HomeMy WebLinkAboutOrdinance-1989-0812INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 812
Series of 1989
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, COLO., BY ADDING A NEW SECTION 2-4
SPECIFICALLY PERMITTING "NO-DAMAGES-FOR-DELAY" CLAUSES
IN CITY CONTRACTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 2-4, "No-damages-for-delay clauses in
public works contracts" is hereby created to read:
Section 2-4. No-damages-for-delay clauses in public works
contracts.
(a) The city may, by contract, require the contractor
awarded a public works contract to waive, release, or
extinguish its rights to recover costs or damages, or obtain
an equitable adjustment, for delays in performing such
contract, if such delay is caused, in whole or in part, by
acts or omissions of the city or its agents, if the contract
provides that an extension of time for completion of the work
is the contractor's remedy for such delay. Such a clause is
valid and enforceable, any provision of state law to the
contrary notwithstanding.
(b) The City Council, by this ordinance, declares its
local contracting powers to be a matter of purely local
concern, and further specifically intends to supersede,
pursuant to its powers under article XX of the Colorado
Constitution, the provisions of sections 24-91-101 and 103.5,
C.R.S., insofar as they conflict with the provisions of this
Section 2-4 of the Code of Laws of the City of Wheat ridge,
Colo.
Section 2. Severability. If any clause, sentence., paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 3. 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
attained.
Section 4. This ordinance
day(s) after final publication.
legislative object sought to be
shall become effective 15
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 23rd day of October , 1989,
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 Monday, November 27 , 1989, at
7:30 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 8 to 0 this 27th day of
November , 1989.
SIGNED by the Mayor on this 28th day of November ,
1989.
ATTEST:
- s
Wanda Sang, City Clerk
1st Publication: October 26,
2nd Publication: November 30,
Wheat Ridge Sentinel:
Effective Date: December 15,
1 0'/, )
Dan Wilde, Mayor
APPROVED AS TO FORM BY
OFFICE CI ATTORRE
Hayes, Cityy"At
John ',"E.
1989'
1989
1989
2