HomeMy WebLinkAbout1980 Ordinance No. 005•
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BY AUTHORITY
ORDINANCE NO. 5 SERIES OF 198 ..... 0 __ _ COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER NEii.
AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF
COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE
USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND
MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO,
A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY.
BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. Upon the conditions hereinafter set forth, there is
hereby granted to the City and County of Denver a municipal corpora-
tion of the State of Colorado, sometimes hereinafter referred to as
"Denver", for the use of its Board of Water Commissioners, sometimes
hereinafter referred to as the "Board", a permit to construct,
operate and maintain an eight-(8) inch water main under and across
certain hereinafter described roads, streets and property in the City
of Englewood, Colorado, sometimes hereinafter referred to as
"Englewood", to wit:
Situate in the SE 1/4 of NW 1/4 of Section 33,
Township 4 South, Range 68 West of the 6th
Principal Meridian, City of Englewood, County of
Arapahoe, State of Colorado, and along the center-
line more particularly described as follows:
BEGINNING at the center of said Section 33,
thence N 89°50'00" W a distance of 396.74 feet;
thence N 90°00'00" w a distance of 19.0 feet to
the true point of beginning1 thence N 89°50'00" W
a parallel to the North line of West Dartmouth
Avenue a distance of 282.0 feet to the point of
terminus.
Section 2. The foregoing right, permit and license is granted only
upon the following express terms and conditions, to wit:
a. All rights hereunder shall be exercised in such manner as
to cause the least possible inconvenience to those entitled to make
use of the streets or avenues involved and the least possible
obstruction to travel in and along said streets or avenues. To this
end, the Board shall, wherever possible, always leave open at least
one-half of roads, streets or avenues adjacent to or crossing the
excavations and construction work of the Board and shall take all pos-
sible precautions to prevent accidents and injuries in connection with
any of its work along the avenues and streets hereinabove mentioned.
In no event, during the process of construction and laying of said
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cond uit, or the maintenance thereof, shall any public or private
street, alley or right-o ~-way be obstructed to travel for a con-
tinuous period of more than four (4) days. During the construction
and maintenance of said condui t, there shall at no time be stored or
left on the s urface of the streets, alleys or other rights-of-way
of the City o f Englewood any pipe, materials or equipment used in
construction and ma i ntenance of said conduit for a period of more
than two (2) weeks a t any one location before putting to use.
b. Should i t become necessary for the Board, during the excava-
tion for, or the i nstallation or maintenance of, the said conduit
to disconnect any house service lines from any lines presently in
place in said s treets or avenues, the Board shall cause the same
to be done in s uch a manner as to cause the least possible delay and
inconvenience to the water users thereof, and the interruptions in
water service t o any property shall, in no case, exceed a period of
six (6) hours. All d i sconnection and reconnection of any such water
service lines shall be done in a good and workmanlike manner and all
expenses incurred therein shall be the sole responsibility of the
Board.
c. All e xcavation and construction, installation and maintenance
work which the Board shall undertake pursuant to this permit shall be
subject to the inspection by a competent and qualified inspector who
shall represent the City, and the Board agrees to comply with all
reasonable requests thereof in the performance of said work. All
such work sha ll be performed so as not to interfere with or damage
any utility lines owned by the City or private utilities existing
within such s treet. After each excavation, the street shall be
refilled; the upper 7 inches of fill shall consist of 4 inches of
asphaltic base and 3 i nches of asphaltic concrete surfacing, surfac-
ing to apply where exi sting surfacing is disturbed. All of the afore-
said work shall be free from settlement arising out of any excavation.
There shall be properly designed concrete encasements required at
each pipeline c rossing of sanitary sewer lines and water lines so as
to eliminate f oreign pressure and stresses upon the Englewood sewer
and water ins tallations. The foregoing shall be subject to the approval
of a representative of the Director of Public Works of the City of
Englewood, Co lorado. Any consequential damage to side streets, the
surface, or i n s tallations thereon, approaching the various intersec-
tions with the right-of-way hereinabove granted because of pipe and
material storage and heavy equipment movement, or from other causes,
shall be rep aired or replaced in their original condition at the sole
expense of the Board.
d. Denver and the Board, its seccessors and assigns, shall at
all times save and keep harmless the City of Englewood and its City
council and other off i cers and employees from any and all damages
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that may in any manner arise from the granting of this permit and the
exercise of any rights granted hereunder1 provided, however, that the
Board, its successors and assigns, shall not be so held liable unless
given full opportunity to defend any such claims.
Section 3. Nothing herein shall be conetrued as granting to Denver
or the Board any rights other than the permit herein expressly de-
fined and set forth, nor shall anything in this Ordinance be construed
as granting an exclusive privilege to Denver or the Board, it being
understood that the right of Englewood to grant the use of its roads,
streets, avenues, alleys and other public riqhts-of-way to others for
public and private purposes is fully reserved to Enqlewood consistent,
however, with the full exercise of the rights granted by this permit.
Section 4. A copy of this Ordinance, signed by the Mayor and the
city Clerk of the City of Englewood, Colorado, shall be sufficient
evidence of the permit herein granted. The acceptance of this permit
by Resolution of the Board, a copy of which shall be duly certified
to the Clerk of the City of Englewood, Colorado, and the commencement
of the work hereunder shall be conclueive evidence of the acceptance
by the Board of all the terms and conditions of this Ordinance, and
the Board agrees to perform such terms and conditions.
Section 5. It is expressly understood and agreed that the granting
and acceptance of this permit is and shall be without prejudice to
any rights or obligations of the City and County of Denver, Colorado,
or its Board of Water Commissioners, or the City of Englewood,
Colorado, or any inhabitants thereof.
Section 6. In the opinion of the City Council for the City of
Englewood, Colorado, this Ordinance i• neceeeary for the preservation
of public property, health, peace or eafety in that the City and
County of Denver, Colorado, acting by and through its duly consti-
tuted and appointed Board of Water Comnissioners, is urgently in need
of the right-of-way herein granted for the construction of the water
main herein set forth, and this Ordinance shall take effect upon
publication following final passage.
Introduced, read in full and passed on first reading on the
24th day of March, 1980.
Published as a Bill for an Ordinance on the 26thday of March,
1980.
Read by title and passed on final reading on the 7th day of
April, 1980.
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Published by title as Ordinance No. 5 , Series of 1980, ----on the 9th day of April, 1980.
Attest:
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Enqlewood, Colorado, do hereby certify that the above and
foreqoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No._s ___ ,
Series of 1980. ~
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