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HomeMy WebLinkAboutOrdinance-2003-1303 CITY 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 '" 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 21-1 02 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 '" 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 21-1 06. 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 ~\!Jay of July , 2003 SIGNED by the Mayor on this 4th day of August ,2003. /---- ATTEST' ,/' , ~ I / ~ / / l..../ ( 'y <,:j LU, /-, t . - ~ "' ./ , ~2tid~,--' ))~!.p, Wanda Sang, City Clerk' ~i7~~ Gerald E. Dahl, City Attorney First Publication, July 17, 2003 Second Publication: Tuly 11. 2003 Wheat Ridge Transcript: Effective Date: July 28, 2003 CNB\53027\447391 01