ORDINANCE NO. 2017-03

 

AN EMERGENCY ORDINANCE AMENDING THE KEENESBURG MUNICIPAL CODE REGARDING FEES FOR EXCAVATIONS AND IMPROVEMENTS IN PUBLIC RIGHTS-OF-WAY

 

            WHEREAS, Section 11-2-100 of the Keenesburg Municipal Code provides that a person desiring a permit to perform improvements in public rights-of-way shall pay a fee and deposit; and

 

            WHEREAS, while Section 11-2-100 includes the amount of the fee and deposit, the Board of Trustees desires to include such fee and deposit in its general fee resolution; and

 

            WHEREAS, the Board desires to further amend Section 11-2-100 to remove a reference to a section of the Code that no longer exists; and

 

WHEREAS, an emergency exists because it is in the best interest of the public health, welfare, peace and safety of the citizens of the Town to more efficiently process street cut permit requests.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.        Section 11-2-100 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be deleted are shown in strikeout; words to be added are underlined):

 

11-2-100         Fees.

Any person desiring a permit pursuant to this Article shall file an application therefor with the Town Clerk as set forth above and shall pay a fee of one hundred dollars ($100.00) upon filing the application and shall pay a deposit to the Town Clerk in the amount of five hundred dollars ($500.00) to ensure prompt completion and full compliance with this Article. The amount of the application fee and deposit shall be established from time to time by a resolution approved by the Board of Trustees. Upon completion satisfactory to the Town, the five-hundred-dollar deposit, or any portion thereof as determined reasonable by the Board of Trustees, shall be returned to the depositor. Such deposit may not be returned to the depositor until a reasonable time has elapsed from the initial repair to determine whether settling has occurred or whether other repairs may be needed. In the event the repairs and cleanup are not made pursuant to this Article, then the Town shall proceed to make such repairs out of the funds deposited with the Town. If the funds deposited are not sufficient to cover the expenses of repair and cleanup, then the Town may collect such additional sums due from the property owner as set forth in Section 11-1-80.

 

            Section 2.        The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption.

 

      Section 3.        If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 4.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

      INTRODUCED, READ, ADOPTED, APPROVED BY AT LEAST SIX AFFIRMATIVE VOTES, AND ORDERED PUBLISHED IN FULL this 21st day of February, 2017.

 

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

 

                                                                                    _________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

 

 

____________________________

Toni Pearl, Town Clerk