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2003- 3• • • ORDINANCE NO. 3 SERIES 2003 AN ORDINANCE AMENDING TITLE 8 OF THE VAIL TOWN CODE; PROVIDING AMENDMENTS AND ADDITIONAL WARRANTY CONDITIONS REGARDING STREET OPENINGS, EXCAVATIONS AND PAVEMENT CIfTS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"}; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council wishes to reduce the cost and damage associated with recently reconstructed streets within the Town by requiring atwo-year warranty period for certain street work performed within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 8-1-23 of the Vail Town Code is hereby amended to read as follows: (deletions are shown in strike through, additions are shown in bold) Section 8-1-23: TIME FOR COMPLETION OF WORK: Any permittee shall warrant all work completed pursuant to this Chapter for ~eax two full years from the date of the completion of the work. The Town shall hold all deposits, securities or performance bonds deposited by the permittee as a condition of granting any permit during the period of the sc~e-ysaf two-year warranty. One month prior to the expiration of the aae-year two- yearwarranty, the Public Works Department shall inspect the street cut. If the work is acceptable to the Public Works Department and to utility companies who serve the Town, the security will be returned to the permittee at the end of the ene-yeaf two-year period, provided the street cut remains acceptable in the # twenty-fourth month, and the necessary soils compaction tests are provided, as required by Section 8-1-26 of this Chapter. Section 2. Section 8-1-33 of the Vail Town Code is hereby amended to read as follows: (deletions are shown in strike through, additions are shown in bold) Section 8-1-33: SETTLING: If any settlement in a restored area occurs within a period of e-~e two years from the date of completion of the permanent restoration, any expense incurred by the town in correcting the settlement sha11 be paid by the permittee, unless proof is submitted by the permitee, satisfactory to Public Works, that the settlement was not due to defective backfilling. Failure to backfill properly may be grounds for revocation of the permittee's contractor's license. It shaft be the duty of the permittee to submit to the Town sufficient proof as to the date of completion if there is a disagreement as to the date of completion for the purposes of this Section. Ordinance 3, Series of 2003 • • • Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or pan` thereof, theretofore repealed. Section 7. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 8. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of March, 2003 and a public hearing shall be held on this Ordinance on the 1st of April, 2003, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~F V~ ~'~! SF.AI- ATT ST: orelevbonaldson, Town Clerk ~~~ ~ _ Ludwig Kurz, I'~ayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this 1st day of April, 2003. Ordinance 3, Series of 2003 i ~ ~~ SE~ Ludwig Kurz ayor ATTEST: ~•O`O~P~ orel i Donaldson, Town Clerk Ordinance 3, Series of 2003