Loading...
HomeMy WebLinkAboutOrdinance-1983-0517INTRODUCED BY COUNCILMEMBER Merkl ORDINANCE NO. 517 Series of 1982 TITLE: AN ORDINANCE AMENDING SECTIONS 10-5, 10-61 AND 10-12 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO IMPROVEMENT DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: WHEREAS, Ordinance No. 497, Series of 1982, adopted by a vote of eight to zero on July 12, 1982, contained typographical errors and omissions which were not detected at the time of passage and publication; WHEREAS, the City Council of the City of Wheat Ridge wishes to correct said typographical errors and omissions; NOW, THEREFORE, the City Council of the City of Wheat Ridge finds as follows: Section 1. Section 10-5 of Ordinance No. 497 is repealed and reenacted as Section 10-6,and all provisions thereof shall remain as originally enacted. Section 2. The Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto a new Section 10-5 which shall read as follows: "Section 10-5. Notice and Setting of Hearing. (a) At its regular meeting immediately following the filing of the petition, the City Council shall set a date for a hearing to be held on the petition, which date shall not be less than thirty, nor more than sixty days after the date upon which the petition was filed with the City Clerk. (b) The City Clerk shall cause a notice of the hearing conforming with the requirements of Section 10-6 hereof, to be published once a week for three consecutive weeks in a newspaper of general circulation in the City. The City Clerk shall also mail a copy of the notice to each owner of record of real property within the proposed District." Section 3. Section 10-12 of the Code of Laws is hereby repealed in its entirety and reenacted as follows: "Section 10-12 Annual Levy. (a) As long as the District shall remain in existence, the City Council may, no later than November 1 of each fiscal year of the City, determine for the ensuing fiscal year the public improvements to be maintained and may fix a rate of levy of assessment which shall raise the amount required by the District during the ensuing fiscal year to meet the cost of so maintaining the public improvement constructed, upgraded, or improved by the District. (b) The levy of assessment set forth in subsection (a) hereof, shall not exceed the levy set forth in the petition which initiated the creation of the District, unless a sub- sequent petition signed by at least fifty (50) percent of the then owners of record of real property within the PAGE TWO District requesting a higher assessment is filed. If such a petition is filed, notice and hearing thereon will be held pursuant to the terms of Section 10-5 and 10-6 hereof. Said petition shall be in substantial compliance with the require- ments set forth in Sections 10-3 and 10-4 hereof." Section 4. 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 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 1 day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 this 22nd day of November , 1982; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 13 , 1982, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 13th day of December , 1982. SIGNED by the Mayor this 14th day of December, 1982. l~ Frank Stites, Mayor ATTEST: C o F. Ham City erk lst publication Nov. 25, 1982 2nd publication Dec. 23, 1982 Wheat Ridge Sentinel Effective Date: Dec. 24, 1982 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY John E. Hayes