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Home My WebLink About2021 Ordinance No. 027 1 BY AUTHORITY ORDINANCE NO. 27 COUNCIL BILL NO. 25 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT IN ORDER FOR PUBLIC SERVICE COMPANY OF COLORADO (XCEL) TO PROVIDE NATURAL GAS SERVICE TO 501 E. HAMPDEN AVENUE WHEREAS, the City Ditch right-of-way is located along a portion of the real property occupied by Swedish Hospital; WHEREAS, Swedish Hospital is expanding the medical center and requires natural gas service in the new expansion; WHEREAS, the Public Service Company of Colorado (Xcel) submitted a request to the City of Englewood to construct a natural gas line over the City of Englewood’s City Ditch Right-of-Way in order to provide the property at 501 E. Hampden with natural gas service; WHEREAS, the Public Service Company of Colorado (Xcel) has signed the City Ditch Crossing License Agreement; WHEREAS, Englewood’s City Ditch Right-of-Way runs along a portion of the property and requires license agreements for crossing the City Ditch with a buried natural gas line; WHEREAS, Public Service Company of Colorado (Xcel) natural gas line will be buried approximately 30" to 36" deep and run to the natural gas meter located on the property; WHEREAS, the City of Englewood will retain all of its Right-of-Way ownership and shall not be obstructed from constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch, and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water within this Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the City Ditch Crossing License Agreement in order for Public Service Company of Colorado (Xcel) to construct a buried natural gas line over Englewood’s City Ditch Easement at 501 E. Hampden Avenue Englewood, Colorado at their May 11, 2021 meeting. DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes City Ditch Crossing License Agreement to the Public Service Company of Colorado for the construction of a natural gas line over Englewood’s City Ditch Right-of- Way at 501 E. Hampden Avenue, Englewood, Colorado. Section 2. The Mayor is hereby authorized to execute and the City Clerk to attest and seal for and on behalf of the City of Englewood the City Ditch Crossing License Agreement to Public Service Company of Colorado (Xcel) to provide natural gas service to the building at 501 E. Hampden Avenue, Englewood CO, attached hereto as Exhibit 1. Introduced, read in full, and passed on first reading on the 21st day of June, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of June, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. Read by Title and passed on final reading on the 6th day of July, 2021. Published by Title in the City’s official newspaper as Ordinance No. 27, Series of 2021, on the 9th day of July, 2021. Published by title on the City’s official website beginning on the 8th day of July, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 27, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE LICENSE -CITY DITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT,made and entered into as of this day of ,2021,by and between the CITY OF ENGLEWOOD,a municipal corporation of the State of Colorado,herein referred to as “City",and Public Service Company of Colorado dba “Xcel Energy”herein referred to as "Licensee". WITNESSETH:The City without any warranty of its title or interest whatsoever,hereby authorizes Licensee,its successor,assigns,to install a natural gas service line (hereinafter service line)over the City’s rightvofvwayfor the City Ditch,described as a parcel of land situated in the South-East ‘/oof the South~East ‘/4of Section 34,Township 4 South,Range 68 West of the 6"‘ P.M.,County ofArapahoe,State of Colorado described as follows: Also known by the following address:501 E.Hampden Avenue Englewood,Colorado 80113 See Attachment A for detailed location drawings and construction speci?cations. 1.Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans,consisting of one sheet,a copy of which is attached hereto and made a part hereof. 2.The Licensee shall notify the City’s Director of Utilities at least three (3)days prior to the time of commencement of the construction of,or any repairs made to,Licensee’s service line so that the City may,in its discretion,inspect such operations. 3.Within thirty (30)days from the date of the commencement of construction of said service line the Licensee shall complete such construction,place and maintain permanent,visible markers,of a type and at such locations as designated by the City’s Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable.In the event the planning of the centerline markers and the clearing and restoration of the crossing area is not completed within the time speci?ed,the City may complete the work at the sole expense of the Licensee. 4.The City shall have the right to maintain,install,repair,remove or relocate the City Ditch or any other of its facilities or installationswithin the City’s rights-of-way,at any time and in such manner as the City deems necessary or convenient.The City reserves the exclusive right to control all easements and installations.In the event the service line should interfere with any future use ofthe City’s rights-of—wayby the City,the Licensee shall,upon request and at its sole expense,relocate,rearrange,or remove its installations so as not to interfere with any such use. 5.Any repair or replacement of any City installation made necessary,in the opinion of the City’s Director of Utilities because of the construction of the service line or other appurtenant installation thereof,shall be made at the sole expense of the Licensee. 1 DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE 10. ll. 12. I3. 14. The stipulation and conditions of this License shall be incorporatedinto contract specifications if the construction herein authorized is to be done on a contract basis. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants,recorded or unrecorded,and it shall be the Licensee’s sole responsibility to determine the existence of said documents or con?icting uses or installations. The Licensee shall contact and fully cooperate with the City’s personnel and the construction shall be completed without interference with any lawful,usual or ordinary ?ow of water through the City Ditch.Licensee shall assume all risks incident to the possible presence of such waters,or of stonn waters,or of surface waters in the City Ditch. All trenches or holes within the City’s rights-of—wayshall be backfilled and tamped to the original ground line in layers not to exceed six (6)inches loose measure to a compaction of ninety percent (90%)Standard Proctor Maximum Density. Licensee,by acceptance of this License,expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this License.The Licensee assumes all responsibility for maintenance of the Licensee’s installation. Licenseeshall indemnify and save hannless the City,its officers and employees,against any and all claims,damages,actions or causes of action and expenses to which it or they may be subjected by reason of said conduit being within and across and under the premises of the City or by reason of any work done or omission made by Licensee,its agents or employees,in connection with the construction,replacement,maintenanceor repair of said installation. It is expressly agreed that in case of Licensee's breach of any of the within promises,the City may,at its option,have speci?c performance thereof,or sue for damages resulting from such breach. Upon abandonmentof any right or privilege herein granted,the right of Licensee to that extent shall terminate,but its obligation to indemnify and save hannless the City,its officers and employees,shall not terminate in any event. The undersigned represents that he is an authorized officer of Licensee and has authority to enter into this Agreement on behalf of Licenseeand that Licenseewill accept and abide by all the tems and conditions hereof. In granting the above authorization,the City reserves the right to make full use of the propertyinvolvedasmaybenecessaryorconvenientintheoperationofthewaterworksplantandsystemunderthecontroloftheCity. DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE IN WITNESS WHEREOF,this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD ATTEST: By: Linda Olson,Mayor Stephanie Carlile,City Clerk LICENSEE: By:— Title:Manager*Operations Gas As Agent for Public Service Company of Colorado Xcel Energy Services Inc. 1225 17th Street Denver,CO 80202-5533 Phone:5u~Ss'1 75‘Q, STATE OF COLORADO ) )SS4 COUNTY OF E ) 3’<FF<rson The foregoing License —City Ditch Crossing Agreement was acknowledged before me this E day of,2021 by U‘N 30 ,as Agem for Public Service Company of Colorado Xeel Energy Se ices Inc.,Title: ,Qgm ?rm;. JUDY MARCOLINA NOTARY PUBLIC sure or COLORADO NOTARY ID 20214003235 mar},Mv00MMl5Sl0Namass mrzmnzs DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE K:\UEN_!Jivi\\095u95D00_9a:d¥sl\rn»m\cmu\mimu\cuy um En:-roar1meM\C\Iy nucn Encmaehmenl Exhrbltdwg s LOGAN st. EX.36‘NC?‘cm:mew [to Ramw) s.LOGAN ST. /—ww»= Ex 36'my -cm anon‘(re Rauw) 15‘wnzn Lw: mow.236 wuzn um:zaszmzm \ nun.mt um:um nsnarr SWEDISH MEDICAL CENTER CITY DITCH ENCROACHMENTEXHIBIT OSRMZDZO K|mley>»Horn Izma xmzv m.an mm»:M: 45.2 smvn msvm snzn,ant usnn.uao?l man DocuSign Envelope ID: 0B6A142D-C012-40B1-88F9-B3F57D5E09BE