HomeMy WebLinkAbout1975 Ordinance No. 027•
•
•
I TRODUCED AS A BILL BY COUNCILMAN SOVERN
BY AUTHORITY
ORDINANCE NO. .:17 . SERIES OF 1975
A ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY AND
COUN TY OF DENVER, COLORADO, ACTING BY AND THROUGH ITS
BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD,
COL ORADO.
WHEREAS, the City of Englewood, Colorado and
the City and County of Denver, Colorado, acting by and
through its Board of Water Commissioners are desirous of
cooperating together in authorizing the City of Engle-
wood, Colorado, to construct, utilize, maintain, repair
and replace an underground sprinkler system with certain
additional construction within and across Conduit No. 29
property belonging to the Board; and
WHEREAS, a written agreement has been proposed
between said municipalities and the Board to allow the con-
struction, maintenance, repairment and replacement of said
underground sprinkler system within and across the property
of the Board; and
WHEREAS, all of said facilities to be constructed
shall be in accordance with the plan as provided by drawing
68 No. 1021 belonging to the Board, a copy of which is
attached to the agreement and made a part thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That the City of Englewood Colorado shall enter
into anagreement with the City and County of Denver,
Colorado, acting by and through its Board of Water Com-
missioners according to the provisions of that certain
written instrument captioned "License Agreement", which
is attached hereto, consisting of four (4) typewritten
pages and Exhibit A, a drawing of conduit No. 29 with
proposed construction, and is hereby incorporated by reference
herein. Said instrument provides: ·
-1-
•
•
•
(1) The City of Englewood, Colorado, shall
construct the underground sprinkler system across Conduit
No. 29 according to the plan belonging to the Board drawing
68 No. 1021.
(2) The City of Englewood, Colorado, shall give
notice the last fifteen (15) days prior to the commencement
of the work to submit a duplicate set of final plans to the
Board for authorization and approval, and three (3) days
prior to commencement of the construction notice shall be
given to the Board to make such inspections as it deems
necessary.
(3) The Board receives the right to make full
use of its property and in the event that the installation
made by the City of Englewood, Colorado should interfere
with said use or operation the City of Englewood, Colorado
upon request by the Board shall relocate, rearrange or
remove said installation so as not to interferewith said
use.
(4) City of Englewood, Colorado shall clear all
construction debris and restore the area to its original
status within forty-five (45) days from the commencement
of construction and shall do all things necessary to main-
tain the property of the Board in its original condition
with full access to the property.
(S) City of Englewood, Colorado shall not dis-
charge water upon property of the Board or interferewith
the flow of water in the Board facilities, and shall use
all reasonable means to prevent any loss or damage to the
Board because of the ins tallation and any necessary repairs
shall be at the sole expe nse of the City of Englewood,
Colorado , which shall indemnify and save harmless the
Board, its of ficers, employees and agents against any
and all claims, damages, causesof action and the expenses
connected therewith because of any work done or ommissions
to do work. Insurance policies in amounts and with companies
satisfactory to the Board shall be provided for the Board's
protection by the City of Englewood, Colorado.
-2-
•
•
•
6. All wo rk d o n e by th e City of Englewood,
Colorado shall be at its sole expense and the instal-
l a tion shall b e owned by the City of Englewood, Colorado.
If the right for installation has not been exercised by
t h e City o f Englewood, Colorado within a period of one (1)
y ear or if the conditions of the requirements have not
been complied with, the Board may revoke said license and
upon its termination the City of Englewood, Colorado shall
h ave ten (10) days to remove its installation. Failing
removal, the Board may remove said installation at the
expense of the City o f Englewood, Colorado.
7. The base license fee includes eight (8) hours
of inspection by the Board and if further inspections are
required the City of Englewood, Colorado shall pay at the
rate of $8.00 per hour.
8. The license may be terminated by the Board
if thirty (30) days written notice is given to the City
of Englewood, Colorado and all applicable laws and ord-
i nances, rules, regulations and requirements of any govern-
mental authority must be observed .
Section 2.
The Mayor is hereby authorized and directed to
e xecute same for and on behalf of the City of Englewood
a n d the City Clerk is directed to attest same and affix
the Seal of the City hereto.
Introduced, read in full and passed on first
re ading on the 5th day of May. 1975.
Published a s a Bill for an Ordinance on the
8th day of Ma y , 19 7 5 .
Re a d by t i t le and pas s ed on final reading on
t h e 19th day o f May, 1975 .
Pu bl ished by t i t l e as Ordinance No. :17 , Series
of 1975, o n the 22nd day o f May, 1975 .
-3-
•
•
•
ATT EST :
.ex ~~i~~cfunier!C-Treasurer
I, Karl Nollenberger, do hereby certify that
the above and foregoing is a true, accurate and complete
copy of the Ordinance, passed on final reading and pub-
lished by title as Ordinance No.· ..:17 , Series of 1975.
~~ty Clerk-Treasurer
-4-
.,
• •
•
•
LICENSE AGREEIEIT
THIS LICENSE AGREEl£NT. made this ~/day of kc .
19 75 , between the CITY MD COUNTY OF DE , a muni ci iflCorporati on of the
State of Colorado, acting by and through its BOARD OF WATER COftlllSSIONERS, .
herein referred to as "Board", and THE CITY OF ENGLEWOD, a municipal corporation
of the State of Colorado,
herein referred to as "Licensee" (whether grammatically singular or plural).
WITNESSETH That:
The tenn "Licensee" sha 11 include employees. agents and contrac t ors of
L1 censee .
The tenn "property" as used herein refers to real property and includes
easements, rights-of-way and other Board interests in land and may some times
be referred to herein as "Boar property".
The Board, by these presents, without warranting title or interest, and
subject to the covenants hereinafter set forth does hereby authorize the
Licensee, its successors and assigns, to: construct. utilize, maintain. repair
and replace a PVC and polyethylene p1pe underground sprinkler system. above
ground ~ckflow preventer. meter pit. sprinkler system controller on a 4' x 4'
concrete slab and a playground area which shall include a concrete curb enclosure,
swings, sl1des and climbing structures within and across
the Board 's Conduit No. 29 property at the
location de~cri bed in Exhibit 11 A", attached hereto and made a part hereof.
1. Any construction initiated under this License shall coq:>ly with
and confonn to standards fonnulated by the Board and such construction shall be
perfonned and completed according to the plan and within the tolerances given
on the Board's dr~ing(a) Dr. 68 No. 1021. a cop,y of which 1s
attached hereto and made a pa rthereof. -
2 . The Licensee, at least fifteen (15) days prior to the proposed date
for conmencement of the work hereby authorized, shall submit to the Board for
its approval a duplicate set of final detailed plans of the installation Licensee
proposes to construct, utilize, modify, repair, replace or maintain hereunder.
No construction will be pennitted on the licensed premises until the Board has
approved the plans therefor.
3. The licensee shall notify the Board at least three (3) days prior to
comnencement of the construction of, modifications or repairs to licensee's
insta l lation, so that the Board may make such inspections as it deems necessary .
In the event of emergency repairs required for safety or restoration of service
to util i ty customers, Licensee shall not be required to furnish notice prior to
conmencing said repa 'rs, but shall notify the Board of the nature and extent of
any s uch emergency work.
4. In granting this licen s e, the Board reserves the right to make full
use of t he property involved as may be necessary or convenient in the operation
of th e ater plant and system under the contro l of the Board and the Board
retains all right to operate, maintain, install, repair, remove or relocate any
of its facilities located within the Board's property at any time and in such a
manner as it deems necessary or convenient . In the event licensee's i nstalla-
tions s hou ld interfere with the Board's use or operation of its property, at
any t ime hereafter, the Licensee shall, upon request by the Board and at
Licen spe 's s ole expense , i1T111ediately relocate , rearrange or remove its installa-
tion so as not to interfere with any such Board use.
5. The licensee s hall complete its installation, clear the area of all
construction debris and restore the area to its preexisting condition as nearly
as may be possible wi thin 45 days from the date of conmencement of con-
struction. In the event clearing and restoration of the area is not completed
within the time specified, the Board may complete the work at the sole expense
of the Li censee.
FORM 5011/2/75
. .,
•
•
•
6. All Board roads and fencing wh ich are disturbed by the construction
of Licensee's installation shall, within the t i me prescribed in paragraph 5
hereof, be restore d to a cond i tion s atis factory to the Board. Board roads and
fencing disturbed by t he r e con struct ion , maintenance, modification, operation,
repair or replacement of Lic ens e e 's faci l i ties shall irmiediately be restored by
licensee to a condition satisfactory to the Board. Restoration of roads shall
include, but is not limite d to, resurfaci ng when deemed necessary by the Board.
If restoration is not accomplished by th e l i censee within the time specified,
the Board at its election may perform su ch restoration at licensee's expense.
Licensee shall conduct all construction , modification, operation, repair, replace-
ment and ma'nt enance of its installations i n suc h a manner that the Board at all
t ' s s all have full and complete access t o i ts property.
7. Th e Licensee shall, if required by the Board, place and maintain
pennanent, visible markers of a type and a t loca ti ons des i gnated by the Board
to define the centerline of Licensee's installat i on. If the placing of the
centerline markers is not completed within the t i me specified, the Board may
co111>lete the work at the expense of the Li censee .
8. Licensee shall not trim or cu t down any trees, shrubs, or brush on
the Board's property without pe nnission of the Board. When required by the
Board, licensee, at its expens e, shall trim or cut down trees, shrubs or brush
and remove and dispose of the cutting debri s to the satisfaction of t he Board .
9. All service lines within the Board's property from the facility
herein licensed shall be install ed in a manner satisfactor1 to the Board.
-, li::i f-'.· ·1!•SIQ N N OT ·.~.:..;:>L, ;*E 10. o porti?n ~T:'l~·cense e s (api ity shafl extend~el stringers
of any brbllafr~~·~ .1 s,~~tadledOT · .::, r!f ?L : .. AB ; E
11. G~y' wires a'nd/or\.a~~!~~~al ~'t1 e inst ~ll~d onl ;_:a~J&JGo~s
designated ·by the B'Oa-rd;'" · · · ·
12. All trenches and excavations with in Bo a rd property shall be back-
filled in the foll<Ming manner: The trench or excavation shall be backfilled
to the original ground line using only sui t able soft earth material. The back-
fill material shall be deposit ed in layers not to exceed eight (8) inches loose
measure for the full width of the trench. Layers s hal l be brought up unifonnly
and compacted with mechanical tampers cap able of exerting a blow at least
equivalent to 250 pounds per square foot, t o 90 % of Standard Proctor Maximum
Density. The moisture content of the mat er i al sh a ll be adjusted as required to
secure the above density. The amount of wa ter used shall be sufficient to
obtain the maximum density specified. Wh en moisture is in excess of that neces-
sary for proper compaction, the Licensee s hall be required to grade, mix or
otherwise process wet material to prop e r moi sture content or haul in suitable
material. Tamping equipment shall be sub ject to t he approval of the Board.
13. Undergro und electric power line in sta ll ations shall be encased i n
rigid steel conduit within the Board's prop e r ty.
14. Gate installations shall be instal led accord i ng to Board specifica-tions a tt.Jiclj~d..he 1'2,io, a,~ ,t/1&. ~}11.El(l ie 11f. J;IJe,..l. i CR ~ 1 a~ll ~~et i on of
the in stcil tMh,l'!tta'l+·u~~l~'jol~~ i!x c1 'dS:1ve~pe GJ e Board.
Locks furnished by the £oard shall be install ed upon said _g : tall times
such gates sha 11 ··be cl ased and locked, ex cept at "Board option, gates may be
loc ed OPE1 when water is in its facili ty or when necessary for patrolling its
facility.
ti on ~~· e'itt ~~fa?:~~~a~tQN~c~ t :'~Pat~~~s;;n::
faction of the Boar~. Said approaches shall n 6~ ~av~~ gr th an fo ur
per cent {4 %}. L"censee shall at no time obstruct Board roadways, or ingress to
or e gress ro such roadways.
16. L'censee shall place reinforced concre t e cut-off wa l ls, as sh own on
the attached dra ing entit l e d, 11 pical Cut-Off l~all " (Dr. 69t No. 722J. at
locations at ·-ed~.t -the Ba ~ONh N ()llf wa l ~U · ba.A~iiil.mum thick-
ness of ten inc es (10"), shafl extend one fo ot (1') into undi_j4;1,lytfed original
ground on both sides of Licen see's trench, an d t o th e ex i st irig'gr·ciuriaTine.
Each cut-off wall excavation, forming and steel pl acement shall be inspected
and approved by the Board prior to placement of concrete.
-2-
. . .
•
•
•
17. Licensee shall not and will not be pennitted to discharge water into
or upon any Board property or facility. but shall provide for carriage of any
water over or across Board property or faci 11 ty in a manner satisfactory to the
Board at no expense to the Board.
18. At no time shall Licensee interfere with the flow of water in Board
facilities and Licensee shall assume all risks incident to the presence of water
in Board facilities.
19. Licensee will use all reasonable means to prevent any loss or damage
to the Board or to others resulting from the construction, modification, replace-
ment, repair, operation and maintenance of Licensee's installation. Any repair
or replacement of any of the Board's installations on its property made necessary,
in the opinion of the Board, because of the construction, modification, operation,
maintenance, repair or replacement of Licensee's installation, shall be made only
by the Board and at the so le expense of the Licensee. ·
20. Licensee shall indermify and save harmless the Board, its of fi cers,
employees and agents, against any and all claims, damages, actions or causes of
action and expense to which it or they may be subjected by reason of Licensee's
installation being located within and across the property of the Board or by
reason of any work done or orni ss ion made by Licensee, its agents or employees,
in connection with the construction, operation, modification, replacement,
maintenance, repair or removal of Licen see's installation. If the construction
of all or any part of Licensee's instal lation is to be perfonned by an indepen-
dent contractor under contract with the Licensee, the Licensee shall so notify
the Board and shall incorp orate the stipulations and conditions of this License
into the contract specifications, and if required by the Board, cause sa~d
independent contractor to obtain, prior to connencement of the work, an insurance
policy or policies in amounts and with coq>anies satisfactory to the Board, which
will protect the Board from any loss or damage resulting from the work performed
by the contractor.
21. Ltcenue may ~enq~i-;ns.rta~~lf of 'o~i~.m ·u2· · _ny lines on
the Licensee's poles instalfednereunder; provided, that th ~ alling utility
coq>any shall comply with all conditions and stipulations---o . cense and be
bound thereby.
22. All work authorized by this License shall be performed by the Licensee
at no expense to the Board and, except as otheni1ise set forth herein, Licensee
shall own and maintain its instc. l at·l on thereafter.
23. The rights and privileges granted in this License are subject to prior
Agreements, Licenses and conveyances, recorded or unrecorded. and it sha 11 be the
Licensee 's sole responsibility to detennine the existence of any rights, uses or
installations conflicting with the Lice nsee's use of the Board's property hereunder
and to reso 1 ve any conflict.
24. If the Licensee does not use the right herein granted or its installa-
tion for a period of one (1) year, or if Licensee shall at any time fail or refuse
to comp l y with or carry out any of the conditions of this License, the Board may,
at its election, revoke this License forthwith by written notice to the Licensee
in person or by mail at Licensee~ last known address. Upon termination of the
License, the Licensee shall have ten (10) days to remove its installation from the
Board 's property. In the event Licensee does not remove said installation within
the ti me allowed, the Board, without i ncurring liability, may remove said installa-
tion at Lic ensee's expense.
25 . Upon abandonment of any right or privilege herein granted, the right
of Licensee to that extent shall terminate, but its obligation to indermify and
save harmless the Board, its officers, employees and agents, shall not tenninate
in any event.
26. The rights granted Licensee hereunder may not be assigned without the
writte ~ cons ent of the Board.
27. The base license fee includes eight (8) hours of inspection by the
Board and if the Board requ i res f urther inspection, Licensee shall pay therefor at
the rate of $8.00 per hour.
-3-
FORM 5011/2/75
•
28. The Board may, at any time, by giving the Licensee thirty (30) days written
notice, tenninate this Agreement.
•
29. Lic ensee shall comply with all applicable laws and ordinances and all rules,
regulations and requirements of any Goverr1nental authority prOlllJlgated thereunder
controlling environmental standards and conditions of the premises. If, as a result
of the Licensee's occupancy of the premises and its operations hereunder, any such
law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless,
defend and indemnify Board from and against any penalties, fines, costs and expenses
including legal fees and court costs incurred by Board, caused by, resulting from
or connected with such violation or violations.
30. This License is subject to the foregoing conditions and to the following
special conditions:
30 (a) If 1t is necessary, in the opinion of the Board, to remove Licensee's facilities
or appurten nces herein authorized, Licensee shall remove said facilities intnediately upon
notif1cat1o from the Board and Licensee further agrees that removal and replacement
shall be a the sole expense of Licensee. In the event said fac111t1es are not removed
irmted1ately upon notification by the Board, the Board may remove said facilities at
the sole expense of the Licensee •
IN WITNESS WHE REOF, this instrument has been executed as of the day and year first
above written.
APPROVED:
Director of Plant
Director of Engineeri ng and
Construction
APPROVED AS TO FORM:
CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
By:
Manager
~grf~
The undersigned au th or i zed officer of~T=HE=--=C--r-1..:..,TY,r-.:::;Or:-F..,.,E=NGTT-L=EWOO~=D~--------
has read the foregoing Lic ense and agrees f or and 1n behalf of ~aid Cit~
that it will accept and will ab~id-r-e--r-b_y.._a.....,.1 ...... 1-t""'"'h-e--,.-terms
·-an-d-=--c-on-d~i~t~io_n_s.......,..,th~e-r-eo-f~.-----
ATTEST: THE CITY OF ENGLEWOOD
(Licensee)
(Title) By: Ctty Clerk Mayor (Title) ADDRESS:
(5EAL)
-4-
~-
SECTION 9 , TOWNSHIP 5 SOUTH, RANGE 68 WEST
--ARAPAHOE COUNTY --
6th P. M.
s ooz9 '30"w 1
1 1 az' J
NOT E S :
NE IJ4NE1/4
SEC . 9
5 . 57°10°1 5 °0 W I
222 64°
ALL P I PELINES PRO POSED ARE P.V .C
OR POLYETHYLENE SP R I NKL ER LI N ES .
2 . S A TIO N I G S OW IS APPR OXIMAT E
COND UIT NO 29 STATIONING
•
o PO INTS OF BEGINNI NG AN O T ERM I NUS
OF SPRINKLER LINE CROSSINGS .
e POP-UP SPR I KLER HE A D
----CONCRETE CUR B LEGEND -
-·-••BOU DA Y D MWW RIG HT ·OF ·WAY
LI CENSE GRANTED
DOCUMENT DATEC
SEC'v FILE DOC
W. N Y AVE. 4 3
10
72 11 STL. CONDUIT •29
•
I •
PROFILE -AA -TYPICAL PROFILE
NO SCALE
•
I •
THE DENVER MUNICIPAL WATER WORKS
ENGINEERING DIVISION
CONDUIT NO. 29
LICENSE GRANTED TO CITY OF ENGLEWOOD
FOR A PLAYGROUND AREA 8i U.G . SPRINKLER SYS
SCALE : __ N.Q.I~ __ DATE_: _3_:_1 ~ ~ __
ORN . _A.!tR_. TR. AJ'f_ __ CK . A__& . .R_
APP _ _ _ _ _ _ _ OR . .§fl_ NO.J9~ -
~
•
•
•
• .. t ..
EXHIBIT "A"
A License granted to construct, utilize, maintain. repair and replace a PVC and
polyethylene pipe underground sprinkler system together with appurtenances and
playground area together with appurtenances within and across the Board's right-
of-way for Conduit No. 29 situated tn the northeast quarter (NE 1/4) of Section
9, Township 5 South, Range 68 West of the Sixth Principal Meridian, County of
Arapahoe, State of Colorado, more partfcularly described as follows:
Beginning at a point on the west property line of South Huron Street whence
the north~st corner of said Section 9 bears North 03° 14' East a distance
of 640.8 feet more or less; tnence South 89° 57' 45" West a distance of
69.77 feet to a potnt; thence South 57 9 10' 15" West a distance of 222.64
feet to a point; thence South 0° 29' 30" West a distance of 71.82 feet to a
point; thence North 57° 10' 15 11 East a distance of 186.00 feet to a point;
thence North 12° 32' 15 11 West a distance of 10.67 feet to a point; thence
North 57q 10' 15 11 East a distance of 64.00 feet to a point; thence North 89°
57' 45 11 East a distance of 49.18 feet to a point on the west property line ·
of South Huron Street; thence North Oq 32' East along said property line a
distance of 47.0 feet more or less to -the point of beginning •