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Home My WebLink AboutOrdinance-1996-1026 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILVER Council Bill No. 17 Ordinance No. 1026 Series of 1996 TITLE: AN ORDINANCE CONCERNING REQUIRED INSURANCE FOR CONTRACTORS AND OPERATORS WHEREAS, the Colorado Governmental Immunity Act, CRS s 24-10- 101 et. seq., limits liability of local governments, including the City, for certain actions to $150,000 per person and $600,000 per occurrence, and WHEREAS, these limits of liability are reflected in the Code of Laws of the City pertaining to required insurance for certain activities of contractors and operators, and WHEREAS, certain sections of the Code of Laws requlre amendment to increase the required liability limits. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 50125 (b) of the Wheat Ridge Code of Laws is amended to read: (b) Insurance. A certificate of insurance from an insurance company licensed to do business in the state, shall be filed with the city prior to issuance of any class A, class B or class C municipal contractor's license. The limits of such coverage shall include statutory workmen's compensation and public liability insurance in the amount of four hundrcd thouoJnd dollJro (~100,000) property damage, onc hundred fifty thouoJnd dollilro (~100,000) (~250,000.00) for CJch Jccidcnt TWrJ HUNDRED FIFTY THOUSAND DOLLARS ($250,000,00) PER PERSON AND ONE MILLION DOLLARS ($1,000,000.00) PER OCCURRENCE Any motor vehicle operated by or for the contractor shall be covered by insurance in like amount. Section 2. Subsection 26 33.c(4) of the Wheat Ridqe Code of Laws is amended to read (4) Insurance. Every operator, before commenclng operations, shall be insured to the extent of TWO HUNDRED FIFTY THOUSAND dollars ($250,000.00) per person, &ve hundred thousand dollars (~500,000.00) ONE MILLION DOLLARS ($1,000,000) per occurrence against liability arising from production, activities or operations incidental thereto conducted or carried on under or by IjET> ,53112'7 ,l'19'lfJ1 1 virtue of any law, resolution or condition imposed by these regulations, and such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation A certificate indicating protection by such insurance shall be filed with the application for special permit. Section 3, Section 21-147 of the Wheat Ridge Code of Laws lS amended to read: After approval of the application for permit has been obtained, but before a permit shall be issued, the applicant shall post or maintain with the city a bond or policy or public liability insurance approved by the city and conditioned substantially as provided for herein The permittee shall indemnify and save harmless the city, its officers, agents, and employees from any and all loss, costs, attorney's fees, damages, expenses, or lia- bility which may result from or arise out of the granting of such permit, and the installation and maintenance of each bench for which a permit is issued. The permittee shall pay any and all loss or damage which may be sustained by any person as a result of or which may be caused by or arise out of such installation or mainte nance. The bond or policy of insurance shall be maintained in its original amount by the permittee at its expense at all times during the period for which the permit is in effect. In the event that two (2) or more permits are issued to one (1) permittee, one (1) blanket bond or policy covering all benches of the permittee may be provided, but such bond or policy shall be of the type where coverage shall automatically by registered after the occurrence of any accident or loss from which liabil- ity may thereafter occur. The limit of liability upon any bond or policy so posted shall in no case be less than fiftccn thouo~nd doll~ro (~lS,OOO.OO) for dcath or injury of onc pcroon ~nd thrcc hundrcd thouoand doll~ro (~JOO,OOO.OO) pcr ~ccidcnt, onc hundrcd thouo~nd doll~ro (C100, 000.00) pcr pcroon ::md fifty thouo~nd doll~ro (~SO, 000.00) for propcrty d~FR~gc. TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) PER PERSON AND ONE MILLION DOLLARS ($1,000,000,00) PER OCCURRENCE. Any bond shall be accompanied by good and sufficient sureties approved by the city. Section 4, Section 24-47 of the Wheat Ridge Code of Laws lS amended to read: No license issued under the provisions of this article shall be effective and no such license shall be issued until the applicant or licensee shall have filed with the city clerk a satisfactory public liability insurance policy covering all operations of such GED\53027\1494fi9 1 -2- applicant licensee in such business in the city in the sum of at least eRe TWO hundred fifty thousand dollars (C1SO,000,OO) ($250,000,00) for each person injured and not containing a limitation of liability of less than ~ IImJDRIm TIlOUS."JJD ($100,000,00) ONE MILLION DOLLARS ($1,000,000) in case of injury of two (2) or more persons in anyone (1) accident, and in the sum of not less than four thousand dollars ($4,000.00) for damage to property Should any policy be cancelled, the city shall be notified of such cancellation within ten (10) days after such cancellation is effective, and a provision to that effect, which shall also place upon the company writing such policy the duty to give such notice, shall be incorporated in each such policy In the event any such insurance policy at any time fails, in the opinion of the arborist board to comply with the provisions hereof or to afford reasonably satisfactory protection to the persons intended to be protected thereby, it shall in writing so notify the licensee and the mayor and failure to maintain the insurance required hereby be so furnished. It shall be unlawful for any person to engage in the business defined in this article while his license to do so is for any reason suspended or after the same is for any reason revoked. Section 5. 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 6. Severability, 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 compe- tent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 7. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of April, 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 May 13, 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. CELl' 53()2'7\ 149469 1 -3- READ, reading by 1996 . ADOPTED AND a vote of 8 ORDERED to ~, PUBLISHED this 13th final on second and day of May SIGNED by the Mayor on this 20th day of ATTEST: I I __/)) ,; L , i cL?, '-.L -/ "L-t -,,- WANDA SANG, CITY CLERK 1st Publication: April 26, 1996 2nd Publication: May 24, 1996 Wheat Ridge Transcript Effective Date: June 8, 1996 r3ED\53027\149469 1 May , 1996. , ~~ DAN WILDE, MAYOR ~ TO FORM BY CITY - / ..tJjJ V;{;d:P#? GERALD E. DAHL, CITY ATTORNEY -4 -