HomeMy WebLinkAboutWCA-03-01CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 30 -2003
Ordinance No. 1303
Series of 2003
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE CONCERNING PERMITS FOR USE OF
RIGHT -OF -WAY.
WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political
subdivision of the State of Colorado organized and existing as a home rule
municipality pursuant to Article XX of the Colorado Constitution and the home rule
charter for the City (the "Charter "); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power
of local self - government and home rule and all the power possible for a municipality
to have under the Constitution of the State of Colorado, including the power to
regulate the occupation and use of City rights -of -way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City
Council ") previously adopted regulations concerning the temporary use of public
rights -of -way as Article III of Chapter 21 of the Code of Laws of the City of Wheat
Ridge ( "Code of Laws "); and
WHEREAS, the City Council desires to amend said Article III to require right -
of -way permittees to meet certain insurance and indemnification requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21 -102 of the Code of Laws is amended as follows:
Section 21 -102. Term of right -of -way use permits.
The term of the permit provided for by this article shall be no
longer than thFee (3) FIVE (5) years from the date of issuance. The
city engineer shall determine the appropriate term and issue the permit
accordingly. Issuance of any permit shall not preclude the city from
terminating said permit at any time, without liability to the city,
pursuant to the provisions of section 21 -104 OF THIS CODE AND
CHARTER SECTION 15.9.
Section 2. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -106 to read in its entirety as follows:
CNB \53027 \447391.01
Section 21 -106. Indemnification.
The holder of any permit issued pursuant to Section 21 -101 shall
execute an indemnification agreement, in form approved by the City
Attorney, which releases and discharges the city, its employees,
agents and assigns from any liability and from any and all claims,
demands, damages, actions, causes of action, or suits of any kind or
nature whatsoever related to or arising from permittee's occupation of
the public right -of -way. Under such agreement, the city may elect to
provide its own defense or to require permittee to provide such
services. The permittee shall be liable for all costs and fees related to
the defense, regardless of which party provides the services.
Notwithstanding any other provision of this article, failure to execute
an indemnification agreement as required by this section shall
constitute grounds for refusal to grant, or, in the case of issued
permits, immediate termination of a permit.
Section 3. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -107 to read in its entirety as follows:
Section 21 -107. Insurance requirements.
(a) No permit shall be issued or remain in effect unless the
permittee obtains and maintains in force and on file with the public
works department, sufficient evidence of a general liability policy
covering injury to or destruction of property and bodily injury,
including death, to at least the liability limits established by Section
24 -10 -114, Colorado Revised Statutes, and as hereafter may be
amended.
(b) Required coverage may be evidenced by endorsement, with the
city named as an additional insured, and providing for thirty (30) days'
notice to the director of public works or his designee in the event of
any material change in or cancellation of the coverage.
(c) The permittee must provide proof of the insurance coverages
required by this section on an annual basis and at such other times as
reasonably requested by the director of public works or his designee.
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.
CNB \53027 \447391.01
Section 5. Severability' Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 6. Effective Date This Ordinance shall take effect upon adoption,
as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of July, 2003, 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 July 28, 2003, 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 6 to 0 , this 28 t1day of July , 2003.
SIGNED by the Mayor on this 4th day of August 2003.
Cerveny, Mayor
ATTEST:
Wanda Sang, City Cler
156111IM —, - -
First Publication: July 17, 2003
Second Publication: July 31 . 2003
Wheat Ridge Transcript:
Effective Date: July 28, 2003
CNB \53027 \447391.01
CITY COUNCIL MINUTES: July 28, 2003 Page -5-
Item 3. COUNCIL BILL 30 -2003 –AN ORDINANCE AMENDING ARTICLE III OF
CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE CONCERNING PERMITS FOR USE OF RIGHT -OF -WAY.
Council Bill 30 -2003 was introduced on second reading by Mr. Edwards, who read the
title and summary; Clerk assigned Ordinance No. 1303.
I Motion by Mr. Edwards to approve Council Bill 30 -2003 (Ordinance 1303) on second
[— reading, to take effect upon adoption; seconded by Mrs. Rotola; carried 6 -0.
Item 4. COUNCIL BILL 31- 2003 –AN ORDINANCE CONCERNING THE
REGULATION OF WEEDS AND TALL GRASS.
Council Bill 31 -2003 was introduced on second reading by Mr. Edwards, who read the
title and summary; Clerk assigned Ordinance No. 1304.
Tim Paranto, Director of Public Works, explained that this Ordinance takes tall grasses
and weeds out of the Nuisance Chapter and puts it in its own chapter. This Ordinance
regulates tall grasses, but provides exemptions, such as ornamental grasses, Open
Space, agricultural land that is used as agricultural and Conservation District zoned
land.
Claudia Worth, 4650 Oak Street, asked how this Ordinance will affect their plan to
plant tall prairie grasses around the Baugh House. Mr. Paranto stated that this could be
considered a City owned natural area and would then be exempt.
Doug Jenks, 11885 West 38 Avenue, understands the intent of this Ordinance, but
feels some wording needs to be changed to address the farmer. There are properties in
this City that are not zoned Agricultural, but are being used as such. Also, grass being
grown as a crop, should be excluded.
Don Peterson spoke in support of Mr. Jenks.
Motion by Mr. Edwards that Council Bill 31 -2003 (Ordinance 1304) be approved on
second reading, to take effect 15 days after final publication, with the following
amendment: That all references to 5 days of notice be changed to 7 days of notice;
seconded by Mr. Mancinelli.
Motion by Mr. Schneider for an amendment in Section (g) to insert the word and /or in
use for Agricultural Purposes; seconded by Mr. DiTullio; failed 2-4 with Mr. Schneider
and Mr. DiTullio voting yes.
Of WHEgT ITEM NO:
i P p
m REQUEST FOR CITY COUNCIL ACTION
p pLpRp0 0
COUNCIL MEETING DATE: July 28, 2003
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
CONCERNING PERMITS FOR USE OF RIGHT-OF-WAY.
® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: July 14, 2003)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi - Judicial: ❑
Yes No
City Attorney City Manager
EXECUTIVE SUMMARY:
The City issues permits for the temporary occupation of public rights -of -way pursuant to Article III of
Chapter 21 of the Code of Laws. This ordinance adds provisions to this article that require permittees
to indemnify the city and provide certain minimum insurance coverages. The ordinance also increases
the maximum permit term from three (3) to five (5) years.
COMMISSIONBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 30 -2003 an ordinance amending Article III of Chapter 21 of the
Code of Laws of the City of Wheat Ridge concerning permits for use of right -of -way, on second
reading to take effect 15 days after final publication."
Or,
" I move to table indefinitely Council Bill No. 30 -2003 for the following reasons:
1.
2....
Report Prepared by: Gerald E. Dahl, (303) 376 -5000
Attachments:
1. Council Bill No. 30 -2003.
Request for City Council Action- report form
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 3 -2003
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE CONCERNING PERMITS FOR USE
OF RIGHT -OF -WAY.
WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter "); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of
local self - government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado, including the power to regulate the
occupation and use of City rights -of -way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City
Council') previously adopted regulations concerning the temporary use of public rights -
of -way as Article III of Chapter 21 of the Code of Laws of the City of Wheat Ridge
( "Code of Laws "); and
WHEREAS, the City Council desires to amend said Article III to require right -of-
way permittees to meet certain insurance and indemnification requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21 -102 of the Code of Laws is amended as follows:
Section 21 -102. Term of right -of -way use permits.
The term of the permit provided for by this article shall be no longer
than thFee (3) FIVE (5) years from the date of issuance. The city engineer
shall determine the appropriate term and issue the permit accordingly.
Issuance of any permit shall not preclude the city from terminating said
permit at any time, without liability to the city, pursuant to the provisions of
section 21 -104 OF THIS CODE AND CHARTER SECTION 15.9.
Section 2. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -106 to read in its entirety as follows:
Section 21 -106. . ndemnification.
CM53OM"7391.01 ATTACHMENT 1
The holder of any permit issued pursuant to Section 21 -101 shall
execute an indemnification agreement, in form approved by the City
Attorney, which releases and discharges the city, its employees, agents
and assigns from any liability and from any and all claims, demands,
damages, actions, causes of action, or suits of any kind or nature
whatsoever related to or arising from permittee's occupation of the public
right -of -way. Under such agreement, the city may elect to provide its own
defense or to require permittee to provide such services. The permittee
shall be liable for all costs and fees related to the defense, regardless of
which party provides the services. Notwithstanding any other provision of
this article, failure to execute an indemnification agreement as required by
this section shall constitute grounds for refusal to grant, or, in the case of
issued permits, immediate termination of a permit.
Section 3. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -107 to read in its entirety as follows:
Section 21 -107. Insurance requirements.
(a) No permit shall be issued or remain in effect unless the permittee
obtains and maintains in force and on file with the public works
department, sufficient evidence of a general liability policy covering injury
to or destruction of property and bodily injury, including death, to at least
the liability limits established by Section 24 -10 -114, Colorado Revised
Statutes, and as hereafter may be amended.
(b) 'Required coverage may be evidenced by endorsement, with the
city named as an additional insured, and providing for thirty (30) days'
notice to the director of public works or his designee in the event of any
material change in or cancellation of the coverage.
(c) The permittee must provide proof of the insurance coverages
required by this section on an annual basis and at such other times as
reasonably requested by the director of public works or his designee.
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: Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
CNB153027T447391.01
Section 6. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to
on this day of , 2003, 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 , 2003, 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 to , this day of 2003.
SIGNED by the Mayor on this day of 2003.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
CNB\53027'447391.01
OF WHEgT ITEM NO: . Go —
v 9 m
REQUEST FOR CITY COUNCIL ACTION
OIORA
COUNCIL MEETING DATE: July 14, 2003
TITLE: AN ORDINANCE AMENDINGARTICLE HI OF CHAPTER 21 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
CONCERNING PERMITS FOR USE OF RIGHT—OF—WAY.
❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: July 14, 2003)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi - Judicial: ❑
Yes No
City Attorney (a City Manager
EXECUTIVE SUMMARY:
The City issues permits for the temporary occupation ofpublic rights -of -way pursuant to Article III of
Chapter 21 of the Code of Laws. This ordinance adds provisions to this article that require permittees
to indemnify the city and provide certain minimum insurance coverages. The ordinance also increases
the maximum permit term from three (3) to five (5) years.
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move that Council Bill No. 30 -2003 an ordinance amending Article III of Chapter 21 of the Code
of Laws of the City of Wheat Ridge concerning permits for use of right -of -way, be approved on first
reading, ordered published, and set for public hearing and consideration on second reading at
7:00 p.m. in City Council Chambers on July 28, 2003."
or,
"I move to indefinitely table Council Bill No. 30 -2003 for the following reason(s)
Report Prepared by: Gerald E. Dahl, (303) 376 -5000
Attachments:
1. Council Bill No. 30 -2003
MohOv� �%Ukwd s
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030714 ROW permit CAF 1st
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _ 7-2003
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE CONCERNING PERMITS FOR USE
OF RIGHT -OF -WAY.
WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter "); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of
local self - government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado, including the power to regulate the
occupation and use of City rights -of -way; and
WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City
Council') previously adopted regulations concerning the temporary use of public rights -
of -way as Article III of Chapter 21 of the Code of Laws of the City of Wheat Ridge
( "Code of Laws "); and
WHEREAS, the City Council desires to amend said Article III to require right -of-
way permittees to meet certain insurance and indemnification requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21 -102 of the Code of Laws is amended as follows:
Section 21 -102. Term of right -of -way use permits.
The term of the permit provided for by this article shall be no longer
than three (3) FIVE (5) years from the date of issuance. The city engineer
shall determine the appropriate term and issue the permit accordingly.
Issuance of any permit shall not preclude the city from terminating said
permit at any time, without liability to the city, pursuant to the provisions of
section 21 -104 OF THIS CODE AND CHARTER SECTION 15.9.
Section 2. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -106 to read in its entirety as follows:
Section 21 -106. . ndemnification.
CNM53027k"7391.01 ATTACHMENT 1
The holder of any permit issued pursuant to Section 21 -101 shall
execute an indemnification agreement, in form approved by the City
Attorney, which releases and discharges the city, its employees, agents
and assigns from any liability and from any and all claims, demands,
damages, actions, causes of action, or suits of any kind or nature
whatsoever related to or arising from permittee's occupation of the public
right -of -way. Under such agreement, the city may elect to provide its own
defense or to require permittee to provide such services. The permittee
shall be liable for all costs and fees related to the defense, regardless of
which parry provides the services. Notwithstanding any other provision of
this article, failure to execute an indemnification agreement as required by
this section shall constitute grounds for refusal to grant, or, in the case of
issued permits, immediate termination of a permit.
Section 3. Article III of Chapter 21 of the Code of Laws is amended by the
addition of a new Section 21 -107 to read in its entirety as follows:
Section 21 -107. Insurance requirements.
(a) No permit shall be issued or remain in effect unless the permittee
obtains and maintains in force and on file with the public works
department, sufficient evidence of a general liability policy covering injury
to or destruction of property and bodily injury, including death, to at least
the liability limits established by Section 24 -10 -114, Colorado Revised
Statutes, and as hereafter may be amended.
(b) Required coverage may be evidenced by endorsement, with the
city named as an additional insured, and providing for thirty (30) days'
notice to the director of public works or his designee in the event of any
material change in or cancellation of the coverage.
(c) The permittee must provide proof of the insurance coverages
required by this section on an annual basis and at such other times as
reasonably requested by the director of public works or his designee.
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: Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
CNBN53027T447391.01
Section 6. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to
on this day of , 2003, 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 2003, 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 to , this day of 2003.
SIGNED by the Mayor on this day of 2003.
Gretchen Cerveny, Mayor
ATTEST:
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
CNB\53027\447391.01
Case No.: CA0301 Quarter Section Map N o.: ��-
App: Last Name: Related Cases:
App: First N ame: Case Histor y: rnecerning Chapter 21 Article 111
permits for use'.
Owns r: Last Name: w ...
Owner: First Nam e: - -- - - -
App Addre ss: Review Body: JCC - 7/14103 (1st) _
City, State Z ip:
App: Pho ne: APN:
Owner Address: �— 2nd Revie w Body: ICC - 7128103 (2nd)
City/St ate/Zip: �— 2nd Review Date I
Owner Phone: Decision- making Body CC
Project Address: Appro val /Denial Date:
Street Name : �— ��
City/State, Zip: Re so/Ordinance No.:
Case Disposition: Conditions of Approval:
District:
Project Planner: hite
File Lo cation: JActive Date Rec eived: 111 12003
Notes:
� Pre -App Date:
Follow- Up: I
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