HomeMy Public PortalAboutOrdinance 493 Amending Chapter 19, Regarding Subdivision Improvement Agreement (SIA) TOWN OF FRASER
ORDINANCE NO. 493
Series 2023
AN ORDINANCE AMENDING CHAPTER 19, LAND DEVELOPMENT CODE OF THE FRASER
MUNICIPAL CODE REGARDING SUBDIVISION IMPROVEMENT AGREEMENT (SIA) TO BE
IN ACCORDANCE WITH COLORADO REVISED STATUTES
WHEREAS, the former statutory mandate that employers certify they would not hire
"illegal aliens" for public contracts is now obsolete. With the passage of Senate Bill 21-199 in
2021, the legislature prohibited consideration of lawful presence when negotiating public
contracts.
WHEREAS, Senate Bill 21-199 amended C.R.S. § 24-76.5-103 ("Lawful presence
consideration prohibited"), to now say: Notwithstanding any law to the contrary . . . on or after
July 1, 2022, lawful presence is not a requirement of eligibility for state or local public benefits,
as those state or local public benefits are distributed by any state agency, political subdivision . .
., or home rule municipality. "Public benefit" is defined by federal statute to include "any . . .
contract . . . by an agency of a . . . local government."
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
Part 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 19 (Land Development Code), Appendix 3 of the Fraser Municipal Code (herein
sometimes referred to as the "Municipal Code") is hereby amended as follows [Note: additions
are shown in bold underlined print; deletions are shown as ctrikethrough print]:
Appendix 3, line item 40. Illegal Aliens.
Illegal Aliens. By its signature on this Agreement, Subdivider certifies that, as of the time of its
will perform work
under this Agreement and that, in order to confirm the employment eligibility of all employees
who arc newly hired for employment to perform work under this Agreement, Subdivider will
perform work under this Agreement; and that it shall not enter into a contract with a
employ or contract with any illegal alien to perform work under this Agreement. Subdivider has
department program, as defined in C.R.S. 8 17.5 101. Subdivider shall not use the e verify
knowledge that a subcontractor performing work under this Agreement knowingly employs or
contracts with an illegal alien, Subdivider shall: (1) notify the subcontractor and the Town
within three days that Subdivider has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if,
within three days of receiving the notice required herein, the subcontractor does not stop
employing or contracting with the illegal alien; except that Subdivider shall not terminate the
contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien. Subdivider shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Department is undertaking pursuant to the authority established in C.R.S. 8 17.5 101 (5). If
Subdivider violates a provision of this paragraph, the Town may terminate this Agreement for
br ach of contract. If the contract is so terminated, Subdivider shall be liable for actual and
consequential damages to the Town. Subdivider understands that, in the event of such a
termination, the Town is required to notify the office of the Colorado Secretary of State.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 15A DAY OF MARCH, 2023.
Votes in favor: (p BOARD OF TRUSTEES OF THE
Votes opposed: T N OF SER LORADO %-�
Votes abstained: 0
BY:
of F o� Philip Vandernail, Mayor
( RA
SAL ATTEST: ajoin..A. 01\ Qom,
Antoinette McVeigh, Town Cler