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Home My WebLink About1975 Ordinance No. 039. • .. • • INTRO DUCED AS A BILL BY COUNCILMEN BLESSING BY AUTHORITY ORD I NANCE NO . 39 , SERIES OF 1975 AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, ITS SUCCES-. SO RS AND ASSIGNS, A REVOCABLE PERMIT OR LICENSE TO ENCROACH IN A POR TION OF SOUTH LOWELL BOULEVARD WITH ONE THIRTY-SIX- INCH WATER CONDUIT, SUBJECT TO CERTAIN TERMS AND CONDITIONS. BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF ENGLE- OOD , COLORADO, as follows: Sec tion 1. That the City of Englewood, a Colorado municipal corpora- tion , hereby grants to the City and County of Denver, a Colo- rado municipal corporation, acting by and through its Board of Water Commissioners, its successors and assigns, a revoca- ble permit or license to encroach with one thirty-six-inch water conduit in a portion of South Lowell Boulevard within the City of Englewood, State of Colorado, described as follows: FOR A THIRTY-SIX-INCH WATER CONDUIT (KNOWN AS CONDUIT NO. 106 ) A strip of South Lowell Boulevard as may be designated and approved by the City Engineer of the Department of Public Works. Section 2. The revocable permit granted by this ordinance is expressly granted upon and subject to each and all the following terms and con d i tions : a) All construction in or on the areas of encroachment shall be accomplished in accordance with the Uniform Bu i lding Code as adopted by the City of Englewood, Colorado . Plans a nd specifications governing the cons tru ction wit h in the encr oac hment area shall be approved by the Director of Public Works prior to construction. Upon completion of construction a re- producible cop y of the plan s showing the exact loc~- t ion and dimensions of the encroachment shall be filed • • • with the Director of Public Works. b} The licensee shall pay all costs of construction and maintenance of the ~hirty-six-inch water con- duit within the areas of encroachment, and upon revocation of this permit, as provided herein, or upon abandonment, shall pay all costs of re~ moving of s aid lines from the areas of encroach- ment and return the street to its original condi- t i on under the supervision of the City Engineer. c) Th licensee s hall bear all expense incurred by affected utilities in changing, repairing, moving or aJterin~ their instel1ation ~ithin the area of an~:;~~nJlc~~ ~~ in ar~a~ i~;i~~nt :~~r~t~ ii td~ said changing, repairing, moving or altering are cau e d y co~stru c tion wit~in t~e area of encroach- ment. d) This revocable permit or license shall not operate t o be construed to abridge, limit or restrict the City of Englewood, a Colorado municipal corporation, in exercising its right to make full use of South Lowell Boulevard as a public thoroughfare, nor shall it operate to restrict the utility companies in the exercise of their right to construct, remove, operate ~~~ n~ji~~~~ ~~~j : ~~~~~==~~~:~: ~~:~~~ :~e Eai~ e) f ) stre et. The licensee shall agree to indemnify and always save the City of Englewood, a Colorado municipal corporation, harmless from all costs, claims or damages arising out of th e rights and privileges granted in this permit . During the existence of said encroachment, the licensee or permittee, its successors and assigns, at its or the ir expense, and without cost to the City of Englewood, shall procure and maintain a liability poli y or include public liability and property damage on an occurrence basis, covering the premises and operations with bodily injury limits of not less th an fifty thousand dollars as to any one person, and two-hundred and fifty thousand dollars as to any one occurrence, and -z - • • • ~ . .. g) with property damage limit of not less than twenty-five thousand dollars for any one oc- currence. All coverages are to be arranged on the occurrence basis and include coverage for those hazards normally identified as X.C.U. during construction. The insurance coverage hereinabove enumerated constituted a minimum 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 terms of this revocable li- cense or permit; all of the insurance coverage required herein shall be written in form and by a company or companies approved by the Director of Public Works of the City of Englewood, a Colorado municipal corporation, and authorized to do business in the state of Colorado; a cer- tified copy or certified copies of all such in- surance policies shall be filed with the Director of Public Works and each such policy shall contain a statement therein or endorsement thereon that it will not be cancelled or materially changed or al- tered without at least fifteen 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 term each such policy shall con- tain a statement therein or endorsement thereon that written notice of termination shall be given by registered mail to the said Director of Public Works at least fifteen days prior to the termina- tion of the term; all such insurance policies shall be specifically endorsed to include all liability assumed by the licensee or permitteehereunder and shall name the City of Englewood, a Colorado munic- ipality as beneficiary. The licensee shall remove and replace any and all curb and gutter, sidewalk and paving, both inside the areas of encroachment and in the areas of the streets adjoining thereto, that become broken, dam- aged or unsightly during the course of construction without cost to the City of Englewood. The licensee shall, in repairing any street cuts, replace said cuts with a minimum of six inches of basecourse with three inches of asphaltic concrete surfacing, sa~d. excavat ion to remain free from any settlement arising out of any such work performed within the limits of the trench . -3 - • • .-.... • •• The licensee shall in the future also remove, replace or repair any curb and gutter, sidewalk and paving that becomes damaged when in the opinion of the City Engineer the damage has been caused by the excavation and construction within the area of encroachment, without cost to the City. h) The City reserves the right to make an annual in- spection of the installations within the area ~£ encroachment for which a fee of fifty dollars shall be as s essed. Section 3. That the revocable permit or license hereby granted shall be revocable at any time that the Council of the City of Engle- wood shall determine that the public convenience and necessity or the public he~lth, safety or general welfare requires such revo c ation, and t~e right to revoke the same is hereby expressly rescTved to the City of Englewood, at a reasonable time prior to Council action upon such revocation or proposed revocation oppor· tunity shall be afforded to the licensee or pcrmittee its succes- sors and assigns, to be present at a hearing to be conducted by the Council upon such matters and thereat to present it or their vie ws and opi :1ions thereon and to present for congideration actio or a c tions alternative to the revocation of such license or permit Section 4. That t h i s licen~e or permit shall be of no force or effect until the following things have been done and performed: a) The licensee or permittec sh3ll have filed with the Director of Public Works a written acceptance of th(: terms and conditions of this or<linance together with a fee adequate for filing with the Clerk and Recorder in and for the County of Arapahoe; said acceptance shall be in substantially the following form: Da te : March 3, 1976 -------- We the 1m J •.';· i gnc<l, Jo hcrc·by acn•pt al 1 of the terms and c on d5 t io ;i s r cc i ted ir. Ordi1~:tnc<' No. 39 _____ , Serit..~s of 1975 . ---------·-·CITY AND COUNTY OF DENVER, Actinq by Sign e d by and T~~~-u~h it~-B~D O~ WATER COMMISSIONERS (Pcrm1 •tpe o r Ll cC'n s eC) APPRO~: Legal Di ision ~ By __ H ~N~4Wri.:l.iT-rf.inager T~ ( APPROVED: • 4 -/Jr/ .... ~~ Director of Engineering and Construction . b) The licensee or permitteeshall have filed with the Director of Public Work s all insurance poli- cies and certificates herein rec i ted; and c) The Director of Public Work s s hall have certified in writing that the for~going requirements have been performed. Introduced, read in f u ll and passed on First Reading on the 6th day of Octo b er, 1 975. Published as a Bil l or an Ord i nance on the 9th day of October, 1975. Read b y title and passed on inal reading on the 20th day of Octo be r, 1975. Publi shed by tit le a s Ord i nanc e o . 3g 1975, o the 22n d day of c ober , 75 . ATTEST: , Series of I, William D. James, do he reby certify that the above and foregoing is a tru e, accura e and c omplete copy of the Ordinance passe d on fi na l reading and p u blished y title a s Ordinance. No. 39 , Series o f 1 9 7 5 . Ex Offj io City e-rer:Tieasurer 5