HomeMy WebLinkAbout1970 Ordinance No. 031Introduced aa a Bill by Councilaan Lay.
BY AU'l'llORITY
ORDIDllCB BO. 31, SBRIBS OP 1970
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BB IT ORDAillBD BY TBB CITY COUBCIL OP 'l'llB CITY OP DGLBllOOD, COLORADO, as
followaa
'!hat Chapter 8 of the BllCJlewood Municipal COde is hereby amended by adding
n.w aectiona thereto aa followaa
8.1-2 Board -Authority to Iaaue License•
lfh• City Water and Sewer Board i• hereby authorized to issue licenses and
pend.ta for th• croaaing of the "City Ditch" for purpose of transporting by pipe or
conduit, atom water, aanitary aewer waters, d01Destic water supply, gas pip line,.
telephone conduit, electrical conduit, overhead wire, bridges or enclosures of said
City Ditch in pipe, provided, however, that no building shall be authorized to be
conatruated within the ri9ht-of-way of the City Ditch. · ·
8.1-3 Li9!9H8 Iaaued -When
'fhe City Water and Sewer Board may issue such licenses to any person, firm or
corporation, private or public, upon auch terma and condition• as shall not be incon-
aiatent with the intended uae of aaid City Ditch and such license agreement shall pro-
vide for the followiDCJa
(a) All conatruction •hall COIDply with and conform to the standards formu-
lated by the Director of Utilities.
(b) 'fh• City ahall have the ri9ht at all times to maintain, install,
repair, r..ove or relocate the City Ditch or any other of its facilities or installations
within the City'• ri9ht-of-way. 'fhe City reserve• the exclusive right to control all
..... enta and inatallationa.
(c) !'hat in the event that any uae by the licensee should interfere with any
future uae of the riCJ)lt-of-way by the City, the licensee shall, upon request and at
bi• aole expenae, relocate, rearran9e or remove it• inatallation so as not to inter-
fere with auch uae.
(d) Any repair or replac ... nt of any City installation made necessary in the
opinion of the City'• Director of Utilities for any reason shall be made at the sole
erxpenae of the licenaee.
(e) '!hat all ri9ht• and privilege• granted in any license issued by the Water
and s ... r Board ahall be aubject to prior a9re .. enta, licenses, and/or grants, recorded
and unrecorded, and it ahall be the licensee'• sole reaponaibility to determine the
exiatence of aaid document• or conflicting uaes or installations.
(f) '!hat the licenaee ahall contact and fully cooperate with the City Ditch
for .. •n and the cro••iDCJ •hall be made without interference with any lawful, usual
or ordinary flow of water through the City Ditch.
(CJ) 'fh• licenaee will not place, nor allow to be placed, any manholes, meters,
or aillilar appurtenance• within the City'• ri9hta-of-way for the City Ditch.
(h) '!hat the licensee ahall aaaume all riaka, incident to the possible presence
of 8ach watera, atom water• or aurface water• in the City Ditch.
(i) !'hat all licenaeea by acceptance of their licenae expressly assume full
and atrict liability for any and all d ... 9e of any nature to persona or property caused
by water frcm the Ditch leaking through or breakillCJ through the Ditch bank or banks
at the point or point• where the licenaee perforlU any work in connection with the
croaaing provided by the licenae.
(j) 'that the licenaee ahall indemnify and save harmless the City of Englewood,
it• officer• and 911ploy.e• a9ainat any and all claims, damages, actions, or causes
of actiona and expenaea to which it or they may be •ubject by reason of said
inatallation beiDCJ within and aero•• the pr.Uaea of the City or by reason of any work
done or caiaaion made by the licenaee, it• acJenta, or .. ployeea in connection with
the conatruation, replac .. ent, -intenance or repair of aaid inatallation.
(k) '!hat the licenaee expreaaly agree• that in the case of licensee's breach
of any of the within proviaiona, the City may at it• option have specific performance
therefor, or aue for damage• reaultin9 fran aaid breach.
8 1-4 Rule• and R!q!llationa '!'hat the City Water and Sewer Board may make
aach ~al rulea and regulation• aa may be reaaonably intended to accomplish the
above and foregoing contained in Section 8.1-3, but not inconsistent with the pro-
viaiona thereof.
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Introduced, read in full and pa••ed on fir•t reading on the fourth day of
Aaguat, 1970.
Publiahed a• a Bill for an Ordinance on the •ixth day of August, 1970.
Read by title and pa••ed on final reading on the 17th day of August, 1970.
Publiahed by title a• Ordinance Bo. 31, Serie• of 1970, on the 20th day of
Auguat, 1970.
MAYOR
AiiBS'l'a
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I, Stephen A. Lyon, do hereby certify that the above and foregoing i• a true,
accurate and complete oopy of an Ordinance pa••ed on final reading and publi•hed by
title a• Ordinance llo. 31, Serie• of 1970.
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