Public Highway Authority to Proceed

A notice of intent to file a referendum petition regarding the City of Arvada’s membership in a recently established Public Highway Authority has been deemed “not subject to referendum” by the Arvada City Clerk’s Office.

On May 9, the City of Arvada received a “Notice of Intent to File A Referendum Petition for CB-08-17, An Ordinance Authorizing the Establishment Contract for the Jefferson Parkway Public Highway Authority.”  This ordinance was approved unanimously by the Arvada City Council on May 5.  The establishing contract was also approved by the Jefferson County Board of County Commissioners on May 6 and the Broomfield City Council on May 12.

The Arvada City Clerk, in consultation with the Arvada City Attorney’s Office, deemed the ordinance not subject to referendum based on Arvada City Charter provision 5.14, (a) which states that only ordinances that are “legislative in character” are subject to referendum:

All ordinances adopted by the City Council that are legislative in character shall be subject to referendum. The referendum shall not apply to ordinances fixing the rate of taxation on property each year for municipal purposes, making the annual appropriation, calling a special election, authorizing the issuance of local improvement district bonds payable primarily from special assessments, levying special assessments, emergency ordinances, and ordinances to meet contractual obligations of the City.  [Emphasis supplied.]

In particular, CB-08-17 was a critical component in making progress toward building the missing piece of the metropolitan beltway.  The completion of the beltway has been a long-standing policy of the Arvada City Council as established and reflected in the City’s Comprehensive Plans since 1965.  The passage of this ordinance establishing the Jefferson Parkway Public Highway Authority is one method of executing that previously established policy.  Also, an existing intergovernmental agreement with the Jefferson Center Metropolitan District specifically addresses right-of-way issues related to the completion of the metropolitan beltway.  Establishing the Jefferson Parkway Public Highway Authority is one method of fulfilling a contractual obligation under that agreement.

The Authority, comprised of Jefferson County, Arvada, and Broomfield, is being formed with the goal of constructing the last remaining missing piece of the metropolitan beltway, closing the gap between State Highway 128 in Broomfield and State Highway 93 at approximately W. 58th Avenue north of Golden. Public highway authorities are authorized by the State of Colorado for the purpose of financing, constructing, operating, and maintaining transportation improvements that cannot be undertaken by a single local government because of cost or location.  The governments contributed $100,000 each as initial startup funding that can be reimbursed by the public highway authority.