account”
provided for in Section 3 of this Agreement. Nothing in this Agreement shall require the City to
pay or disburse any funds for payment of the Bonds or interest thereon except at the times and in
the manner provided herein, in the Bond Ordinance. In addition, the Bank hereby accepts the
duties and responsibilities pertaining to the authentication, registration, transfer, exchange and
replacement of Bonds and the duties and responsibilities pertaining to the calling of the Bonds
for prior redemption, all as provided in the Bond Ordinance.
ATTACHMENT 3
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3. Not less than (a) one Business Day prior to each payment date, if funds are
delivered by wire transfer, or (b) five Business Days prior to each payment date, if funds are
delivered by another method of payment, funds for the payment of the Bonds and interest
thereon are to be deposited with the Bank in an account designated “Principal and Interest
Payment Account.” The funds so deposited shall be held uninvested and applied by the Bank
through its Corporate Trust Department solely for the payment of principal of and interest on the
Bonds. From such funds, the Bank agrees to pay at the times and in the manner provided in the
Bond Ordinance and the Sale Certificate, the principal of and interest on the Bonds.
4. There is hereby created and established with the Bank an account to be
designated “City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Refunding and
Improvement Bonds, Series 2024, Costs of Issuance Fund” (the “Costs of Issuance Fund”). Into
such fund shall be deposited $[____] of the proceeds of the Bonds which shall be used to pay
costs of issuance and expenses incurred as a result of the issuance of the Bonds. The Bank is
hereby directed to pay the costs of issuance to the parties and in the amounts listed in a
requisition to be executed by the City upon presentation of an invoice from each party for the
amount listed. Moneys held as part of the Costs of Issuance Fund shall remain uninvested. Any
amounts remaining in the Costs of Issuance Fund 90 days after closing shall be transferred to
the City subject written confirmation from the City to the Bank that all costs of issuance have
been paid.
5. The City shall pay to the Bank fees in accordance with the Bank’s then
existing fee schedule. Attached to this Agreement as Exhibit A is the Bank’s current fee
schedule. No new fee schedule shall become effective until 30 days after the Bank has given the
City notice thereof.
6. Unless waived by the Bank, the City agrees to provide the Bank with not
less than 35 days’ notice of any prior redemption of the Bonds.
7. Unless agreed to by the Bank the City shall not amend the Bond
Ordinance in such a manner as to effect the rights and duties of the Bank, as Registrar or Paying
Agent hereunder or under the Bonds.
8. At least 30 but not more than 60 days prior to October [__], 2029, October
[__], 2034, and on the date on which the last Bond is discharged, the Bank shall send written
notice to the City stating that the City must: (i) compute the amount of rebatable arbitrage, if any,
- 3 -
which is due to the federal government pursuant to Sections 103 and 148(f) of the Internal
Revenue Code of 1986, as amended, and (ii) pay such amount no later than sixty days from
October [__], 2029, October [__], 2034, and the date on which the last Bond is discharged. The
Bank shall have no further obligation or duty related to the City’s arbitrage related obligations
under Sections 103 and 148(f) of the Internal Revenue Code of 1986 other than giving notice to
the City as provided herein.
9. Any moneys held by the Bank for the owners of the Bonds remaining
unclaimed for two years after principal and/or interest of the respective Bonds with respect to
which such money has been set aside has become due and payable shall without further request
by the City be paid to the City.
10. The Bank is authorized to act on the order, directions or instructions of all
such officials as the City by resolution or other proper action shall designate. The Bank shall be
protected in acting upon any paper or document believed by it to be genuine and to have been
signed by the proper official(s), and shall not be held to have notice of any change of authority of
any official until receipt of written notice thereof from the City.
11. The Bank may consult with legal counsel, including but not limited to
legal counsel for the City with respect to any matter in connection with this Agreement or the
Bonds, if, while in the performance of its duties as Registrar, Paying Agent or Transfer Agent
hereunder or under the Bonds, the Bank shall deem it necessary or desirable to do so. The Bank
shall not be liable for any action taken or omitted by it in good faith in reliance upon the advice
of such counsel.
12. No provision of this Agreement shall require the Bank to expend or risk its
own funds or otherwise incur any financial liability for performance of any of its duties hereunder,
or in the exercise of any of its rights or powers.
13. Any company or national banking association into which the Bank may be
merged or converted or with which it may be consolidated or any company or national banking
association resulting from any merger, conversion or consolidation to which it shall be a party or
any company or national banking association to which the Bank may sell or transfer all or
substantially all of its corporate trust business, provided such company shall be eligible, shall be
the successor to such Bank without the execution or filing of any paper or further act, anything
herein to the contrary notwithstanding.
- 4 -
14. This Agreement may be terminated as provided in Section 11.02 of the
Bond Ordinance.
15. In the event of any conflict between the provisions of this Agreement and
the provisions of the Bond Ordinance, the provisions of the Bond Ordinance shall be controlling.
16. This Agreement is governed by the laws of the State of Colorado.
17. All moneys received by the Bank hereunder shall be held by the Bank for
the purposes for which they were received, but need not be segregated from other funds. All such
funds held by the Bank shall be held uninvested in cash, without liability for interest.
18. The parties hereto agree that the transaction described herein may be
conducted and related documents may be stored by electronic means. Copies, telecopies,
facsimiles, electronic files and other reproductions of original executed documents shall be
deemed to be authentic and valid counterparts of such original documents for all purposes,
including the filing of any claim, action or suit in the appropriate court of law.
- 5 -
IN WITNESS WHEREOF, the Bank and the City have caused this Agreement to
be duly executed and delivered as of the day and year first above written.
CITY OF WHEAT RIDGE, COLORADO
By Mayor (SEAL)
Attest:
City Clerk
BOKF, N.A., as Registrar and Paying Agent
By Title:
- 1 -
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the City of Wheat Ridge, Colorado (the “Issuer”) in connection with the issuance of
its Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024 in the aggregate principal amount of $[_____] dated as of October [__], 2024 (the “Bonds”). The Bonds are being issued pursuant to a Bond Ordinance adopted by the City Council of the City on September 9, 2024 (the “Bond Ordinance”). The City covenants and agrees as follows:
SECTION 1. Purpose of this Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriter in complying with Rule 15c2-12(b)(5) of the Securities and Exchange Commission (the “SEC”).
SECTION 2. Definitions. In addition to the definitions set forth in the Ordinance or
parenthetically defined herein, which apply to any capitalized terms used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate.
“Dissemination Agent” shall mean any Dissemination Agent designated in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation.
“Fiscal Year” shall mean the period beginning on January 1 of a calendar year and ending on December 31 of the same calendar year, or such other 12-month period as may be adopted by the Issuer in accordance with law.
“Listed Events” shall mean any of the events listed in Section 5 of this Disclosure Certificate.
“MSRB” shall mean the Municipal Securities Rulemaking Board. As of the date hereof, the MSRB’s required method of filing is electronically via its Electronic Municipal Market Access
(EMMA) system, which is currently available at http://emma.msrb.org.
“Official Statement” means the final Official Statement prepared in connection with the Bonds.
“Participating Underwriter” shall mean the original underwriter of the Bonds required to comply with the Rule in connection with an offering of the Bonds.
“Rule” shall mean Rule 15c2-12(b)(5) adopted by the SEC under the Securities Exchange
Act of 1934, as in effect on the date of this Disclosure Certificate.
SECTION 3. Provision of Annual Reports.
ATTACHMENT 4
- 2 -
(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than nine (9) months following the end of the Issuer’s Fiscal Year, commencing nine (9) months following the end of the Issuer’s Fiscal Year ending December 31, 2023, provide to the MSRB (in an electronic
format as prescribed by the MSRB), an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than five business days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent (if the Issuer has selected one). The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure
Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report. The information to be updated may be reported in any format chosen by the Issuer: it is not required that the format reflected in the Official Statement be used in future years.
(b) If the Issuer is unable to provide to the MSRB an Annual Report by the date
required in subsection (a), the Issuer shall, in a timely manner, file or cause to be filed with the MSRB a notice in substantially the form attached to this Disclosure Certificate as Exhibit “A.”
SECTION 4. Content of Annual Reports. The Issuer’s Annual Report shall contain or incorporate by reference the following:
(a) A copy of its annual financial statements, if any, prepared in accordance with
generally accepted accounting principles audited by a firm of certified public accountants. If audited annual financial statements are not available by the time specified in Section 3(a) above, audited financial statements will be provided when and if available.
(b) An update of the type of information identified in Exhibit “B” hereto, which is contained in the tables in the Official Statement with respect to the Bonds.
Any or all of the items listed above may be incorporated by reference from other documents (including official statements), which are available to the public on the MSRB’s Internet Web Site or filed with the SEC. The Issuer shall clearly identify each such document incorporated by reference.
SECTION 5. Reporting of Listed Events. The Issuer shall file or cause to be filed with
the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of any of the events listed below with respect to the Bonds. All of the events currently mandated by the Rule are listed below; however, some may not apply to the Bonds.
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers or their failure to perform;
- 3 -
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material
events affecting the tax status of the Bonds;
(7) Modifications to rights of bondholders, if materia;l
(8) Bond calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution or sale of property securing repayment of the Bonds, if
material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership or similar event of the obligated person;*
(13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person,
other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material;
(14) Appointment of a successor or additional trustee or the change of name of a trustee, if material;
(15) Incurrence of a financial obligation† of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and
* For the purposes of the event identified in subparagraph (b)(5)(i)(C)(12) of the Rule, the event is considered to occur
when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court
or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and official or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having
supervision or jurisdiction over substantially all of the assets or business of the obligated person. † For purposes of the events identified in subparagraphs (b)(5)(i)(C)(15) and (16) of the Rule, the term “financial
obligation” is defined to mean a (A) debt obligation; (B) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (C) a guarantee of (A) or (B). The term “financial obligation” shall not include municipal securities as to which a final official statement has been otherwise provided to the MSRB consistent with the Rule. In complying with Listed Events (15) and (16), the Issuer intends to apply the guidance provided by the Rule or other applicable federal securities law, SEC Release No. 34-83885 (August 20, 2018) and any future guidance provided by the SEC or its staff.
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(16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation2 of the obligated person, any of which reflect financial difficulties.
SECTION 6. Format; Identifying Information. All documents provided to the MSRB pursuant to this Disclosure Certificate shall be in the format prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB.
As of the date of this Disclosure Certificate, all documents submitted to the MSRB must be in portable document format (PDF) files configured to permit documents to be saved, viewed,
printed and retransmitted by electronic means. In addition, such PDF files must be word-searchable, provided that diagrams, images and other non-textual elements are not required to be word-searchable.
SECTION 7. Termination of Reporting Obligation. The Issuer’s obligations under this Disclosure Certificate shall terminate upon the earliest of: (i) the date of legal defeasance, prior
redemption or payment in full of all of the Bonds; (ii) the date that the Issuer shall no longer constitute an “obligated person” within the meaning of the Rule; or (iii) the date on which those portions of the Rule which require this written undertaking are held to be invalid by a court of competent jurisdiction in a non-appealable action, have been repealed retroactively or otherwise do not apply to the Bonds.
SECTION 8. Dissemination Agent.
(a) The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist the Issuer in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. If the Issuer elects not to appoint a successor Dissemination Agent, it shall perform the duties thereof
under this Disclosure Certificate. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate and any other agreement between the Issuer and the Dissemination Agent.
(b) In addition to the filing duties on behalf of the Issuer described in this Disclosure
Certificate, the Dissemination Agent shall:
(1) each year, prior to the date for providing the Annual Report, determine the appropriate electronic format prescribed by the MSRB;
(2) send written notice to the Issuer at least 30 but no more than 60 days prior to the date the Annual Report is due stating that the Annual Report is due as
provided in Section 3(a) hereof; and
(3) certify in writing to the Issuer that the Annual Report has been provided pursuant to this Disclosure Certificate and the date it was provided.
(4) If the Annual Report (or any portion thereof) is not provided to the MSRB by the date required in Section (3)(a), the Dissemination Agent shall file
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with the MSRB a notice in substantially the form attached to this Disclosure Certificate as Exhibit A.
SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Certificate, the Issuer may amend this Disclosure Certificate and may waive any provision of this Disclosure Certificate, without the consent of the holders and beneficial owners of the Bonds, if such amendment or waiver does not, in and of itself, cause the undertakings herein (or action of any Participating Underwriter in reliance on the undertakings herein) to violate the Rule, but taking into account any subsequent change in or official interpretation of the Rule. The
Issuer will provide notice of such amendment or waiver to the MSRB.
SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event,
in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 11. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default under the Ordinance, and
the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance.
SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriter and the holders and
beneficial owners from time to time of the Bonds, and shall create no rights in any other person or
entity.
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DATE: October [__], 2024 CITY OF WHEAT RIDGE, COLORADO
By: ________________________________ Mayor
A-1
EXHIBIT “A” NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of Wheat Ridge, Colorado Name of Bond Issue: Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024, in the aggregate principal amount of $[_____]
Date of Issuance: October [__], 2024 NOTICE IS HEREBY GIVEN that the City has not provided an Annual Report with respect to the
above-named Bonds as required by the Bond Ordinance, adopted on September 9, 2024, and the Continuing Disclosure Certificate executed on October [__], 2024, by the City. The City anticipates that the Annual Report will be filed by ______________________.
Dated: ______________, _____
CITY OF WHEAT RIDGE, COLORADO By: Mayor
B-1
EXHIBIT “B” INDEX OF OFFICIAL STATEMENT TABLES TO BE UPDATED
Historical Pro-Forma Debt Service Coverage History of Total Sales and Use Tax Collections (Note: the 0.5% Sales and Use Tax revenues are to be broken out from the overall sales and use tax collections presented in this table for the years
2024 and all years thereafter in all reports due under the Continuing Disclosure Undertaking) Statement of Revenues, Expenditures and Changes in Fund Balances (General Fund) Budget to Actual Comparison (General Fund)
CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE REFUNDING AND IMPROVEMENT BONDS SERIES 2024
ESCROW AGREEMENT
DATED as of [_____], 2024, made by and between the City of Wheat Ridge,
Colorado (the “City”), legally created, established, organized and existing municipal corporation
and political subdivision of the State of Colorado (the “State”) under the Constitution of the State
and BOKF, N.A. (the “Escrow Agent”), a national banking association having and exercising full
and complete trust powers, duly organized and existing under the laws of the United States of
America, being a member of the Federal Deposit Insurance Corporation and the Federal Reserve
System.
(1) WHEREAS, the City is a legally and regularly created, established,
organized and existing municipal corporation and political subdivision of the State; and
(2) WHEREAS, the City has heretofore issued its City of Wheat Ridge,
Colorado, Sales and Use Tax Revenue Bonds, Series 2017A, originally issued in the aggregate
principal amount of $30,595,000 and currently outstanding in the aggregate principal amount of
$12,120,000 (the “Series 2017 Bonds”), such Series 2017 Bonds maturing on December 1 of each
year as follows:
Maturity
(December 1)
Principal
Amount
Interest Rate
Per Annum
2024 $3,000,000 5.00% 2025 1,500,000 3.00 2025 1,650,000 4.00 2026 3,260,000 4.00
2027 2,710,000 4.00
and;
(3) WHEREAS, the Series 2017 Bonds maturing on and after December 1,
2025, are subject to redemption prior to maturity, at the option of the City, as a whole or in integral
multiples of $5,000, in any order of maturity and in whole or partial maturities, on December 1,
2024, or on any date thereafter at a redemption price equal to the principal amount so redeemed
plus accrued interest to the redemption date without a redemption premium; and
ATTACHMENT 5
-2-
(4) WHEREAS, the City has determined that it is necessary and in the best
interest of the City and its inhabitants that the City refund that portion of the outstanding Series
2017 Bonds maturing on and after December 1, 2024, in the aggregate principal amount of
$12,120,000 (the “Refunded Bonds”) and to pay such bonds upon prior redemption on December
1, 2024 (the “Redemption Date”); and
(5) WHEREAS, the City intends to issue its City of Wheat Ridge, Colorado,
Sales and Use Tax Revenue Refunding and Improvement Bonds, Series 2024 in the aggregate
principal amount of $[_____] (the “Series 2024 Bonds” or the “Bonds”) to defray the cost of
refunding the Refunded Bonds; and
(6) WHEREAS, the City is not delinquent in the payment of the principal of,
premium of, or interest on any of the Refunded Bonds; and
(7) WHEREAS, [_______] (the “Initial Purchaser”) has submitted an offer to
purchase the Bonds which are to be issued, in part, for the purpose of 1) paying the principal and
interest due on Refunded Bonds, both accrued and not accrued, as the same becomes due on and
after the date of delivery of the Series 2024 Bonds and on or before the Redemption Date, and 2)
paying the principal of the Refunded Bonds which becomes due upon prior redemption on the
Redemption Date (the “Refunded Bond Requirements”), and to pay incidental costs thereof; and
(8) WHEREAS, the Series 2024 Bonds were authorized to be issued by an
ordinance (the “Bond Ordinance”) finally and duly adopted by the City Council of the City on
September 9, 2024; and
(9) WHEREAS, the Series 2024 Bonds were sold subject to the approving
opinion of the City’s bond counsel, Butler Snow LLP, Denver, Colorado (“bond counsel”); and
(10) WHEREAS, the City, by the Bond Ordinance, among other provisions:
(A) Authorized the issuance of the Series 2024 Bonds;
(B) Created the Escrow Account;
(C) Provided for the deposit in the Escrow Account (defined below) of
a portion of the net proceeds of the Series 2024 Bonds and other moneys in an aggregate
amount fully sufficient, together with the known minimum yield from the investment of
such moneys in bills, certificates of indebtedness, notes, bonds, or similar securities which
are direct obligations of, or the principal and interest of which are fully and unconditionally
guaranteed as to timely payment of principal and interest by, the United States, which
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obligations are not callable at the option of the issuer thereof (provided that the full faith
and credit of the United States of America has been pledged to any such direct or
unconditionally guaranteed obligations) (“Federal Securities”), other than an initial cash
balance of $[___] remaining uninvested, to pay the Refunded Bond Requirements, as set
forth therein and herein;
(D) Provided for the purchase of Federal Securities with such moneys
credited to the Escrow Account, other than such initial cash balance remaining uninvested;
and
(E) Authorized the completion and execution of this Agreement.
(11) WHEREAS, a copy of the Bond Ordinance has been delivered to the
Escrow Agent and the provisions therein set forth are herein incorporated by reference as if set
forth herein verbatim in full; and
(12) WHEREAS, the Federal Securities described in the Report have
appropriate maturities and yields to insure, together with the initial cash, the payment of the
Refunded Bond Requirements; and
(13) WHEREAS, a schedule of receipts from such Federal Securities and a
schedule of payments and disbursements in a report (the “Report”) attached hereto as Exhibit A,
demonstrate the sufficiency of the Federal Securities and initial cash for such purpose; and
(14) WHEREAS, the Bond Ordinance in effect prohibits investments in the
Escrow Account with yields exceeding the limitations of Section 148, Internal Revenue Code of
1986, as amended (the “Tax Code”) and the currently applicable regulations thereunder; and
(15) WHEREAS, in the opinion of bond counsel the Report demonstrates
compliance with Section 148 of the Tax Code and the currently applicable regulations thereunder;
and
(16) WHEREAS, the Escrow Agent is empowered to undertake the obligations
and commitments on its part herein set forth; and
(17) WHEREAS, the undersigned officers of the Escrow Agent are duly
authorized to execute and deliver this Agreement in the Escrow Agent’s name and on its behalf;
and
(18) WHEREAS, the City is empowered to undertake the obligations and
commitments on its part herein set forth; and
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(19) WHEREAS, the undersigned officers of the City are duly authorized to
execute and deliver this Agreement in the City’s name and on its behalf.
NOW, THEREFORE, THIS ESCROW AGREEMENT WITNESSETH:
That in consideration of the mutual agreements herein contained, and the payment
of the fees and costs specified in Section 9 duly paid by the City to the Escrow Agent at or before
the execution and delivery of this Agreement, the receipt of which is hereby acknowledged, and
in order to secure the payment of the Refunded Bond Requirements as the same become due, the
parties hereto mutually undertake, promise, and agree for themselves, their respective
representatives, successors and assigns, as follows:
Section 1. Creation of Escrow.
A. Simultaneously with the delivery of the Series 2024 Bonds, and subject to
their issuance, the City shall cause to be deposited with the Escrow Agent $[_____] of the Series
2024 Bond proceeds and other available moneys of the City in the amount of $[_____]. With the
amount deposited, the Escrow Agent shall purchase (to the extent not heretofore purchased) on
behalf of the City the Federal Securities described in Exhibit 1 to this Agreement (the “Initial
Federal Securities”) and shall cause the Initial Federal Securities, if any, and an initial cash balance
of $[_____] (the “initial cash”) to be credited to and accounted for in a separate trust account
designated as the “City of Wheat Ridge, Colorado, Sales and Use Tax Revenue Refunding Bonds,
Series 2024 Escrow Account” (the “Escrow Account”). Receipt of $[_____] by the Escrow Agent
to be applied as provided herein is hereby acknowledged.
B. Other Federal Securities may, at any time, be substituted for any Federal
Securities if the Initial Federal Securities are unavailable for purchase on the date of delivery of
this Escrow Agreement or if such substitution of Federal Securities is required by the Tax Code or
requested by the City and permitted by Section 148 of the Tax Code and the applicable regulations
thereunder, subject in any case to sufficiency demonstrations and yield proofs in a report of an
independent firm of certified public accountants, and subject to a favorable opinion of nationally
recognized bond counsel as to the legality of any such substitution and the continued exclusion of
interest on the Series 2024 Bonds from gross income for federal income tax purposes (except
certain alternative minimum taxes described in bond counsel’s opinion), and in any event in such
a manner so as not to increase the price which the City pays for the initial acquisition of Federal
Securities for the Escrow Account. The certified public accountant’s report, which shall be
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addressed to the City, and the Escrow Agent, and must indicate that the receipts from the substitute
Federal Securities are sufficient without any need for reinvestment to fully pay the principal of,
interest on and any prior redemption premiums due in connection with the Refunded Bonds. In
lieu of, or in addition to, substituting other Federal Securities pursuant to the preceding sentence,
moneys in an amount equal to the principal of and interest on all or any portion of such Initial
Federal Securities may be credited to the Escrow Account subject to the provisions of Section 5
hereof. Any such cash shall be deemed to be part of the initial cash. Any Federal Securities
temporarily substituted may be withdrawn from the Escrow Account when the Initial Federal
Securities are purchased and credited to the Escrow Account. Any moneys temporarily substituted
for Initial Federal Securities shall be repaid to the person advancing such moneys when such Initial
Federal Securities are purchased and credited to the Escrow Account. Similarly any temporary
advancement of moneys to the Escrow Account to pay designated Refunded Bond Requirements
because of a failure to receive promptly the principal of and interest on any Federal Securities at
their respective fixed maturity dates, or otherwise, may be repaid to the person advancing such
moneys upon the receipt by the Escrow Agent of such principal and interest payments on such
Federal Securities.
C. The initial cash, the proceeds of the Initial Federal Securities (and of any
other Federal Securities acquired as an investment or reinvestment of moneys accounted for in the
Escrow Account), and any such Federal Securities themselves (other than Federal Securities,
including the Initial Federal Securities, held as book-entries) shall be deposited with the Escrow
Agent and credited to and accounted for in the Escrow Account. The securities and moneys
accounted for therein shall be redeemed and paid out and otherwise administered by the Escrow
Agent for the benefit of the City and the owners of the Refunded Bonds as provided in this
Agreement and the Bond Ordinance.
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Section 2. Purpose of Escrow.
A. The Escrow Agent shall hold the initial cash, all Federal Securities
accounted for in the Escrow Account (other than any Federal Securities, including the Initial
Federal Securities, held as book-entries), and all moneys received from time to time as interest on
and principal of such Federal Securities (including those held as book-entries), in trust to secure
and for the payment of the Refunded Bond Requirements, as the same become due and are called
for prior redemption.
B. Except as provided in Paragraph B of Section 1 and in Section 8 hereof, the
Escrow Agent shall collect the principal of and interest on such Federal Securities promptly as
such principal and interest become due and shall apply all money so collected to the payment of
the Refunded Bond Requirements as aforesaid.
Section 3. Accounting for Escrow.
A. The moneys and the Federal Securities accounted for in the Escrow Account
shall not be subject to checks drawn by the City or otherwise subject to its order except as otherwise
provided in Paragraph B of Section 1 and in Section 8 hereof.
B. The Escrow Agent shall transfer from time to time from the Escrow
Account to the paying agent for the Refunded Bonds sufficient moneys to permit payment, without
any default, of the Refunded Bond Requirements, as provided herein without further direction
from the duly authorized officers of the City. The Escrow Agent shall never be required to advance
its own funds for payment in connection with the Refunded Bond Requirements.
C. Except as otherwise provided in Paragraph B of Section 1 of this
Agreement, there shall be no sale of any Federal Securities held hereunder, and no Federal
Securities held hereunder and callable for prior redemption at the City’s option shall be called at
any time for prior redemption, except if necessary to avoid a default in the payment of the
Refunded Bond Requirements.
Section 4. Maturities of Federal Securities.
A. Federal Securities shall not be callable by the issuer thereof and shall be
purchased in such manner:
(1) So that such Federal Securities may be redeemed in due season at their
respective maturities to meet the Refunded Bond Requirements as the same become due.
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(2) So that any sale or prior redemption of such Federal Securities shall be
unnecessary.
B. There shall be no substitution of any Federal Securities except as otherwise
provided in Paragraph B of Section 1 of this Agreement.
Section 5. Reinvestments.
A. The Escrow Agent shall reinvest the cash balances listed in the Report for
the period designated in the Report in state and local government series securities (“slgs”) (if
available) purchased directly by the Escrow Agent for the City from the United States Government
to the extent set forth in the Report. All of the slgs in which such reinvestments are made shall
bear interest at the rate of 0% per annum and shall mature on or before the date or dates when the
proceeds thereof must be available as shown on the Report for the prompt payment of the Refunded
Bond Requirements. The Escrow Agent agrees to comply with applicable regulations as are from
time to time in effect in subscribing for and purchasing such slgs.
B. In addition to or, as the case may be, in lieu of the reinvestments required
by Paragraph A of this Section 5, the Escrow Agent, at the written direction of the City, shall invest
the initial cash and shall reinvest in Federal Securities any moneys received in payment of the
principal of and interest on any Federal Securities accounted for in the Escrow Account, subject
to the limitations of Sections 1, 4 and 6 hereof and the following limitations:
(1) Any such Federal Securities shall not be subject to redemption prior to their
respective maturities at the option of their issuer.
(2) Any such Federal Securities shall mature on or prior to the date or dates
when the proceeds thereof must be available for the prompt payment of the Refunded Bond
Requirements.
(3) Under no circumstances shall any reinvestment be made under this
Paragraph B if such reinvestment, alone or in combination with any other investment or
reinvestment, violates the applicable provisions of Section 148 of the Tax Code and the rules and
regulations thereunder.
(4) The Escrow Agent shall make no such reinvestment under this Paragraph B
unless the City first obtains and furnishes to the Escrow Agent a written opinion of nationally
recognized bond counsel to the effect that such reinvestment, as described in the opinion, complies
with subparagraph (3) of this Section 5.
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(5) Except as provided in this Section 5, the Escrow Agent shall have no
obligation by virtue of this Agreement, general trust law or otherwise to make any reinvestment
of any moneys in the Escrow Account at any time.
Section 6. Sufficiency of Escrow. The moneys and Federal Securities accounted for
in the Escrow Account shall be in an amount (or have appropriate maturities and yields to produce
an amount) which at all times shall be sufficient to pay the Refunded Bond Requirements. Should
the amount in the Escrow Account at any time be insufficient to pay the Refunded Bonds
Requirements, the Escrow Agent shall notify the City of such deficiency. Upon such notification,
the City shall immediately remit to the Escrow Agent, from any available funds of the City, an
amount sufficient to cover such deficiency.
Section 7. Transfers and Redemption Notice for Refunded Bond Requirements;
Notice.
A. The Escrow Agent shall make such transfers to the paying agent for the
Refunded Bonds, as will ensure, to the extent of money in the Escrow Account properly allocable
to and available therefor, the timely payment of the Bond Requirements.
B. The City directs the Escrow Agent to give or cause the paying agent for the
Refunded Bonds to give notice of redemption of the Refunded Bonds by mailing a copy of the
notice by first class mail (postage prepaid) not more than 60 days nor less than 30 days prior to the
Redemption Date to the registered owner of each Refunded Bond to be redeemed in whole or in
part at the address shown on the registration books maintained by the registrar for the Refunded
Bonds.
Section 8. Termination of Escrow Account. When the Escrow Agent shall have
made payment or provisions for payment so that all Refunded Bond Requirements shall be or shall
have been paid to the paying agent for the Refunded Bonds, the Escrow Agent shall immediately
pay over to the City the moneys, if any, then remaining in the Escrow Account and shall make
forthwith a final report to the City. Such moneys may be used by the City for any lawful purpose,
subject to any limitations in the Bond Ordinance.
Section 9. Fees and Costs.
A. The Escrow Agent’s fees and costs for and in carrying out the provisions of
this Agreement have been fixed at $[___], which amount is to be paid at or prior to the time of the
issuance of the Series 2024 Bonds by the City, directly to the Escrow Agent as payment in full of
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all charges (except the costs of mailing and publishing notices of redemption) of the Escrow Agent
pertaining to this Agreement for services performed hereunder. In addition, the City shall pay
and/or reimburse the Escrow Agent for its costs of publishing and mailing the redemption notices
required to be given by the Escrow Agent pursuant to Subsection B of Section 7 hereof.
B. Such payment for services rendered and to be rendered by the Escrow Agent
shall not be for deposit in the Escrow Account, and the fees of and the costs incurred by the Escrow
Agent shall not be deducted from such account. The Escrow Agent shall never assert a lien on the
moneys or Federal Securities in the Escrow Account for payment for its services.
Section 10. Status Report and Rebate Notice.
A. On or before January 31, 2021, the Escrow Agent shall submit to the
Finance Director of the City a report covering all money which the Escrow Agent shall have
received and all payments which it shall have made or caused to be made hereunder during the
next preceding Fiscal Year (or such lesser amount of time as the Escrow Account shall have been
in existence).
B. Each such report (except the last report) shall also list all Federal Securities
and the amount of money accounted for in the Escrow Account on December 31 of the Fiscal Year
to which the report pertains.
C. Each such report (including the last report) shall further indicate for which
period any Federal Securities pledged to secure the repayment to the City of any uninvested
moneys were placed in pledge, as permitted by Section 12.
D. At least 30 but not more than 60 days prior to the date on which the last
Refunded Bond is discharged, the Escrow Agent shall send written notice to the City stating that
the City must: (i) compute the amount of rebatable arbitrage, if any, which is due to the federal
government pursuant to Sections 103 and 148(f) of the Internal Revenue Code of 1986, as
amended, and (ii) pay such amount no later than 60 days from the date on which the last Refunded
Bond is discharged.
Section 11. Character of Deposit.
A. It is recognized that title to the Federal Securities and money accounted for
in the Escrow Account from time to time shall remain vested in the City or in the Escrow Agent
on behalf of the City but subject always to the prior charge and lien thereon of this Agreement and
the use thereof required to be made by the provisions of this Agreement and the Bond Ordinance.
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B. The Escrow Agent shall hold all such Federal Securities (except as they may
be held as book-entries) and money in the Escrow Account as a special trust fund accounted for
separately and shall never commingle such securities or money with other securities or money held
in non-trust areas of the Escrow Agent.
Section 12. Securing Deposit.
A. The Escrow Agent may cause the Federal Securities accounted for in the
Escrow Account to be registered in the name of the Escrow Agent for payment, if they are
registrable for payment.
B. No money paid into and accounted for in the Escrow Account shall ever be
considered as an asset of the Escrow Agent and the Escrow Agent shall have no right or title with
respect thereto except as provided herein.
Section 13. Purchaser’s Responsibility. The Purchaser and holders from time to time
of the Series 2024 Bonds shall in no manner be responsible for the application or disposition of
the proceeds thereof or any moneys or Federal Securities accounted for in the Escrow Account.
Section 14. Amendment.
A. The Bonds shall be issued in reliance upon this Agreement and except as
herein provided, this Agreement shall be irrevocable and not subject to amendment after any of
the Series 2024 Bonds shall have been issued, except as provided herein.
B. The provisions of this Escrow Agreement cannot be amended, waived or
modified except to correct ambiguities or to add to the protection of the owners of the Series 2024
Bonds or the Refunded Bonds and such amendments shall be in writing executed by the parties
hereto. Copies of any modification or amendment to this Agreement shall be sent at least 10 days
prior to the effective date thereof to any rating agency then maintaining a rating on the Series 2024
Bonds.
Section 15. Exculpatory Provisions.
A. The duties and responsibilities of the Escrow Agent are limited to those
expressly and specifically stated in this Agreement.
B. The Escrow Agent and any of its officers, agents or employees shall not be
liable or responsible for any loss resulting from any investment or reinvestment made pursuant to
this Escrow Agreement and made in compliance with the provisions hereof.
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C. The Escrow Agent and any of its officers, agents or employees shall not be
personally liable or responsible for any act which it may do or omit to do hereunder, while acting
with reasonable care, except for duties expressly imposed upon the Escrow Agent hereunder or as
otherwise expressly provided herein.
D. The Escrow Agent shall neither be under any obligation to inquire into or
be in any way responsible for the performance or nonperformance by the City of any of its
obligations, nor shall the Escrow Agent be responsible in any manner for the recitals or statements
contained in this Agreement, in the Bond Ordinance, in the Refunded Bonds, or in any proceedings
taken in connection therewith, such recitals and statements being made solely by the City.
E. Nothing in this Agreement creates any obligation or liabilities on the part of
the Escrow Agent to anyone other than the City and the holders of the Refunded Bonds and the
Series 2024 Bonds.
Section 16. Time of Essence. Time is of the essence in the performance of the
obligations from time to time imposed upon the Escrow Agent by this Agreement.
Section 17. Successors.
A. Whenever in this Agreement the City or the Escrow Agent is named or is
referred to, such provision is deemed to include any successor of the City or the Escrow Agent,
respectively, immediate or intermediate, whether so expressed or not.
B. All of the stipulations, obligations and agreements by or on behalf of and
other provisions for the benefit of the City or the Escrow Agent contained in this Agreement:
(1) Shall bind and inure to the benefit of any such successor, and
(2) Shall bind and inure to the benefit of any officer, board, authority,
agent, or instrumentality to whom or to which there shall be transferred by or in accordance with
law any relevant right, power or duty of the City or the Escrow Agent, respectively, or of its
successor.
Section 18. Severability. If any section, paragraph, clause, or provision of this
Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall not affect any of the
remaining provisions of this Agreement.
Section 19. Notices. Any notice to be given hereunder shall be delivered personally or
mailed postage prepaid, return receipt requested, to the following addresses:
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If to the City: City of Wheat Ridge, Colorado 7500 W. 29th Avenue.
Wheat Ridge, Colorado 80033 Attention: City Manager
If to the Escrow Agent: BOKF, N.A. [NOTICE ADDRESS]
or to such other address as any party may, by written notice to the other party, hereafter specify.
Any notice shall be deemed to be given upon mailing.
Section 20. Electronic Storage. The parties hereto agree that the transaction described
herein may be conducted and related documents may be stored by electronic means. Copies,
telecopies, facsimiles, electronic files and other reproductions of original executed documents shall
be deemed to be authentic and valid counterparts of such original documents for all purposes,
including the filing of any claim, action or suit in the appropriate court of law.
Section 21. Jurisdiction and Venue. The rights of the City under this Agreement shall
be deemed to be a contract made under and shall be construed in accordance with and governed
by the laws of the State of Colorado. Jurisdiction and venue for any disputes related to this
Agreement shall be in United States District Court for the District of Colorado.
Section 22. Exercise of Option. The City Council of the City has elected in the Bond
Ordinance to exercise on the behalf and in the name of the City its option to redeem the Refunded
Bonds on the Redemption Date. The City hereby authorizes and directs BOKF, N.A., Denver,
Colorado, as registrar for such Refunded Bonds, to give notice of refunding, defeasance and
redemption of the Refunded Bonds to the registered owners of the Refunded Bonds in accordance
with the provisions of the Ordinance authorizing the issuance of the Refunded Bonds.
Section 23. Electronic Transactions. The parties hereto agree that the transaction
described herein may be conducted and related documents may be stored by electronic
means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed
documents shall be deemed to be authentic and valid counterparts of such original documents for
all purposes, including the filing of any claim, action or suit in the appropriate court of law.
Section 24. Form of Notice. The notice so to be given shall be in substantially the
following form:
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(Form of Notice)
NOTICE OF REFUNDING, DEFEASANCE AND PRIOR REDEMPTION
CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS SERIES 2017
CUSIP NUMBER: 96255N AH2, AJ8, AM1, AK5, AL3
NOTICE IS HEREBY GIVEN that the City of Wheat Ridge, Summit County, State of
Colorado (the “City”) will cause to be deposited in escrow with BOKF, N.A., Denver, Colorado (the
“Escrow Agent”), refunding bond proceeds and other moneys which will be invested (except for a small
initial cash balance remaining uninvested) in certificates of indebtedness, notes, bonds and similar securities
which are direct obligations of, or obligations the principal or and interest on which are unconditionally
guaranteed by, the United States of America to refund, pay, redeem and discharge a portion of the principal
and interest in connection with the City’s Sales and Use Tax Revenue Bonds, Series 2017 (the “Series 2017
Bonds”), as more particularly described below.
$12,120,000 of the Series 2017 Bonds maturing on and after December 1, 2024 as shown
below (the “Refunded Bonds”) will be paid at maturity or called for prior redemption on December 1, 2024
(the “Redemption Date”). On the Redemption Date, the principal of such Refunded Bonds and accrued
interest to the Redemption Date, will become due and payable at the principal operations office of the
paying agent for the Series Bonds, BOKF, N.A. (the “Paying Agent”), and thereafter interest will cease to
accrue. The Refunded Bonds will be redeemed without a premium.
Maturity
(December 1)
Principal
Amount
Interest Rate
Per Annum
2024 $3,000,000 5.00% 2025 1,500,000 3.00 2025 1,650,000 4.00 2026 3,260,000 4.00
2027 2,710,000 4.00
According to a report of a firm of certified public accountants, licensed to practice in
Colorado, the escrow, including the known minimum yield from such investments and any temporary
reinvestments and the initial cash balance remaining uninvested, will be fully sufficient at the time of the
deposit and at all times subsequent, to pay the principal amount of the respective Refunded Bonds on the
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respective Redemption Dates, and interest accruing on and after the date of the deposit and on and before
the Redemption Dates.
Pursuant to federal law, the Paying Agent is required to withhold a portion of the principal
of your bond redeemed unless the Paying Agent is provided with your Social Security Number or Taxpayer
Identification Number, properly certified or submitted on a Form W-9. A completed Form W-9 should be
presented with your bond.
The above-referenced CUSIP numbers were assigned to this issue by Standard & Poor’s
Corporation and are intended solely for bondholders’ convenience. Neither the Paying Agent nor the City
shall be responsible for selection or use of the CUSIP numbers, nor is any representation made as to their
correctness on the Refunded Bonds or as indicated in any redemption notice.
Dated ___________, 2024.
BOKF, N.A.
By: Title: Senior Vice President
(End Form of Notice)
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IN WITNESS WHEREOF, the City of Wheat Ridge has caused this Escrow Agreement to be
signed in the City’s corporate name by its Mayor and to be attested by its City Clerk, with the seal
thereof hereunto affixed; and BOKF, N.A., has caused this Escrow Agreement to be signed in its
corporate name by one of its authorized officers, and sealed with its corporate seal, all as of the day
and year first above written.
CITY OF WHEAT RIDGE, COLORADO
By:
Mayor (SEAL)
Attest:
City Clerk
BOKF, N.A.
By: ____________________________________ Senior Vice President
A-1
EXHIBIT A Escrow Verification Report
Immediate 2J Projects (2025-2027) & Associated Funding Needs
PROJECT EXPENDITURE (millions) EXPLANATION
Emergency Storm Sewer Repair $1.0 Payback for previously advanced funds
Emergency Storm Sewer Repair $3.0 Loca�ons are unknown; repairs will be completed as issues arise
Pavement Maintenance $8.0 2025-2027 construc�on costs for various maintenance ac�vi�es to city
streets, by zone
Sidewalk Repair $1.8 2025-2027 construc�on costs for repairs in accordance with Concrete
Program Guidelines, by zone
ADA Ramp Replacement $0.9 2025-2027 construc�on costs for installa�on at loca�ons where no ramps
exist or loca�ons where current ramps do not meet ADA requirements,
by zone
Sidewalk Gap Construction $5.0 Design & construc�on costs
West Group of priority segments, west of Kipling
Central Group of priority segments, between Kipling & Wadsworth
East Group of priority segments, east of Wadsworth
W 35th Ave Multi-Modal Improvements $5.5 Partially funded TIP project ($1.975 federal, $2.475 state, and $0.5M local)
for environmental, design, and ROW. Additional $5M for construction
(assume 100% from city).
44th Ave & 38th Ave Safety Improvements (including
intersection tightening at Dover & Carr)
$0.4 SS4A grant match to complete design & construc�on
38th Ave “Refresh” (Wadsworth to Harlan) $1.5 Complete traffic analysis, property owner engagement, and 100% design
Tabor St Multi-Modal Improvements $0.5 Complete design; TIP funding with 10% City match
38th West Improvements (Youngfield to Kipling) $1.4 Complete final design
Roundabout – 26th & Harlan $0.5 City contribution of approx.. 50% of design & construction costs
Contingency (10%) $2.9 Allowance for cost overruns & unknown items
TOTAL $32.4
ATTACHMENT 6
ITEM NO: 7
DATE: August 26, 2024
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 19-2024 – AN ORDINANCE AMENDING TITLE 19 ARTICLE IV OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST OR ABANDONED PROPERTY
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/26/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/09/2024) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Police Chief City Manager
ISSUE: A discrepancy exists between Code sections 19-80 and 19-77 of the Wheat Ridge Code of Laws concerning the disposition of lost or abandoned property. To correct that discrepancy, the Wheat Ridge Police Department is requesting that Code section 19-80 be amended to render it consistent
with Code section 19-77 and the standard operating procedures of the police department. PRIOR ACTION: None
BACKGROUND: The current wording of the first paragraph of Section 19-80 of the Code reads as follows: “If property held in custody remains unclaimed sixty (60) days after such property is no longer required to be held in evidence pursuant to Section 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter
of notice provided for in Section 19-79, whichever is the longer time, such property may be retained by the police department and kept for use by the city for training programs or otherwise, or disposed of from time to time by the chief of police or his designee as follows…”
CAF - Amendment to Code Section 19-80 August 26, 2024 Page 2
The wording implies that, regardless of whether or not an owner is mailed notifying that the department is in possession of their property, the property must be held for 60 days.
This wording does not align with standard operating procedure, Section 19-77 of the Municipal Code, nor the ordinances of other municipalities (see Arvada Code of Ordinances Section 62-95(a)(1) and Lakewood Municipal Code 9.02.060). The discrepancy can be corrected by striking out the phrase, “whichever is the longer time” from
Code section 19-80 as described in the ordinance. FINANCIAL IMPACT: None RECOMMENDATION: It is recommended that the City Council approve the amendment to Code section 19-80 to render it consistent with Code section 19-77 and the standard operating procedures of the police department. RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2024, – an ordinance amending Title 19 Article IV of the Wheat Ridge Code of Laws concerning disposition of lost or abandoned property on first reading, order it published public hearing set for Monday, September 9, 2024 at 6:30 p.m. as a virtual
meeting and in City Council Chambers and that it take effect fifteen (15) days after final
publication.” Or,
“I move to table indefinitely Council Bill No. 19-2024, – an ordinance amending Title 19 Article
IV of the Wheat Ridge Code of Laws concerning disposition of lost or abandoned property, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Division Chief
Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 19-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 19
ORDINANCE NO. 1804 Series 2024 TITLE: AN ORDINANCE AMENDING TITLE 19 ARTICLE IV OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST OR
ABANDONED PROPERTY
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances
for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously
adopted Article IV of Title 19 of the Code of Laws concerning lost or abandoned
property; and
WHEREAS, the Council wishes to amend Code section 19-80 to render it
consistent with Code section 19-79 and standard operating procedures of the
Police Department.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. The introductory paragraph of Code section 19-80 is amended to read:
Sec. 19-80. - Disposition if OF unclaimed.
If property held in custody remains unclaimed sixty (60) days after such
property is no longer required to be held in evidence pursuant to section 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter of notice provided for in section 19-79, whichever is the longer time, such
property may be retained by the police department and kept for use by the
city for training programs or otherwise, or disposed of from time to time by the chief of police or his designee as follows:
(1) . . .
Section 2. Severability, Conflicting 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this 26th day of August 2024, 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 September 9, 2024 at 6:30 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 ___ to ___, this _____ day of ______________, 2024.
SIGNED by the Mayor on this _____ day of ____________, 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Senior Deputy City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: August 27, 2024 Second Publication: September 10, 2024 Effective Date: September 25, 2024
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 8
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 40-2024 – A RESOLUTION AMENDING THE CITY’S ADMINISTRATIVE FINE SCHEDULE TO PROVIDE A FINE SCHEDULE FOR SHORT-TERM RENTAL CODE
VIOLATIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ _______ Deputy City Manager City Manager ISSUE: City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Through the implementation of the program, both members of Council and staff identified the need for a Short-Term Rental (STR) fine schedule to facilitate code enforcement and compliance. This resolution is based on direction received from City Council
on June 3, 2024, when Council asked staff to bring forth a fine schedule that reflected the commercial nature of the STR program. Council is asked to adopt this by Resolution as an amendment to the 2024 fee schedule that was presented as part of the budget. PRIOR ACTION:
Council approved Ordinance 1709 on February 22, 2021, enacting licensing requirements for STRs in Wheat Ridge. The licensing provisions of the ordinance became effective on May 1, 2021, and STR hosts were required to begin collecting and remitting lodgers’ tax on August 1, 2021.
Council approved Ordinance 1778 on October 9, 2023 broadening accountability beyond a
property’s legal owner or “host” to include any individual who has ownership, possession, or control
Council Action Form – Short-Term Rental Fine Schedule August 26, 2024 Page 2
of the premises, and providing additional clarity concerning the prohibition of operating or advertising an STR without a license.
Council provided consensus for a STR fine schedule at the Study Session on June 3, 2024.
FINANCIAL IMPACT: STRs generate approximately $35,000 in licensing fees and $800,000 in lodgers’ tax annually. 50% of the STR lodgers’ tax is placed in the Wheat Ridge Housing Fund, 30% is placed in the Crime Prevention Fund and 20% is placed in the Capital Improvement Program Fund. While
additional revenue is not the goal of the STR compliance program, it is anticipated the adoption of a STR fine schedule will result in approximately $10,000 in annual fines based on known program compliance issues. BACKGROUND:
Council approved Ordinance 1709 on February 22, 2021, enacting licensing requirements for STRs in Wheat Ridge. STR regulations are contained in Sections 11-500-506 and 26-645. The licensing provisions of the ordinance became effective on May 1, 2021, and STR hosts were required to begin collecting and remitting lodgers’ tax on August 1, 2021. The City uses a GovOS platform called LodgingRevs to facilitate STR host licensing and lodgers’ tax remittance.
Additionally, LodgingRevs uses artificial intelligence to scan the internet and certain websites for suspected unlicensed STR activity in Wheat Ridge and provides staff with those listings for further investigation. A compliance officer was hired in late 2023 to facilitate and enforce the City’s STR regulations. Staff quickly realized that in addition to the administrative remedies afforded by the
Code, a fine schedule was needed as an additional remedy to strengthen enforcement and
compliance efforts.
At the June 3, 2024 study session, staff recommended the implementation of a fine schedule that mirrored the existing Code Enforcement fine schedule as follows:
• 1st Time Violator – Notice of Violation (NOV) (10 Days to Comply)
• 2nd Time Violator - $150.00 Fine (10 Days to Comply)
• 3rd Time Violator - $250.00 Fine (10 Days to Comply)
• 4th Time Violator - $500.00 Fine (10 Days to Comply)
• 5th Time Violator – Court Summons if previous NOV or fines have not cured the violation or if the property is deemed to be a life safety threat to the public. Council provided direction to increase the fines per violation because STRs are commercial in nature
and can yield a high return for non-compliant hosts. With that feedback, staff recommends the following after an initial notice of violation to a first-time violator: Description
1st Citation $300.00
2nd Citation $600.00 3rd Citation $1,000.00
Council Action Form – Short-Term Rental Fine Schedule August 26, 2024 Page 3
Should the third citation not cure the violation, the violator will receive a court summons.
Council approves the fee schedule each year as part of the budget process. As this is an amendment to the fine schedule outside of the budget process, Council is asked to approve this new STR-
specific fine schedule by Resolution. Starting in 2025, these fines will be listed in the fee schedule and included in the budget.
RECOMMENDATION: Staff recommends approval of this resolution to adopt and enact a STR fine schedule.
RECOMMENDED MOTION:
“I move to approve Resolution No. 40-2024 – a resolution amending the City’s administrative fine schedule to provide a fine schedule for short-term rental code violations,” Or,
“I move to postpone indefinitely Resolution No. 40-2024 – a resolution amending the City’s
administrative fine schedule to provide a fine schedule for short-term rental code violations for the following reason(s) __________________.”
REPORT PREPARED AND REVIEWED BY: Leo Lopez, Compliance Officer Rachel Monte, Revenue Supervisor
Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 40-2024
ATTACHMENT 1
CITY OF WHEAT RIDGE RESOLUTION NO. 40 Series of 2024
TITLE: A RESOLUTION AMENDING THE CITY’S ADMINISTRATIVE FINE SCHEDULE TO PROVIDE A FINE SCHEDULE FOR SHORT-TERM RENTAL CODE VIOLATIONS
WHEREAS, Article V, Chapter 2 of the Wheat Ridge Code of Laws (“Code”) establishes an administrative citation enforcement program; and
WHEREAS, the City Council (“Council”) has recently adopted Ordinances 1778 and 1802 to provide staff with stronger enforcement mechanisms for those persons that violate the City’s short-term rental (“STR”) licensing program codified as Article XIV, Chapter 11 of the Code; and
WHEREAS, a STR-based code violation fine schedule is necessary to facilitate the compliance and enforcement of Chapter 11 and Section 26-645 of the City’s Code of Laws; and
WHEREAS, Code Section 2-92 authorizes the City Manager to develop guidelines for administrative fines arising under Article V, Chapter 2 subject to the approval of the City Council; and
WHEREAS, Code Section 2-92 limits the Council’s ability to amend the schedule of fines to no more than once per year; and
WHEREAS, the fine schedule previously adopted on October 9, 2023 has notbeen subsequently amended by the Council; and
WHEREAS, the Council desires to amend the administrative fine schedule to address and adequately fine and deter future STR Code violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Fee/Fine Schedule Approved. The First Amended 2024 Fee/Fine Schedule is hereby approved in the form attached as Attachment 1.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
DONE AND RESOLVED by the City Council this 26th day of August 2024.
______________________Bud Starker, Mayor ATTEST:
____________________________ Margy Greer, Sr. Deputy City Clerk
First Amended 2024 Fee/Fine Schedule
Description
1st Citation $300.00 2nd Citation $600.00 3rd Citation $1,000.00
ITEM NO: 9
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 41-2024 – A RESOLUTION AMENDING THE 2024 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $200,000 FOR THE
PURPOSE OF ACCEPTING CONGRESSIONALLY DIRECTED
SPENDING FOR THE CLEAR CREEK MAKERSPACE PHASE II PROJECT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ City Manager ISSUE:
In 2023, staff submitted applications to Wheat Ridge’s Federal Delegation for $200,000 in
Congressional Directed Spending (CDS) for the Localworks Clear Creek Makerspace Phase II Project. This project was recommended by Senator Hickenlooper and approved by Congress for Fiscal Year 2024.
PRIOR ACTION:
None FINANCIAL IMPACT: In May 2024, the City was notified that they would be a recipient of $200,000 of CDS under the
FY24 Community Project Fund. This project is funded through the Small Business
Administration federal agency and will be transferred to Localworks for the Clear Creek Makerspace Phase II Project.
Council Action Form – Makerspace CDS August 26, 2024 Page 2
BACKGROUND: In 2023, City staff submitted applications to Wheat Ridge’s House Representative and Senators for $200,000 in Congressional Directed Spending (CDS) for the Localworks Clear Creek
Makerspace Phase II Project. This project was recommended by Senator Hickenlooper and approved by Congress for fiscal Year 2024. Per the Consolidated Appropriations Act of 2024, the City of Wheat Ridge was identified as a recipient to be awarded under the “FY24 Community Project Fund”.
Clear Creek Makerspace (CCM) is a joint project with the City of Wheat Ridge and Localworks, a local non-profit that partners with the City, local businesses, and residents to advance Wheat Ridge as a vibrant and sustainable community. The CCM launched in 2022 to address a community-identified need for accessible creative opportunities, as well as a skill-specific workforce.
The City, Localworks and CCM aim to address these needs by providing a space, with important equipment and programming and microgrant opportunities, for individuals and small businesses to use to grow their creativity for both recreational and business purposes. Additionally, the CCM will include trade-skills programming and development opportunities, including welding
and woodworking, as well as a creative space for community members, helping them develop specialized skills. Phase I of CCM allows users to learn a new hobby, enhance an existing fabrication process, or begin the early proof of concept phase of a physical startup. User needs at this stage typically
entail basic and moderately advanced equipment such as table saws, 3D printers and desktop laser cutters. Phase I is fully funded and in motion. Phase II is for users who have created a product proof of concept or have sufficiently mastered a hobby to the point of being able to sell their creations and typically involves the development of
a manufacturing process. This step can present a massive barrier to many users and inhibit
potential for great economic and business development in communities. Phase II CCM includes purchasing advanced equipment to enable small scale manufacturing. This equipment would include items such as a Desktop Injection Molding Machine, a 5 Axis CNC Mill, a CNC Router Table, A Laser Cutter, and a Large Format 3D Printer, and a ‘Print Farm’ consisting of multiple
smaller 3D Printers. These tools would allow users to create factory quality products at a fraction
of the cost and commitment of a normal production run. The completion of the Phase II build out allows CCM to transform from a community-centered launchpad into a full scale manufacturing site for local business startups. This innovative concept has been explored to shorten the runway to operation for small businesses, allowing users to start
manufacturing their product at a very small upfront commitment. In addition to this reduced bottom line, users of the Phase II Clear Creek Makerspace benefit from community input, staff mentors, and training sessions on this advanced equipment.
Council Action Form – Makerspace CDS August 26, 2024 Page 3
RECOMMENDATION: Staff recommends City Council approve the budget supplemental of $200,000 to accept the Congressionally Directed Spending funds for Clear Creek Makerspace Phase II. RECOMMENDED MOTION: “I move to approve Resolution No. 41-2024, a resolution amending the 2024 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $200,000 for the purpose of accepting Congressionally Directed Spending
for the Clear Creek Makerspace Phase II Project.”
Or, “I move to table indefinitely Resolution No. 41-2024, a resolution amending the 2024 Fiscal Year General Fund budget to reflect the approval of a supplemental budget
appropriation in the amount of $200,000 for the purpose of accepting Congressionally
Directed Spending for the Clear Creek Makerspace Phase II Project for the following reason(s) _______________________________________________________.” REPORT PREPARED AND REVIEWED BY:
Marianne Schilling, Assistant City Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 41-2024
2. Clear Creek Makerspace Phase II Project Narrative
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2024
TITLE: A RESOLUTION AMENDING THE 2024 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $200,000 FOR THE PURPOSE OF ACCEPTING
CONGRESSIONALLY DIRECTED SPENDING FOR THE CLEAR CREEK MAKERSPACE PHASE II PROJECT
WHEREAS, the City of Wheat Ridge has partnered with Localworks to support local creatives and entrepreneurs through its Clear Creek Makerspace; and
WHEREAS, Phase I of the Clear Creek Makerspace supports users as they
learn a new hobby, enhance an existing fabrication process, or begin the early proof of concept phase of a physical startup, and Phase II allows Clear Creek Makerspace to become a community-centered launchpad into full scale manufacturing for local business startups, and
WHEREAS, H.R.4366 - Consolidated Appropriations Act, 2024 provides funding
to the Small Business Administration for local governments and nonprofits in support of
small business, including but not limited to entrepreneur training, workforce development, counseling, research and construction or acquisition of facilities; and
WHEREAS, City staff submitted applications to Wheat Ridge’s House Representative and Senators for $200,000 in Congressional Directed Spending for the
Localworks Clear Creek Makerspace Phase II Project, and
WHEREAS, the City of Wheat Ridge was awarded $200,000 in funds in Congressionally Directed Spending under the FY24 Community Project Fund through the Small Business Administration; and
WHEREAS, the Council therefore wishes to accept the Congressionally Directed
Spending funds for the purpose of funding Clear Creek Makerspace Phase II, as set forth herein; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $200,000 is hereby approved from the General Fund undesignated reserves to account 01-105-700-721 for the purpose of funding Clear Creek Makerspace Phase II.
ATTACHMENT 1
DONE AND RESOLVED this 26th day of August 2024.
Bud Starker, Mayor
ATTEST:
______ Margy Greer, Sr. Deputy City Clerk
Clear Creek Makerspace
Budget Narrative
In accordance with our application for $200,000 of funding, this budget narrative provides
greater detail on each line item of dollars spent for programming, personnel and equipment,
following the Phase II launch of the Clear Creek Makerspace project.
Phase II and our budget reflects all purchases and implementation from January 1st,
2025-December 31st, 2025.
Localworks will spend $100,000 on new equipment purchases that will launch a greater focus
on the development and manufacturing support and needs that are within Clear Creek
Makerspace (CCM). Equipment upgrades are detailed by shop:
● Woodshop
○ $18,000- advanced capacity building equipment to allow professional industry
focused makers thrive.
○ $5,000- Wooden lathe
○ $2,000- Advanced miter saw
● Metal Shop
○ $7,000- advanced welding shop upgrade (equipment, new proper PPE, supplies)
increases capacity of overall metal shop tools available and access to greater
professional industry and prototyping standards and capabilities.
○ $15,000- building power update (240v power required for advanced welding shop
upgrade)
○ $8,000- CNC Plasma Cutter
○ $12,400- Bridgeport mill w/accessories
○ Bandsaw- $4,000
○ Floor drill press- $600
● Fab Lab
○ $500- Electronics bench upgrades
○ $1,000- Advanced electronics equipment
○ $500– enhanced member project storage
ATTACHMENT 2
○ $2,000- 3D printer upgrades
● General upgrades
○ $24,000- this is to cover shipping and handling for all equipment above, setup
fees for appropriate equipment, equipment repairs and maintenance.
Localworks will spend $100,000 on programming personnel additions to support the growth of
Clear Creek Makerspace and the new technology that will be within the space.
At $23.75 an hour, Localworks will hire a Makerspace Mentor/Assistant position that will be
responsible for handling much of the training that is required for the new machines, including
training staff and members, while also supporting the programming operations of the space,
including but not limited to recruiting instructors and scheduling classes and workshops for
members. The total allotted salary amount of $29,640.00 is based upon a 24-hour work week. It
is anticipated that the Makerspace Manager position will be affected by the addition of the new
equipment. 365 hours have been allocated for the Makerspace Manager to spend on training on
the new equipment and working with the Makerspace Mentor/Assistant for operational success.
The fringe benefits for the Makerspace Manager are calculated based upon the average fringe
benefit rate per hour in accordance to employee total yearly salary.
Programming support comes in a total of $200,000. $27,500 is forecasted to be used for
instructor compensation. This number is based on ten instructors receiving on average $100 an
hour for teaching workshops and specialty classes. CCM will also provide career coaches to
help members in both an individual and group setting take the next step in the manufacturing
process and/or prototyping process they are creating inside of CCM, to continue to bolster small
business creation in the Denver-Metro area. Two career coaches are set to be contracted and
will receive a $3500 payment, ($7500 total) for all services they provide for an entire calendar
year. The rest of the program budget forecasts spending on consumable materials that will be
used during classes,( filament for 3D printers, wood, metal, PPE etc.) and lesson materials
(print, online training courses, software and licenses) and workshop class and advertising,
including print and digital ads.
ITEM NO: 10
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2024 – A RESOLUTION SUPPORTING THE JEFFCO HOUSING BLUEPRINT, A COLLABORATIVE PLAN TO INCREASE HOUSING OPTIONS THAT ARE
AFFORDABLE IN JEFFERSON COUNTY AND FACILITATE
PARTNERSHIPS ACROSS JURISDICTIONS AND AGENCIES
WITHIN JEFFERSON COUNTY
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________ City Manager ISSUE:
A 2022 Housing Needs Assessment Study commissioned by Colorado Gives Foundation (CGF) recommended convening key stakeholders across Jefferson County to explore strategic actions, develop partnerships, support county-wide housing efforts, and pursue additional state and federal resources. In response, CGF launched the Jeffco Housing Steering Committee in 2022 to create an innovate approach to housing throughout the county, focusing specifically on housing
for residents earning 60-120% of the area median income. City Council is asked to endorse the Jeffco Housing Blueprint in support of the housing goals and strategies for Jefferson County. PRIOR ACTION:
None
FINANCIAL IMPACT: None
Council Action Form – Jeffco Housing Blueprint August 26, 2024 Page 2
BACKGROUND: Jefferson County (Jeffco) faces a serious housing affordability crisis. According to 2019 data referenced in Jefferson County’s 2020-2024 Consolidated Plan and 2020 Action Plan, Jeffco is
short more than 20,000 housing units. In addition, median home prices in Jeffco are 50% higher than the national average. This high cost of housing paired with the county’s shortage puts a lot of pressure on middle income households, especially those earning 60-120% of the area median income (AMI). Many of these residents, including teachers, nurses, police officers and first responders, are considered cost-burdened, meaning they spend more than 30% of their income
on housing costs, which makes it difficult for them to afford other necessities. In Jeffco as of 2024, 60-120% AMI is $54,780 - $109,560 for a one-person household or $78,240 - $156,480 for a four-person household. This income places residents in a squeeze – their income is too high for traditional subsidies but too low for market-rate housing. With a
significant gap in housing that is affordable for these residents, addressing their needs specifically will bridge the affordability gap, enabling inclusive and healthy local economies and a thriving county poised for growth. The Colorado Gives Foundation (CGF) launched the Jeffco Housing Advocacy Steering
Committee in 2022. The Committee is composed of elected officials and community leaders across the county to develop and implement strategies that increase the availability of safe and affordable housing for all residents, focusing specifically on housing for residents earning 60-120% AMI.
To support these goals, the Committee drafted the Jeffco Affordable Housing Blueprint to serve as a regional plan for increasing affordable middle-income housing in Jeffco. Anchored by three pillars – Community Input and Engagement; Best Practices in Policy and Program Development; and Advancing Inter-Jurisdictional Collaboration – the Blueprint reflects shared values of
partnership, flexibility, and respect for local priorities, guiding efforts towards a resilient,
enduring solution to Jeffco’s housing crisis. RECOMMENDATION: Staff recommends City Council approve the resolution endorsing the Jeffco Housing Blueprint
to support the housing goals and strategies for Jefferson County. RECOMMENDED MOTION: “I move to approve Resolution No. 42-2024, a resolution supporting the JeffCo Housing Blueprint, a collaborative plan to increase housing options that are affordable in Jefferson
County and facilitate partnerships across jurisdictions and agencies within Jefferson
County.”
Or, “I move to table indefinitely Resolution No. 41-2024, a resolution supporting the JeffCo Housing Blueprint, a collaborative plan to increase housing options that are affordable in
Council Action Form – Jeffco Housing Blueprint August 26, 2024 Page 3
Jefferson County and facilitate partnerships across jurisdictions and agencies within Jefferson County for the following reason(s) ________________________________.” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 42-2024
2. Interim JeffCo Housing Blueprint
ATTACHMENT 1
CITY OF WHEAT RIDGE
RESOLUTION NO. 42 Series of 2024
TITLE: A RESOLUTION SUPPORTING THE JEFFCO HOUSING BLUEPRINT, A COLLABORATIVE PLAN TO INCREASE HOUSING OPTIONS THAT ARE AFFORDABLE IN JEFFERSON COUNTY AND FACILITATE
PARTNERSHIPS ACROSS JURISDICTIONS AND AGENCIES WITHIN JEFFERSON COUNTY
WHEREAS, in 2023, City Council adopted the Wheat Ridge Affordable Housing Strategy and Action Plan as a guiding document to address housing affordability in Wheat Ridge; and
WHEREAS, Jefferson County is experiencing a significant shortfall of more than 20,000 housing units, and median home prices in Jefferson County are 50% higher than the national average; and
WHEREAS, the high cost of housing puts significant pressure on middle-income households, especially those earning 60-120% of the area median income; and
WHEREAS, the Wheat Ridge Mayor and City Council understand that a lack of
options for housing that is affordable is a challenge in every community in the county; and
WHEREAS, the Wheat Ridge Mayor and City Council agree that addressing these housing needs will be more successful and effective through partnership and collaboration; and
WHEREAS, the JeffCo Affordable Housing Blueprint was developed in spirit of
partnership and collaboration and is a thoughtful and effective strategy to increase housing that is affordable in Jefferson County.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge support the JeffCo Affordable Housing Blueprint and will work
collaboratively with stakeholders throughout the county to advance the strategies set forth in the Blueprint plan.
DONE AND RESOLVED by the City Council this 26th day of August 2024.
______________________
Bud Starker, Mayor ATTEST: ____________________________
Margy Greer, Sr. Deputy City Clerk
Working togeth
e
r
for affordabili
t
y
ATTACHMENT 2
Overview
Jefferson County (Jeffco) faces a serious housing affordability crisis. According to 2019 data referenced in Jefferson County’s 2020-2024 Consolidated Plan and 2020 Action Plan, Jeffco is short more than 20,000 housing units. In addition, median home prices in Jeffco are 50% higher than the national average. This high cost of housing paired with the county’s shortage puts a lot of pressure on middle-income households, especially those earning 60-120% of the AreaMedian Income (AMI).Many of these residents, including teachers, nurses,police officers and first responders, are consideredcost-burdened, meaning they spend more that 30%of their income on housing costs, which makes itdifficult for them to afford other necessities.
In Jeffco as of 2024, 60-120% AMI is $54,780-109,560 for a one-person household or $78,240-156,480 for a
four-person household. This income places residents in a squeeze – their income is too high for traditional subsidies but too low for market-rate housing. With a significant gap in housing that is affordable for these residents, addressing their needs specifically will bridge the affordability gap, enabling inclusive and healthy local economies and a thriving county poised for growth.
A 2022 Housing Needs Assessment Study (Study), commissioned by Colorado Gives Foundation (CGF), recommended convening key stakeholders across the county to explore strategic actions, develop partnerships, support county-wide housing efforts, and pursue additional state and federal resources. In response, CGF launched the Jeffco Housing Advocacy Steering Committee (Committee) in 2022 to create an innovative approach to housing throughout the county, focusing specifically on housing for residents earning 60-120% AMI.
Phases
Phase 1 » Jeffco Housing Advocacy Steering Committee
In October 2022, CGF convened the Committee,
composed of elected officials and community leaders
across the county to develop and implement strategies
that increase the availability of safe and affordable
housing for all residents, particularly for households
earning 60-120% AMI.
Phase 2 » Policy RecommendationsIn partnership with Root Policy, the Committee looked at ways to improve affordable housing, including using policy rules and regulatory tools to help people who make 60-120% AMI get more affordable housing options. From their assessment, the Committee recommended offering rewards to create more income-qualified affordable housing, incorporating zoning changes that allow more types—and prices—of homes in each locality, and using local and state resources for increased housing production.
Phase 3 » Jeffco Affordable Housing BlueprintTo support these recommendations, the Committee drafted the Jeffco Affordable Housing Blueprint (Blueprint) to serve as a regional plan for increasing affordable middle-income housing in Jeffco. Anchored by three pillars – community input and engagement; best practices in policy and program development; and advancing inter-jurisdictional collaboration – the Blueprint reflects shared values of partnership, flexibility, and respect for local priorities, guiding efforts towards a resilient, enduring solution to Jeffco’s housing crisis.
Phase 4 » Blueprint ImplementationThe Blueprint will serve as a dynamic tool to address the county’s housing challenges in responsive, innovative, and effective ways. As it evolves, the Committee commits to tracking progress, sharing lessons learned, and adjusting strategies to ensure the Blueprint’s goals are met.
EXECUTIVE SUMMARY
P2 | (720) 898-5900 | hello@coloradogivesfoundation.org
Jeffco 2024 » 60-120%AMI
$78,000-$156,000
Four-Person Household
$55,000-$110,000
One-Person Household
To address the housing shortage, CGF seeded an impact investment fund called the Bring It Home
Fund with $15M to provide financing for the preservation and development of housing affordable
for individuals and families with incomes between 60-120% AMI in Jefferson County.
Community Development
The Committee supports policies that uphold the legal authority of home rule, preserve local control, and reduce barriers to housing opportunity, including:
» Maintaining the authority of local governments
to require affordable housing in new developments
and provide incentives to create more affordable,
middle-income (60%-120% AMI) housing.
» Developing comprehensive plans that reflect local government and community input.
» Reforming construction defect laws that constrict the development of affordable multi-family homeownership opportunities that often meet the income needs of middle-income individuals and families.
» Protecting and/or expanding existing programs that promote affordable housing through preservation, redevelopment, and infill development.
Driven by CGF’s commitment to Jeffco, the Committee developed a policy platform to foster
affordable housing for individuals earning 60-120% AMI, forming the foundation for initiatives
that benefit middle-income households and promote sustainable community development.
Housing Resources
The Committee advocates for efforts that will
bring additional resources to promote a diverse
range of housing options for individuals earning
60-120% AMI, including:
» Increasing resources at the federal and state levels that are flexible and applicable to housing development that meets the needs of those earning 60-120% AMI, including rental housing development and homeownership opportunities.
» Taking advantage of existing programs and their funding to deploy resources in an efficient and
effective manner.
Collaboration and Partnership
The Committee was formed on the premise that housing affordability is a regional challenge that requires a regional solution, such as:
» Facilitating collaboration and partnerships among governments, nonprofits, and private agencies that are flexible and incentivize
innovative solutions.
» Acknowledging, supporting, and/or funding regional planning, programming, and implementation, such as the Jefferson County Housing Continuum Task Force and the Denver Regional Council of Governments (DRCOG).
POLICY PLATFORM
Housing Resources
Increase range of housing options focused on individuals earning 60-120% AMI
Collaboration & Partnership
Engage government, nonprofit & private agencies within the Jeffco region.
Community Development
Support preservation of local control and reduce barriers to housing.
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Core values and principles that guided the Committee’s work include promoting fairness and
accessibility, ensuring respect for all participants, balancing local control with regional collaboration,
respecting each jurisdiction’s unique context, and fostering partnerships across the county.
Local Control & Regional Collaboration
We believe local control and regional collaboration are not
mutually exclusive. The best policy solutions will balance
the need for local control while advancing strategies for
regional partnership across Jeffco. Achieving this balance
requires respect, collaboration, and innovation.
Inclusion & Forward Momentum
We believe that achieving our vision for Jeffco requires rigorous engagement and a commitment to inclusion. Understanding community priorities while balancing stakeholder needs is crucial. We will make meaningful progress through education, leadership, and by fostering an inclusive environment that reflects our commitment to both local control and regional collaboration. Respect
Inclusion
Education
Leadership
Collaboration
Innovation
We respect that each jurisdiction or entity is unique, and that jurisdictions have local control and legal authority to adopt and implement the policies that best meet the needs of their communities while they work to establish regional solutions.
We take responsibility to express and consider differing perspectives and ideas through proactive, transparent, and honest communication and open-mindedness. Our collaborative efforts are informed and guided by a balanced representation of local voices, ensuring an equitable input process.
We believe the best policy and strategies are shaped by informed decision-making. Advancing knowledge of best practices and educating policymakers, practitioners, and the community is essential for our long-term success.
As stewards of a collaborative process with complex dynamics, local leaders are empowered to represent their local interests while aligning with the broader regional goals. We navigate divergent interests by seeking common ground to create a productive environment where both local and regional needs are met.
We believe that a regional approach to housing affordability will be successful only if stakeholders work together in
partnership and are responsive
to the changing needs of Jeffco.
We embrace creative thinking that is flexible, can adapt to changing conditions, and acknowledges stakeholder needs while fostering a shared vision, identifying common ground, and advancing new solutions.
CORE VALUES AND GUIDING PRINCIPLES
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BLUEPRINT ELEMENTS
THREE PILLARS
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Purpose
Embracing a bold vision, the Blueprint is an innovative response to one of our era’s most pressing challenges. This transformative guide disrupts the norms of traditional housing strategies and rewrites the approach to developing affordable housing that meets the needs of each community within Jeffco. The Blueprint takes a holistic approach to housing with a deliberate focus on supporting residents earning 60-120% of AMI, a crucial segment of residents typically ignored by housing policies.
The Blueprint’s recommendations serve to simplify and accelerate affordable housing development while also creating pathways for new, innovative opportunities in Jeffco. Acknowledging the complexities of housing policy, this effort requires sustained commitment and accountability of all stakeholders, including local governments, housing agencies, community organizations, and developers. Changing housing policy is a gradual process, and this Blueprint serves as a foundational framework for a responsive, resilient, and long-lasting solution to Jeffco’s housing challenges. Framework
The Blueprint provides context on housing in Jeffco, sharing the Committee’s findings on housing affordability issues and the reasons behind the goals and strategies. It is based on three main pillars, each with important elements, goals, strategies, and success measures identified by the Committee.
The Blueprint is a flexible guide that starts the work
and allows for changes as new strategies and resources
come up. Progress towards the goals will be tracked
regularly, sharing lessons learned and adjusting
strategies as needed.
Increasing housing affordability begins with deepening our community’s understanding of what affordable
housing is, why it is important, and how to support initiatives that increase its availability, including helping local
governments create policies and programs that increase the supply of affordable housing in Jeffco. Together,
local governments must work regionally to identify effective initiatives with the help of the three pillars:
Pillar One Pillar Two Pillar Three
Foster input and participation in strategies that support affordable housing.
Support policy and program development in Jeffco jurisdictions by sharing best practices, tracking progress, and activating resources.
Identify programs and projects for inter-jurisdiction and agency collaboration to maximize shared resources.
PILLAR ONE
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Why This Matters
Community input is crucial for balanced policy
development and good decision making on housing
projects. Currently, there is limited input from
individuals and families who are being ‘priced out’
of housing options. Encouraging and listening to
diverse voices from across the county will ensure
broader perspectives are incorporated into an
inclusive decision-making process for housing
policy discussions.
Essential Elements
» Develop Advocates
Support advocacy from citizens and community
leaders to diversify community discussions and
shape policy outcomes.
» Public Education Engage with local groups to help them build a greater understanding of the housing problem and possible solutions through targeted education initiatives.
» Local Business Engagement
Strengthen engagement and partnerships with
local Jeffco businesses to garner support for
affordable housing initiatives.
#1 Goal #3 Goal
#2 Goal
EMPOWER AND MOBILIZE ADVOCATES
Identify, engage, and
mobilize Jeffco residents and stakeholders to represent, balance and lead community
conversations, and to
engage directly in local policy processes.
ENGAGE EMPLOYERS
Bring employers into the affordable housing conversation to build political support for
housing development
and policies.
ENHANCE PUBLIC UNDERSTANDING AND SHIFT PERSPECTIVES
Foster greater public awareness about affordable housing by highlighting stories of those impacted by the shortage,
emphasizing the positive economic
and social benefits of housing affordability, and promoting effective strategies for increasing the availability of
affordable housing.
Foster input and participation in strategies that support affordable housing.
PILLAR TWO
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Why This Matters
Without robust policies and programs tailored to
the unique needs of Jeffco, efforts to address
housing affordability may fall short. This pillar
focuses on supporting policy and program
development within local jurisdictions to drive
meaningful changes for affordable housing
availability.
Essential Elements
» Policy Support and Education
Provide decision makers with the knowledge
and tools necessary to formulate effective
policies that support affordable housing
initiatives.
» Stakeholder Engagement and Activation Ensure diverse voices are considered in the development and implementation of affordable housing policies and programs, fostering a more inclusive and responsive decision-making environment.
» Policy Implementation and Monitoring
Create mechanisms to ensure accountability and
transparency in the policymaking process,
ensuring that policies are effectively
implemented to achieve desired outcomes.
Support policy and program development in Jeffco jurisdictions by sharing
best practices, tracking progress, and activating resources.
#1 Goal
#2 Goal
SUPPORT BEST PRACTICES IN POLICY & PROCESS
Support local elected officials’ understanding of
the development process,
including the roles of key stakeholders and the interests that influence the success of affordable
housing development in
their communities.
SUPPORT POLICY & ACTIVATION
Identify pivotal moments in policy and development process for support, and activate citizens and
other stakeholders for
engagement.
PILLAR THREE
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Why This Matters
Collaborative efforts across jurisdictions
are essential to addressing Jeffco’s affordable
housing crisis comprehensively. By identifying
specific programs and projects for inter-
jurisdiction and agency collaboration,
Pillar Three encourages the collective
harnessing of resources towards increasing
affordable housing options countywide.
Essential Elements
» Stakeholder Collaboration
Work closely across jurisdictions and
groups to achieve common goals.
» Best Practice Sharing Share what works to help others learn and improve.
» Resource Activation
Activate available resources to support
affordable housing efforts effectively.
Identify specific programs and projects for collaboration across jurisdictions
and agencies to increase housing that is affordable in the county.
#1 Goal
#3 Goal
#2 Goal
ENGAGE IN REGIONAL, STATE AND FEDERAL POLICY
Identify policy efforts at the regional, state, and federal level where Jeffco can engage as a united front.
FACILITATE JOINT HOUSING PROJECTS
Use networks to share knowledge and resources, creating successful partnerships and increasing affordable housing.
DEVELOP STRATEGIC TRANSPORTATION/HOUSING PARTNERSHIPS
Optimize corridors and community hubs to maximize land use, housing, and transportation resources expanding affordable housing options across Jeffco.
This Blueprint represents the work of stakeholders, agencies and community leaders, and as the initiative transitions to the implementation phase, the Committee is committed to continued leadership and oversight of the process.
The Blueprint was designed with a three-year time horizon, and the corresponding subgoals and strategies represent work that can be achieved in that timeframe. In addition, each set of detailed strategies have been sequenced by the following criteria and priorities:
» Strategies that represent the greatest immediate opportunity to meaningfully achieve the subgoal outcomes will be addressed first, AND
» Strategies that build upon completed work have also been ordered sequentially to ensure successful outcomes.
In addition to prioritized and sequenced strategies, each subgoal has detailed outcomes which define the success of the strategy and fulfillment of the subgoal. As the work transitions to the implementation phase, each strategy will be measured through the following process:
» Identify appropriate measures for each strategy as defined by the outcomes;
» Execute strategy and track results;
» Review outcomes and assess if strategy produced desired outcomes; review approach and modify strategies as needed to support outcomes and achieve subgoal.
» Blueprint Endorsements
» 2024 JeffCo Housing Advocacy Steering Committee Roster
» 2022 Affordable Housing Study from Syntrinsic Social Capital
» Workforce Housing Policy Recommendations Report from Root Policy Research
ACHIEVING OUR GOALS AND OUTCOMES
APPENDIX (COMING SOON)
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ITEM NO: 11
DATE: August 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 43-2024 – A RESOLUTION IN SUPPORT
OF THE BALLOT MEASURE TO CONTINUE RTD’S AUTHORIZATION TO COLLECT, RETAIN, AND SPEND REVENUES FROM ALL SOURCES, WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY TAX RATE, AS ORIGINALLY APPROVED BY VOTERS IN 1999
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________
City Manager ISSUE: The RTD Board has referred a ballot measure to the November 5, 2024 election to exempt RTD from any future Taxpayer’s Bill of Rights (TABOR) revenue limitations. Board Director
Marjorie Sloan has requested an endorsement from the City of Wheat Ridge is support of this ballot measure. PRIOR ACTION: None
FINANCIAL IMPACT: There would be no direct financial impact to the City. BACKGROUND:
Colorado voters in 1992 approved TABOR as an amendment of the state’s constitution. It
requires voter approval for tax hikes and limits the amount of revenue government agencies can keep. In 1995, voters granted RTD an exemption that lasted through 2005. In 1999, voters
CAF – RTD TABOR Ballot Question August 26, 2024 Page 2
granted an exemption through November 2024 to help RTD pay off bond debts incurred to finance the construction of RTD light-rail expansion.
The RTD Board of Directors unanimously approved a ballot measure in June that would continue RTD’s current exemption from TABOR requirements permanently. If voters do no approve the measure, RTD would no longer keep revenues of around $100 million to $200 million a year which according to Greater Denver Transit would compel RTD to cut about 20% of bus and train service within two years.
RTD’s services are essential for the mobility of many Coloradans who cannot or prefer not to drive, including seniors, adolescents, and those who cannot afford a car, ensuring access to jobs, education, medical appointments, and other critical services. Public transportation also plays a vital role in advancing regional and state goals related to air quality, climate change, and land
use, including the promotion of affordable housing and environmental sustainability. The ballot measure is currently supported by the following organizations:
• Denver Streets Partnership
• CoPIRG
• Colorado Cross Disability Coalition
• Pedestrian Dignity
• National Organizations for Youth Safety
• West Corridor Transportation Management Association
• Greater Denver Transit
• Southwest Energy Efficiency Project
• Energy Outreach Colorado
• Metro Mayors Caucus
• Strong Denver
• AARP Colorado
• Denver Bicycle Lobby
• YIMBY Denver
• Sierra Club Colorado
• Woman From the Mountain
• Servicios de La Razz
• GreenLatinos
RECOMMENDED MOTION: “I move to approve Resolution No. 43-2024, a resolution in support of the ballot measure to continue RTD’s authorization to collect, retain, and spend revenues from all sources, without imposing any new tax or increasing any tax rate, as originally approved by voters in 1999 .”
Or,
CAF – RTD TABOR Ballot Question August 26, 2024 Page 3
“I move to postpone indefinitely Resolution No. 43-2024, a resolution in support of the ballot measure to continue RTD’s authorization to collect, retain, and spend revenues from all sources, without imposing any new tax or increasing any tax rate, as originally approved by voters in
1999, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 43-2024 2. Ballot language
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 43 Series of 2024 TITLE: A RESOLUTION IN SUPPORT OF THE BALLOT MEASURE TO CONTINUE RTD’S AUTHORIZATION TO COLLECT,
RETAIN, AND SPEND REVENUES FROM ALL SOURCES, WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY TAX RATE, AS ORIGINALLY APPROVED BY VOTERS IN 1999
WHEREAS, in 1995 and again in 1999, the voters of the Regional Transportation District (RTD) approved exemptions from the Taxpayer’s Bill of Rights (TABOR) revenue limitations to facilitate the payment of certain bonds issued by RTD; and, WHEREAS, these exemptions are set to expire in November of this year upon
completion of the final bond payments, thereby subjecting approximately $600 million of RTD’s annual revenue to TABOR’s revenue cap restrictions; and,
WHEREAS, the continuation of RTD’s authorization to collect, retain, and spend revenues from all sources as originally approved by voters in 1999, is critical for RTD to maintain its ability to provide vital services and achieve its goals; and,
WHEREAS, RTD’s services are essential for the mobility of many Coloradans who cannot or prefer not to drive, including seniors, adolescents, and those who cannot afford a car, ensuring access to jobs, education, medical appointments, and other critical services; and,
WHEREAS, public transit plays a vital role in advancing regional and state goals
related to air quality, climate change, and land use, including the promotion of affordable housing and environmental sustainability.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge support the ballot measure to continue RTD’s authorization to collect, retain, and spend revenues from all sources without imposing any new tax or increasing
any tax rate, as originally approved by the voters in 1999.
BE IT FURTHER RESOLVED that we recognize the importance of maintaining RTD’s financial stability and operational capacity to deliver essential transit services and support the regions and state’s transportation, environmental, and land use objectives.
DONE AND RESOLVED this 26th day of August 2024.
_____________________________ Bud Starker, Mayor ATTEST:
____________________________ Margy Greer, Sr. Deputy City Clerk
ATTACHMENT 1
Proposed Ballot Language WITHOUT IMPOSING ANY NEW TAX OR INCREASING ANY TAX RATE, SHALL THE REGIONAL TRANSPORTATION DISTRICT’S (“RTD”) AUTHORIZATION TO COLLECT, RETAIN AND SPEND ALL REVENUES IT RECEIVES FROM ALL SOURCES, INCLUDING ITS SALES TAX REVENUES, GRANT FUNDS AND OTHER MONEYS LAWFULLY RECEIVED BY RTD FROM THE STATE OF COLORADO OR ANY OTHER SOURCE, ORIGINALLY APPROVED BY THE VOTERS IN 1999, BE CONTINUED TO PERMIT RTD TO RETAIN REVENUE NECESSARY TO PROVIDE VITAL RTD SERVICES, INCLUDING BUT NOT LIMITED TO: • PROVIDING TRANSPORTATION CHOICES TO LOCAL RESIDENTS BY MAINTAINING AND GROWING CURRENT LEVELS OF BUS, AND RAIL SERVICES; • REPAIRING AND IMPROVING RAIL LINES, BUSES, BUS STOPS AND STATIONS AND OTHER INFRASTRUCTURE TO PRESERVE THE PUBLIC’S INVESTMENT IN TRANSIT; • MAINTAINING THE AVAILABILITY OF SERVICES FOR PEOPLE WITH DISABILITIES; • CONTINUING TO PROVIDE CLEANER, MORE EFFICIENT METHODS OF TRANSPORTATION OTHER THAN DRIVING ON ROADS AND HIGHWAYS; AND • PROVIDING TRANSPORTATION SERVICES FOR YOUTH 19 YEARS OF AGE OR YOUNGER AT REDUCED OR NO FARES; WITH ALL FUNDS SUBJECT TO INDEPENDENT AUDIT AND OVERSEEN BY THE ELECTED RTD BOARD; AS A VOTER APPROVED REVENUE CHANGE AND EXEMPTION FROM ANY REVENUE AND SPENDING LIMITATIONS UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
ATTACHMENT 2