HomeMy WebLinkAbout2009 Ordinance No. 015•
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ORDINANCE NO . A_
SE RIE S OF 200'.l
CONTRACT NO. 3_s-~ Do'(
BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT"
TO PUBLIC SERVICE COMPANY OF COLORADO TO INSTALL ELECTRICAL LINES , IN
CONDUIT UNDER THECITY OF ENGLEWOOD'S RIGHT-OF -WAY FOR THE CITY
DITCH BETWEEN XCEL ENEkGY SERVICES INC. AS AGENT FOR THE PUBLIC
SERVI CE COMP ANY OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, th e Public Service Company of Colorado wishes to ins tall electrical line s in
conduit under the City of Englewood's Right-of-Way for the City Ditch at the approximate location
of South Windemtere and Belleview Park; and
WHEREAS, the electrical crossing is to be installed in underground cond uit and at a depth and
horizontal separation to maintain clearance from the City Ditch pipe, as required by the Englcwor,d
Utilities Department; and
WHEREAS, the electrical installation crossing is proposed at a sec ti on of th e City Ditch loca ted
approximately at South Windermere and Belleview Park; and
WHEREAS, Pub li c Service Co mpany of Colorado assumes full and strict li abi lity for any and
all damages of every nature to persons or property ca used by or in connection with the crossing
installation by Pub lic Service Co mpany of Colorado; and
WHEREAS , the City reserves the right to make full use of the property in the operatio n of the
City Ditch; and
WHEREAS , the City ret ains all rights to operate, maintain, install , repair, rem ove or relocate
any of the City's facilities located within the City's Right-of-Way; and
WHEREAS, the Eng lewood Water and Sewer Board reviewed anJ recommended City Counci l
approval of the License-City Ditch Crossing Agreement at thei r March I 0, 2009 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN CIL OF THE CIT Y OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Licen se-Ci ty Ditch Crossing Agreeme nt between th e Public Se rvi ce Co mpany
of Co lorado and th e Ci ty of Eng lewood, Co lorado for cross in g und er th e City Ditch with
installati on of electrica l lines, in co nduit. attached heret o as ''Exhibit I ,11 is he reby accepted and
approved by the Englewood Cit y Co uncil.
Section 2. The Mayor is authorized to exec ute and the Ci ty Clerk to attest and seal the Li cense-
Ci ty Ditch Crossi ng Agreement for and on behalf of the City of Englewood, Colorado .
Introd uced, read in full, and pa ssed on first reading on the 4th day of Ma y, 2009 .
9 b ii i
Publi shed as a Bill for an Ordinance. in the Ci ty 's officia l ne ws pape r on the 8th d•:· of Ma y, 2009 .
Publi shed as a Bill fo r an 0 : li nance on the City 's officia l web site beginning on the 6th da y of
May, 2009 fo r thiny (30) days .
Rea d by title and passed on final reading on th e Is• day of May, 2009.
Publi shed by titl e in the Ci ty's officia l news paper as Ordinance No . IS:., Serie s of 2009, on
the 22nd d ,y of May, 2009.
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colora , hereby cen ify that th e
eading and published by
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LICEN 'E -CITY DITCH CROSSING AGREEMENT
TIUS LICEN SE AGREEMENT, mad e and entered into as of this ____ day of
------~ 2009, by and between the CITY OF ENGLEWOOD , a municipal corporation
of the State of Colorado, herein referred to as 11City'\ and
P,,,r,Ltc 5c,wct1 C.,M,OA-1"'( e t: c,,c.,,,(11-r.1", ACo<:..,,<,4,.,.0 c ,,l{f'a/C-<1"710,0
herein reforr ed to as 11 Li censee 11
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WITNESSETII : The City without any warranty of its title or interest whatsoever, hereby
authorizes Li censee, its successor, assigns, to inst al l electrical lines , in conduit (hereinafter
ccn duit) over the City's rights-of-way for tho Ci ty Ditcb, described as a parcel of lan d situated in
the 5 V,,/ 1 l't' O If Tf/£. ~-E. 1/v of Section ...!I....
Township -~'f.,_~,~512=«~,r,..--,'d~-------Range ID B CL/ ii', 57 of the
-,-,----,----,----,,---::-:,,----------P.M., County of Arapahoe State of
C~lorad o describ ed as follows:
I.
2.
See Atta chm ent A for detailed location dr•wings and cons truction specificatior ,.
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
s_heet , a co py of which is attached hereto and made a part hereof.
TI1e Licensee shall notify the City 's Director of Utili tie., at least three (3) days prior to U1 e
time of commencement of the constructi on of, or any repairs made to, Licensee's conduit
so that the Ci ty may , in its discretion , :,,spect su ch operations .
3. Within thirty (30) day s from U1e date of the ccmmencement of construction of said conduit
the Licensee shall complete such ccnstructi0n, place and maintain permanent, visible
markers , of a type and at such locations as designated by the City's Director of Utilities,
referrin g to the centerline of the installati on and shall clear the crossing area of all
construction debris and restore th e area to its previous condition ns near as may be
reaso nab le. In the event the planning of the centerline markers and the clearing and
restoration of the crossing area is not completed within the tim e specified, the City ma y
complete the work at tl1e sole expense of the Li censee.
4. The City shall have th e right to ma intain, install , rep air, remove or relo cate the City Ditch
or any other of its facilit ies or insta ll ations within the City's rights-of-way, at any time and
in such manner as th e City j,;e ms necessary or Cl !, lenient. Th e City reserves tl:e exc lu sive
ri ght to control all easements and install ations. In U1e event the ccnduit should interfere
with any fo!ure use of the City's rights-of-way by the City, the Li censee shall , upon reques t
and at its sole exp ense, relocate, rearrange: or remove its installa tions so as not t(I interfere
with any such use .
5. Any rep air or rep lacement of any City installation made necessary, u, the opinion of the
City's Direct or of Utiliti es because of the cor.struction of the ccnduit or oth er appurtenant
insta ll atio n thereo f, shall be mad e at the sole expense of thr. Licensee.
6. The stipulati on and conditi ons of this Li cense sha ll be in corporated into contra ct
specificati ons if the construction herein authorized is to be done on a contract basis.
7. 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 Li censee's so le
responsibility to determine the existence of said documents or conflicting uses or
installations.
8. The Licensee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without interference with any lawfu~ usual or ordinary
flow of water through the Cily Ditch. Licensee sha ll assume all risks in cident to the
possible presence of such waters , or of stonn waters, or of surface waters in the City Ditch.
9. All trenches or boles within the City 's rights-of.-way shal l 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.
10. Licensee, by acceptance of this Licerse, 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 provi ~ed by this License. The Li censee
assumes all re... ,onsibility for maintenance of the Licensee's installation.
11. Licensee sh ull in demnify and save harmless the City, its officers and employees, against
any and all c!,ims, damages, actions or causes of action and expenses to which it or they
may be subjected by reason of said conduit being wititin and across an d 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 constru ction, replacement, maintenance or repair of said
installation.
12 . It is expressly ,greed that in case of Li censee 's breach of any of the within promi ses , the
City may, at its option , have specifi c perfonnance thereof, or sue for dama ges resul ting
from such breach.
13. Upo n abandonment of any right or privilege herein granted, the right of Licensee to that
extent shall terminate, but its obhgation to indemnify and save harmless the City, its
officers and employees, shall not terminate h1 any event.
14 . The undersigned represents tllat he is an authorized officer of Licensee and has autl1ority to
enter into this Agreement on beh alf of T,icensee and that Licensee will accep t and abide by
al l the tenns and condi6ons hereo f.
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lo granting the above authorization, the City reserves the right to make full use of the property
involved as may be necessary or convenient in the operation of the water works plant and system
under the control of the City ,
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written .
ATTEST :
Loucrishia A. Ellis, City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE
ss.
CITY OF ENGLEWOOD
By ___________ _
James K. Woodward, Mayor
LI~ ,
fu: (icy~ //it/
Title: As A:entor Public Service
Company of Colorado
Xcel Energy Services Inc.
Regional Vice President,
Customer and Community Service
Department
Address. 1225 17~ Street
Denver, CO 80202-5533
Phone: 303 882-8946
The foregoing License -City Ditch Crossing Agreement was acknowledged before me this
l.!f_ day of 1):/J & t-, 2009 by Riley Hill , as Agent for Public
Service Company of Colorado Xcel Energy Services btc., Regional Vice Presi dent, Customer
and Community Servcicc Dep
My Comnilllon ~ 11/29t201 0
3
Notary
Exhibit
Page 1 of
LEGAL DESCRIPTION
A Strip of Lan d Crossing the City Di tc h being situated in the
S.W .1/4 of the S.E.1/4 of Section 9, T.5S ., R.68W., of th~ 6th
P.M ., City of Englewood, County of Arapaho e, State of Colorado,
said Strip being des cribed as follows:
Commencing at the S.1/4 Corner of sa id Section 9, from whence
the C.S.1 /16 Corner of said Section 9 Bears on a State Plane
Bearing of N00"05'30 "E a ground distance of 1317.59 feet ;
Thence N03"36'55 "E a · distance of 743 .9 6 feet to the Apparent
Southe r ly R.O .W. Line of the said City Ditch and the Po int of
Beginning;
Thence over, unde r and acro ss said Ci ty Ditch and along lhe
Centerline of said Strip of Land the following four (4) Courses:
1.) NOB' 40' 40 ''W a dlstonce · of 24.08 feet;
2.) N04"50'47"W a distance of 29.87 feet i
3.) N04'34'48"W a distance of 28.44 feet;
4 .) N00'33'51 "W a distance of 40.72 feet to the
Apparent Northerly R.O.W. Line of the said City Ditch and the
Point of Terminus .
1},~!S~~ "~~R~~G
Cha rl es H. Russell, PLS
P.O. Box 1403
Paon ia, CO 81428
(970) 527-5 40 ◄
NClll.llCl'tlUIMCIN!Otrt..,._IOllfl'C'llltlWl,l,lllflCMl1'QING.ullPOllwc,Ml.~~OCJ'.
JIC'l'DQIIOfl'IJllll[JOll'AutN.AOmlLNOIIJM'l,IIOtl:ntlutmDCflllCFfaN11Ml,\ffl\llL\IIDtfflUe.L =:::=--""::i::'.::::ai.:~=:-n..~::m~:
~u:Mlllrffl,lllllt\tll'l,1MrNffKlDlllatllL#'01111«0Dfa'NMIIUMl'WCIDIMtCIIIMOIW.
TIWIIIN\ol.lMPIOIMllt.TIDl'lMl tl ll'flr.ll'OIIIOMIIOIOI.
Public Service Company Crossing the City Ditch
S.W.1/4 of £h e S.E.1 /4 of Section 9 .
T.5S .• R.6BW., 6th PM
City of Eng lewood, Arapahoe County, Colorado
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NOO"JJ'5 1"W
N04"3◄'-4!"W
tto4·50•,rw
N08'40'40'W
O' 20' ~o•
Seal•: r' • ,t0'
RUSSE IL SUR VEYJNG
Haw Cun Will rro w t
Chor :es H. Russell , PLS
P.O. Box 1403
Poo nlo, CO 8 1 ◄28
{970) 527 -5404
0+00.0
PSCO CROSSING
13Kv. UG POWERLI NE
BOR ED UNDER DITCH
IN 6" PE DU CT
Contin uation of
Exhibit A
Pa g e 2 of 3
Public Service Company Crossl.ni the City
S.W.1/4 of !ho S.E.1/4 of Soctlon 9
Ditch
. . T.5S ., R.68W ., 6th PM . '
RUSSELL SURVEYING
Haw Cun Will 7'rawl
Charles H. Ru aull, PLS
P.O . Box 1403
Paon ia, CO 81428
(970) 527 5404
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JHIO
Public Service Compa ny Crossing t h e City Ditch
S.W.1/4 of fho S.E.1/4 of Section 9
T.5 S., R.68W., 6th PM _
City of Englewood, Arapah oe County , Co lorado • ._,
PUBIIC sE1\1JFcE CO MPANY . -il n?-OR :02~1, 'iir"
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COUNCI L COMMUNI CATION
Date : Agend a Item: Subject:
May 4, 2009 9 a i Li ce nse Agree me nt -Cit y Ditch Cross in g
Agree ment fo r Pu bl ic Service Compan)'
for Repair on \IVind erm ere
Ini tia ted By: I Staff Source:
U til ities D epa rtm en t Stewart H . Fond a, Direc tor o f Utilities
CO UNCIL GOAL ANO PREV IOUS CO UNCIL ACTION
A Grant ofT emporary Cons truction Li c ens e w as issued D ecember 16, 2008 t o faci litate a:,
emerge ncy c.:mduit rep air, w ith th e un derstanding th at a li cense agreement would be forth coming.
REC O MMENDED ACTI O N
Th e Englewood Water and Sewer Board, at its March 10, 2009 mee tin g. recommended Council
adopt a bill for an ordinance approvi n g th e Li ce nse -City Ditch Crossing Agreement to th e Publi c
Servi ce Company of Colorado for a conduit repair in th e City Ditch rig ht-of-way on Windermere .
BACKGRO UND , ANALYSI S, AN D ALTER NATI VES 1!J ENTI FIED
In D ecember, 2008 th ere was a break and a res ulting ;hart in an underground elec tr ica l co nduit at
approximately Sou th W indermere and Bell eview Par1,. Xcel Ene rgy Serv ices, as age nt fo r Publi c
Service Compan y of Colorad o, req ues ted perm iss ion to make an emerge ncy repair in the City
Ditch right-of-way. A Grant ofT emp o ra ry Cons truction Li ce nse was approved by th e City
Att orn ey's office and signe d by th e Utilities Directo r on Detem be r 16, 2008. Publi c Serv ice
Compa n)' of Colora do ag ree d to iss u e a li ce nse agree ment fo r th e electri ca l conduit cross in g und er
th e Ci ty Ditch after th e project was completed .
The Licensee express ly ass um es full and stri ct lia bility for any and all dam ages of every nature to
perso n or property cause d by th e p o int or points w here th e Li ce nsee perfo rms an y work in
conn ecti on w ith th e encroachm ent into th e City Di tch ri gh t-of-way provid ed by th e Li cense e. Th e
Ci ty rese rves the right to make full use of the propert y necessa ry in the op era ti on of the Ci ty Di tch,
including th e con veyance.· oi storm wa ter ru noff.
FINANC IAL IMPACT
None.
LI ST OF ATTA CH MENTS
Bill for O rd inance