Loading...
HomeMy WebLinkAboutOrdinance-1996-1042 '-' --- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Fields Council Bill No. 37 Ordinance No. 1042 Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF LAWS PERTAINING TO STREET WIDTH DESIGNATION WHEREAS, Section 5.20 of the City Charter for the City of Wheat Ridge provides for the determination by the City Council of street widths; WHEREAS, the City Council desires to amend Chapter 21 to specify the process and procedure for implementing Section 5.20 of the City Charter. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 21-4 of the Code of Laws for the City of Wheat Ridge, Colorado, is hereby added to Chapter 21 read as follows: Sec. 21-4 Street Width Designation (1) Purpose. The purpose of this section is to implement section 5.20 of the City Charter of Wheat Ridge pertaining to the designation of street widths. (2) Definitions. For purpose of this section 21-4, the following terms shall have the meaning indicated: (a) Flowline. The measurement from the inside edge of one curb to the inside edge of the opposite curb. Where no curb exists, flowline shall be the measurement from the outside edge of one side of the driving surface of the street to the outside edge of the opposite side of the driving surface of the street. (b) Street width. The width of a street measured from flowline to flowline. (c) Street Width Designation. The width of a street measured from flowline to flowline as determined by the RCW\S3027\lS60S2 1 1 - City Council in accordance with this section 21-4. (3) Public hearing required. No earlier than one (1) year prior to construction or reconstruction of any street, the City Council shall hold a public hearing to determine and approve the Street Width Designation for such street. (4) Notice. At least fifteen (15) days prior to such hearing, a public notice of the date, time, and purpose of the hearing shall be published in a newspaper used by the City for the publishing of legal notices. Notice shall also be provided by the mailing of a certified letter to all property owners within three hundred (300) feet of both sides of the street proposed for street width designation. Owners of land shall be considered immediately adj acent or contiguous to the street, or within three hundred feet of the street edge despite the existence of intervening land or right-of-way owned by the City.Such mailed notice shall contain: (a) A description of the street width designation to be proposed for the street and a statement that the specific plans are available for inspection at the Wheat Ridge Municipal Building; (b) An explanation of the right of property owners to protest such proposed street width designation along with a description of the procedure for the exercise of such right; and (c) The full and complete text of section 5.20 of the City Charter. (5) Adoption of Street Width Designation. Adoption of a resolution setting a Street Width Designation shall require the affirmative vote of a majority of the City Council present and voting unless a valid written protest is filed with the City Council prior to the conclusion of the public hearing. Upon the receipt of a valid written protest, a 3/4 vote of the entire City Council shall be required for approval of a resolution setting a Street Width Designation. (6) Protest. Prior to the conclusion of the public hearing, a protest against a proposed street width designation may be filed with the City Council. Such protest shall be in a form prepared by the City Clerk and must be signed by the owners of either: RCW\S3027\lS60S2 1 2 (a) Twenty (20) adj acent or street; or percent of contiguous the property immediately to either side of such (b) Ten (10) percent of the property lying within three hundred (300) feet of either side of such street. Property need not be entirely contained within the three hundred foot area to be used in the computation of the ten percent necessary to file a protest; provided that only the portion of the property actually lying within three hundred (300) feet of the street edge shall be used to compute the ten (10) percent required for the filing of a protest. City-owned property or right-of-way shall be excluded from the computation of the required percentage of properties necessary for the filing of a valid protest. Owners of land shall be considered immediately adjacent or contiguous to the street, or within three hundred feet of the street edge despite the existence of intervening land or right-of-way owned by the City. (7) Elections. Following the adoption of a resolution approving a Street Width Designation, an election may be called and held for the purpose of referring the designation to voters in accordance with the requirements of Section 5.20 of the City Charter. (8) Additional forms and instructions. The City Clerk may create and maintain forms and petitions instructions not inconsistent with this section 21-4 or section 5.20 of the City Charter which are necessary to implement the requirements of this section 21-4. 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. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or 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. RCW\53027\156052 1 3 Section 4. Inconsistent Ordinances. All other ordinance or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of Repeal or Modification. The repeal or modification of any provision of the Code of Laws of the City of Wheat Ridge by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. This Ordinance shall take effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 29th day of July , 1996, 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 12 ,1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, reading by 1996 . ADOPTED AND ORDERED PUBLISHED on second and a vote of 8 to 0, this 12th day of August final SIGNED by the Mayor on this 13th day of August , 1996. ATTEST: ~~ ~\l'.d~\ SJ~~ WANDA SANG, ~ITY CLERK \~~ \ ~ .JJ"~ DAN WILDE, MAYOR I / / 1st publication: August 2nd Publication: Au&ust Wheat Ridge Transcrlpt Effective Date: August 2, 1996 16, 1996 31, 1996 RCW\S3027\lS60S2 1 4