HomeMy WebLinkAbout1976 Ordinance No. 013• .r
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NI'ROIXJCED AS A BILL BY CCXJNCIIMAN SOVERN
BY AUTI-K>RITY
ORDINANCE f\O. 13 , SERIES OF 197 6 ---
AN ORDINANCE GRANI'ING TO TiiE CITY OF OiERRY HILLS VI,LLAGE SANITATION
DISI'RICT, ARAPAOOE COUNTY, COLORAOO, ITS SUCCESSORS AND ASSIGNS, A
REVOCABLE PERMIT FOR A LICENSE TO ENCROAOi IN A PORTION OF EAST JEFFER-
SON DRIVE WIIB CM 21-INOi DIAMETER SANITARY SEWER, SUBJECT TO CERTAIN
TERMS AND CONDITIONS.
BE IT ORDAINED BY TiiE CITY COUNCIL OF TiiE CITY OF ENGLEWOOD,
COLORAOO, AS FOLLCMS:
Section 1
The City of Englewood, a Colorado municipal corporation, hereby
grants to the City of Cherry Hills Village Sanitation District, a quasi-
Jll.Ulicipal corporation, its successors and assigns, a revocable pennit
or license to encroach with one twenty-one inch (21") diameter sanitary
sewer line in a portion of East Jefferson Drive, within the City of Engle-
wood, State of Colorado, described as follows:
Section 2
Comnencing at an existing manhole at East Jefferson
Drive located at the approximate center line extended
of the alley between Pearl Street and Pennsylvania
Street, thence southeasterly in East Jefferson Drive
for a distance of approximately 925 feet to a point
on the east line of Section 3, Township 5 South,
Range 68 West, located approximately 270 feet south
of the southeast corner of the northeast border,
northeast quarter, Sectio1 3, Township 5 South,
Range 68 West.
The revocable pennit granted by this ordinance is expressly granted
and subject to each and all of the following tenns and conditions:
(a) All constn.iction in or on the areas of encroachment shall be
accanplished in accordance with the Unifonn Building Code, as
adopted by the City of Englewood, Colorado. Plans and specifi-
cations governing the constn.iction within the encroachment area
shall be approved by the Director of Public Works prior to con-
stn.iction. Upon completion of constn.iction, a reproducible copy
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• (b)
(c)
(d)
(e)
(f)
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of the plans showing the exact location and dimensions of the
encroachment shall be filed with the Director of Public Works •
'Ibe licensee shall pay all costs of constnJCtion and maintenance
of the 21-inch sanitary sewer line within the areas of encroach-
ment, and upon revocation of this pemit, as provided herein, or
upon abandonment, shall pay all costs of removing of said lines
fran the areas of encroachment and return the street to its ori-
ginal condition under the supervision qf the City Engineer.
1be licensee shall bear all expense incurred by affected utilitities
in changing, repairing, removing or altering their installation
within the area of encroachment, or in the area adjacent thereto,
if said changing, repairing, moving or altering are caused by
constnJCtion within the area of encroachnent.
'Ibis revocable pemit, or license, shall not operate or be
constnJed to abridge, limit or restrict the City of P.nglewood,
a Colorado JILDlicipal corporation, in exercising its right to
make full use of East Jefferson Drive as a public thoroughfare,
nor shall it operate to restrict city utilities or utility
coq>anies in the exercise of their right to construct, remove,
operate and maintain their or its installation within the said
street.
'Ibe licensee shall agree to indemnify and always save the City
of Englewood, a Colorado 111.Ulicipal corporation, hannless from
all costs, claims or damages arising out of the rights and
privileges granted in this pennit.
During the existence of said encroachment, the .licensee,
successors and assigns, at its or their expense, and without
cost to the City of Englewood, shall procure and maintain a
liability policy to include public liability and property damage
on an occurrence basis, covering the premises and operations
with bodily injury limits of not less than one hundred thousand
dollars ($100,000) as to any one person, and three hundred
thousand dollars ($300,000) as to any one occurrence, and with
property damage limit of not less than one hundred thousand
dollars ($100,000) for any one occurrence. All coverages are
to be arranged on the occurrence basis and include coverage for
those hazards normally identified as X.C.U during construc-
tion. 'Ibe insurance coverage hereinabove enumerated consti-
tutes a mininlln requirement and such enumeration shall in no
way be deemed to limit or lessen the liability of the licensee
or permittee, its successors or assigns, under the tenns of
this revoctble license or pennit; all of the insurance cover-
age required herein shall be written in fonn and by a canpany
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Section 3
or companies approved by the Director of Public Works of the
City of Englewood, and authorized to do business in the State
of Colorado; a certified copy or certified copies of all such
insurance policies shall be filed with the Director or Public
Works and each such policy shall contain a statement therein
or endorsement thereon that it will not be cancelled or ma-
terially changed or altered without at least fifteen (15)
days' prior written notice, by certified mail to the said
Director of Public Works, and if such policy or policies
shall be for a specific tenn each such policy shall contain
a statement therein or endorsement thereon that written notice
of tennination shall be given by registered mail to the said·
Director of Public Works at least fifteen (15) days prior to
the termination of the tenn; all such insurance policies shall
be specifically endorsed to include all liability asstaned by
the licensee or pennittee heretmder and shall name the City
of Englewood, a Colorado municipal corporation, as beneficiary.
The licensee shall remove and replace any and all curb and
gutter, sidewalk and paving, both inside the areas of encroach-
ment and in the areas of the streets adjoining thereto, that
becane broken, damaged or 1.DlSightly during the course of con-
struction, without cost to the City of Englewood. The licensee
shall, in repairing any street cuts, replace said cuts with a
mininun of six inches of basecourse with three inches of as-
phaltic concrete surfacing, said excavation to remain free
from any settlement arising out of any such work perfonned
within the limits of the trench.
The licensee shall in the future also remove, replace or repair
any curb, gutter, sidewalk and paving that become damaged when
in the opinion of the City Engineer the damage has been caused
by the excavation and construction within the area of encroach-
ment without cost to the City.
lbat the revocable pennit or license hereby granted shall be revocable
at any time that the Council of the City of Englewood shall detennine that
the public convenience and necessity or the public health, safety or general
welfare require such revocation, and the right to revoke the same is hereby
expressly reserved to the City of Fnglewood. A reasonable time prior to
Council ac t i on upon such revocation or proposed revocation dpportlD'lity
shall be a f f orded to the licensee or pennittee, its successors and assigns,
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t o be present at a hearing to be conducted by the Council upon such matters
and thereat to present its or their views and opinions thereon and to pre-
sent for consideration action or actions alternative to the revocation of
such license or pennit.
Section 4
That this license or pennit shall be of no force or effect l.Dltil
the following things have been done and perfonned:
a) The licensee or pennittee shall have filed with the
Director of Public Works a written acceptance of the
tenns and conditions of this ordinance together with a .
fee adequate for filing with the Clerk and Recorder in and
for the Col.Dlty of Arapahoe, State of Colorado; said
acceptance shall be in substantially the following fonn:
We, the lDldersigned, do hereby accept all of the tenns and
conditions recited in Ordinance No. Series of -----
Signed by ___________________ _
(Pennittee or Licensee)
By-----~---.....---------........ -----------------( Name of Officer)
b) The licensee or pennittee shall have filed with the
Director of Public Works all insurance policies and
certificates herein recited; and
c) The Director of Public Works shall have certified in writing
that the foregoing requirements have been perfonned.
Introduced, read in full and passed on fi rst reading on the 1st
day of March, 1976.
Published as a Bill for an Ordinance on the 3rd day of March,
1976.
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Read by title and passed on final reading on the 15th
day of March, 1976.
Published by title as Ordinance No.
1976, on the 17th day of March, 1976.
ATTEST:
ex officio c~~rk-Treasurer
13 , Series of ---
I, William D. James , do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title
as Ordinance No. 13 , Series of 1976.
e~~o C~~k-Treasurer
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