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Home My WebLink About1973 Ordinance No. 049DIUOOJICft• Al A BIU. BY comr:IUIUI 8CIDIM:JCBtmBi.; BY AUl'HORI'l'r ON>DIAHCB HO • ....!!....• SERIES OP 1973 All 0.DallCS GMlll'Dk; 'ft> 'lllB Cl'IY All> COOlfl'Y OP DBllVBR, STATE OP COLORADO, A MUNICIPAL CORPORATION, M..'T%m BY, Tllll>UGH All> POil '1'llB ms Of' l'1'S 8QIUI) OP WA'1'BR CXWISSIONBRS, A PBRMl'l '1'0 CONSTRUCT AND •DllAD A wusa oo.>on '!'BROUGH 'lllB CITY OP BllGU!lfOOD, COLOR!U>O, A MJNZCIPAL CORPORATION, AND -n omanmo BY., .. CI'l'Y CX>1KIL OP '!'HE Cl'IY OP nwca•ooo, COLORAD01 8eftim 1. Upan the canditiona hereinafter Mt forth, there i• hereby granted to the City and County of o.wer, a amicillal corporation of the State of Colorado, •ometille• hereinafter referred to as •oe.rw.r• for the 1189 of ita Board of Water C01Wi••ioner•, •011etiae• hereinafter referred to as "the Boad•, a pemit to constract, operate and maintain, an eight-inch wter -in under and across certain banimfter clacribed mada, atneta and property in the City of Englewood, Colorado, sometimes herein- after nfernd to u •Bnglewooct,• to-vita In Soatb Sbosbone Street frcm W..t Playd Avenue to West Dartmouth Avenue. ID Daztlioutb &venue from South Shoabone Street to 260' + ••t of South Sbollbaae Su.et. lectiGD 2. in. ~regoing right, pemit and licenM i• granted only upon the followinq express terms and conditiana, to-vita A. All riAJbta hermnder shall be wrcised in such manner a• to cause the least poaaible inconvenience to thoee entitled to make use of the streets or avenues lnw»lftd, and the 1~ possible ob8tzuction to travel in and alonq said streets or a,,...•. To thia end, the Board shall, wherever poa•ible, always .. leave open at lMat one-half of roads, •treets or avenues adjacent to or crossinq the exca- •tiana and construction work of the Board and shall take all possible precautions to preftDt accidents an4 injuriu in connection with any of its work alonq the av.nae• and atEeeta bereimbon-..ntioned. ID no event, during the process of cautmctian and layincJ of said condait, or the •intenance thereof, shall any public or private 81:net, alley or right-of--y be obstructed to travel for a contilmaua period of llOZ'e than four (4) days. During the construction and •in~0ce of Mid conduit, there •ball, at no time, be stored or left on the nrfaoe of the stEeeta, alleys or other rights-of-wy of the City of Englewood, any pipe, •teriala or eqaiJment uaed in constzuction and maintenance of said cantiait for a period of more than two (2) veeka at any one location before puttinq •• toaae. lbaalcl it bee~ necMMJ:Y for th• Board, during the excavation for, or the inatallation or •intenance of, the Mid conduit, to disconnect any house service linea from any linea presently in place in aaid atreet• or avenues, the Board aball caw tbe --to be done in such a •nner u to cauae the least possible delay and incanvenience to tae wter uaen thereof, and the interruptions in •tar Hn1ce to any property shall, in no case, exceed a period of six (6) baan. All diaconnectiona and re-connection of any such water service lines .._11 be done in a good and vodman-like manner, and all expenses incurred therein ahall be the sole responsibility of the Board. c. All excavation and construction, installation and -intenance work which the Board aball undertake parsuant to this pemit shall be aubject to the inspection by a ccmpetat and qualified Inapector who shall repr•ent the City, and the Board apeea to cmply with all reascmabl• requests thereof in the perfo~ce of said won. All nch work shall be perfor.ed so a• not to interfere with, or damaqe any utility lines awned by the City or private utilities existing within such street. After •ch exca•tion, tbe street shall be refilled1 the upper eleven inches of tbe f W aball conaist of eight inchu of good quality compacted gravel base- caane and three inches of asphaltic concrete •urfacing, surfacing to apply where uiating surfacinq is diatuzbed. All of the aforeaaid work •hall be free from Httl1•1nt arising oat of any excavation and perforaed within the limits of the tzmch ... wtion. 'l'here shall be properly duigned concrete encaaaaents reqairecl at •ch pipeline croesing of sanitazy sever linu and water lines so as to •U•tmte foreign preaure an4 strusu upon the Englewood Sewer and Water Iaatallations. The foft(Joing shall be aubject to the appmval of a representative of the Director of Public Worka of the City of Englewood, Colorado. D. 'lb• City of Englevoocl pl•ns to install a 48-inch atom •ewer line (with three feet of conr) in Daztlioutb &venae apprmdaately twelve feet south of the centerline of Dadaaatb1 therefore, the eight-inch wter line approved hereby should be ten •• feet deep to top of pipe in this location. There is to be installed a railroad apar juat ... t of Sboebane and croeaing Dartmouth Avenue, and the Denver Water 8oazd a~ to protect their line from any posaible damaqe from the rail spur. Dellftr ancl the Board, ita succeasor• and usigns, shall, at all times, save and keep haml•••, the said City of Englewood and ita City Council and other officers and .. loyw f ma any and all damages that -y in any manner arise from the qranting of this puait and the exerciM of any rights qranted hereunder, provided, however, tbat the Boazd, ita successors and assigns, •ball not be •o held liable unless given full opportanity to defend any such claims. I I I I I I aeaUma 3. llotb1ag benila ... 11 be CGD8tned u granting to Deaver or the Board any righta other than the pelllit baniD up1wl7 defined and Mt forth, nor aball anything in thi8 ordinance be con•trued as pantl.Dg an aclmiw privilege to Denftr or the Board, it being undentood that the right of Englewood to pant tbe m of ita EOad9, atreeta, avenue•, alley• and other public rights-of-way to others for pablic aad priwate pazpoe• 18 tally r•ened to Bnglewood, CCD8i8tent, however, with the full exercise of n.,bta panted by tbJ.a pemit. aectiaD '· A oapy of tbu C>rcU.mnce, •19ned by the Mayor and City Clerk-'l'r•nrer of the City of Englewood, Colomclo, .._11 be aafficiat nidence of the pemit herein gmnted. 'l'he acceptance of this permit by neolftian by tbe Baard, a oopy of wbicb abal.l be duly certifjad to by the Clerk of the City of Englewood, Colmado, 8ball be oanclmlw evidence of the acceptance by the Board of all the tema and conditiona of tbia Odl•"O", and the Board a.,rw to perfcma 8Uoh tem. and oonditicn8. aectiaD 5. It ia aprwly andentood and agzaad that the gzanting and acceptance of this permit is and ._11 be witbaat prejaclloa to any rigbta or obligation of the City and County of Denver, Colorado, or its 8oazd of Water C taal.onen, or the City of £D9lwood, COlorado, or any inhabitanta thereof. !!!tie '· In tbe apt.ntan of the City Council of the City of Englewood, Colorado, this ordinance is necessary for tbe ~tian of Plblic property, health, peace or Mfety in that the City and County of Denver, COloado, acting by and tbraugh ita daly conatituted and appointed Board of Water Coaaissioners is urgently in need of the ritbt-of-..ay benin panted for the coD8truction of the w.ter conduit herein set forth, and ~ Odlmace aball mu effect apclll i-••99· IDt.zaclaced, read in fall and JUHd an fint r•ding on the 3rd day of December, 1973. Pabli•bed u a Bill for an ordlmnce on the 6th day of December, 1973. ~ by title and .... ect an fiml r•ding an the 17th day of December, 1973. Publi8bed by title u Ordinance Mo. 49, Serie• of 1973, on the 20th day of December, 1973. ~~- Mayor • officio City Cl.en -Tnuarer I, Karl llollenberger, cSo hereby certify that the above and foregoing is a true, accurate and ...,.1-. copy of the OrcH.mace, paaaed an fiml Z9&ding and publi•hed by title as Ordinance llo. ,,, ~iM of 1973. ~;J~ ex officio City Clerk~~ 'l'rea•urer