HomeMy WebLinkAboutOrdinance 1747 - Performance WarrantyCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 17
ORDINANCE NO.
Series 2022
TITLE: AN ORDINANCE AMENDING SECTION 21-30 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING PERFORMANCE
WARRANTY AND GUARANTEE FOR WORK IN THE PUBLIC
RIGHTS-OF-WAY
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, In the exercise of this authority, the Council has previously adopted
Code of Laws concerning streets and sidewalks; and
WHEREAS, the Council finds it necessary to amend Code Section 21-30 to
adjust the required warranty period for such work.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21-30 is amended to read as follows:
Sec. 21-30. - Performance warranty/guarantee.
(a)Any warranty made hereunder shall serve as security for the performance
of work necessary to repair the public rights-of-way if the permittee fails to
make the necessary repairs or to complete the work under the permit.
(b)The permittee, by acceptance of the permit, expressly warrants and
guarantees complete performance of the work in a manner acceptable to
the city and guarantees all work done for a period of TWO (2)three (3) years
after the date of probationary acceptance and agrees to maintain upon
demand and to make all necessary repairs during the TWOthree- year
period. This warranty shall include all repairs and actions needed as a result
of:
(1)Defects in workmanship;
(2)Settling of fills or excavations;
(3)Any unauthorized deviations from the approved plans and
specifications;
(4)Failure to barricade;
OHM
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(5)Failure to clean up during and after performance of the work;
(6)Any other violation of this chapter or the ordinances of the city.
(c)The TWOthree-year warranty period shall run from the date of the city's
probationary acceptance of the work. If repairs are required during the
TWOthree-year warranty period, those repairs need only be warranted until
the end of the initial TWOthree-year period starting with the date of
probationary acceptance. It is not necessary that a new TWOthree-year
warranty be provided for subsequent repairs after probationary acceptance.
(d)At any time prior to completion of the TWOthree-year warranty period, the
city may notify the permittee, in writing, of any needed repairs. Such repairs
shall be completed within twenty-four (24) hours if the defects are
determined by the city to be an imminent danger to the public health, safety
and welfare. Non-emergency repairs shall be completed within thirty (30)
calendar days after such notice.
(e)The warranty described in this section shall cover only those areas of work
undertaken by a permittee and not directly impacted by the work of any other
permittee or the city. In the event that a portion of work warranted by
permittee is subsequently impacted by work of another permittee or the city
during the warranty period, that other permittee or the city shall assume
responsibility for repair to the subsequently impacted section of rights-of-
way.
Section 2. 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 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTROCUDED, RED, AND ADOPTED on first reading by a vote of 8 to 0 on
this 22nd day of August, 2022, 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 September 12, 2022 at 7 p.m., as a virtual meeting and in the
Council chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to
meet on that date due to COVID-19 restrictions.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2022.7 0 12 September
SIGNED by the Mayor on this day of , 2022.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: August 25, 2022
Second Publication: September 15,
2022
Effective Date: September 30, 2022
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
13 September