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HomeMy WebLinkAboutOrdinance-1995-1003 INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 19 Ordinance No. 1003 Series of 1995 TITLE: AN ORDINANCE AMENDING CHAPTER 21 OF THE WHEAT RIDGE CITY CODE CONCERNING STREETS AND SIDEWALKS. WHEREAS, the City Council is empowered by Sections 5.8 and 5.10 of the Charter of the city of Wheat Ridge to enact ordinances, and WHEREAS, pursuant to section 6 of Article XX of the Constitution of the State of Colorado, the ordinances of the City of Wheat Ridge which extend to its local and municipal matters shall supersede, within the territorial limits and other jurisdiction of the City, any law of the state in conflict therewith; and WHEREAS, the City Council is authorized to vacate any roadway or part thereof located within the corporate limits of the City of Wheat Ridge pursuant to section 43-2-303, C.R.S. and subject to the provisions of the Charter of the City of Wheat Ridge and the constitution and statutes of the state of Colorado; and WHEREAS, the City Council desires to retain certain rights-of- way or easements when vacating roadways pursuant to section 43-2- 303, C.R.S.; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. amended by follows: Chapter 21 of the Wheat Ridge City Code is hereby the addition of a new Section 21-2 which shall read as Sec. 21-2. vacation of Roadways; Reservations of Rights. Notwithstanding provisions of the Colorado Revised Statutes to the contrary, the City council, when vacating a roadway pursuant to Sections 43-2-301 et seq., C.R.S., may reserve rights- of-way, easements or other interests in said roadway for any of the existing or future sewer, gas, water or similar pipelines and appurtenances, pedestrian walkways, ditches or canals and appurtenances, and electric, cable television, telephone, and similar lines and appurtenances. This list of rights-of-way and easements is for illustrative purposes only and is not intended to be a complete list of the rights-of-way or easements which can be VEM\53027\120128.2 Ordinance No. 1003 Page 2 reserved pursuant to this section, it being the intent of this section to empower the City to reserve any interest, of whatever kind or nature, in the vacated roadway. section 2. Safetv Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the general powers 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. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged 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 4. This ordinance shall take effect 15 days after fi nal publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of May , 1995, 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 June 12 , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 12th day of June , 1995. ~M.cLv Dan Wilde, Mayor 11 Ii --A ,(l.-t,'-t:tA"/Jj/",,, (' Wanda Sang, city ~~rk VEM\53027\120128.2 Ordinance No. 1003 1st Publication: June 1, 1995 2nd Publication: June 22, 1995 Jefferson Sentinel Effective Date: July 7, 1995 VEM\53027\120128 2 Page 3 APPROVED AS TO FORM BY CITY ATTORNEY' / _J, ~ )( /~ Gerald E. Dahl, ( ~" '-~{ >W x:./" City Attorney