HomeMy WebLinkAbout1968 Ordinance No. 036190
Introduced a• a Bill by Councilman Dhority.
BY AOTllORI'l'Y
ORDDIABCB llO. 36, SBRIBS OP 1968
Alf ORDillAllCB CDAftim '1'0 '1'1111 crrr MID C01J11•1•r OF DBllVER,
STATE OP COIDRADO I A llUllICIPAL CORPORATIOB I ACTDG BY I 'l'BROUGH
AllD POR TBB USB OP ITS BOARD OP WA'l'BR CClllISSIOllBRS, A PERMIT TO
CORSTRUCT AllD llAill'l'AIB A WATER COBDUIT 'l'llROUGB '1'llB CITY OF
BllGLBllOOD, COIDRADO, A MUllICIPAL CORIORATIOB, AllD DBCLARIRG AR
BMBRGBllCY.
BB IT ORDADBD BY '1'BB CITY COUBCIL OP 'l'BB CITY OF
BllGLBllOOD I COLORADO:
Section 1. Upon the condition• hereinafter set forth
there i• hereby qranted to the City and County of Denver, a
municipal corporation of the State of colorado, aometimes here-
inafter referred to a• •oenver• for the uae of it• Board of
Water Comaiaaioners, sometimes hereinafter referred to as the
•aoard,• a permit to conatruct, operate and maintain a 36 inch
concrete and ateel water conduit under and aero•• certain here-
inafter described roada, atreet• and property in the City of
Bnqlewood, Colorado, sometimes hereinafter referred to as
•Bnqlewood,• to-wit:
Weat Bvan• Avenue: A atrip of land 2 5 ft. in width and
1,976.3 ft., more or l•••, in lenqth aituated in the
aw 1/4 of Sec. 28, 'l'OWD•hip 4 South, Ranqe 65 West, of
the 6th P.M., County of Arapahoe, State of Colorado,
more particularly deacribed a• follow•: That part of
Weat Bvana Avenue lying within the City limits of
Bnglewood from the center line of Weat Bvan• Avenue
aoutherly for 25 ft. and from the center line of South
Zuni Street eaaterly to the center line of South
Raritan Street.
Section 2. '!be foregoin9 riqht, pemit and license is
granted only upon the following expr••• t•zm• and conditions,
to-vita
A. All right• hereunder •hall be exercised in such manner
as to cauae the leaat poaaible inconvenience to those
entitled to make uae of the atreeta or avenues involved,
and the leaat poaaible obatruction to travel in and
along aiad atreeta or avenue•. To this end, the Board
ahall, wherever poaaible, alway• leave open at least one-
half of road•, atreet• or avenue• adjacent to a crossing
of the excavation• and conatruction work of the Board and
•hall take all po••ible precaution• to prevent accidents
and injurie• in connection with any of its work along the
avenue• and •treat• hereinabove mentioned. In no event,
during the proce•• of conatruction and laying of said
conduit, or the maintenance thereof, •hall any public
or.private •treet, alley or right-of-way be obstructed
to travel for a continuou• period of more than four
(4) daya. During the conatruction and maintenance of said
conduit, there •hall at no time be atored or left on the
surface of the atreeta, alley• or other riqhts-of-way
of the City of Bnglewood any pipe, materials or equip-
ment u•ed in con•truction and .. intenance of said conduit
for a period of more than two (2) week• at any one location
before puttin9 to u•e.
B. Should it beccae neceaaary for the Board, during the
excavation for, or the inatallation or maintenance of,
the aaid conduit, to diaconnect any hou•e •ervice lines
from any lin•• preaently in place in •aid •treets or
avenue•, the Board •hall cau•• the a81De to be done in such
a manner a• to cauae the leaat poaaible delay and incon-
venience to the water uaer• thereof, and the interruptions
in water •ervice to any property •hall, in no case, exceed
a period of •ix (6) hour•. All disconnection and recon-
nection of any auch 1Jater ••rvice line• •hall be done in
a good and worlcaanlike manner and all expen•es incurred
therein •hall be the aole re•ponaibility of the Board.
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c. All excavation and conatruction, inatallation and
maintenance work which the Board •hall undertake pursuant
to thi• permit •hall be aubject to the inapection by a
caapetent and qualified Inapector who •hall represent the
City and the Board agree• to ccaply with all reasonable
requeat• thereof in th• perfomance of •aid work. All
auch work •hall be perfoElled ao aa not to interfere with,
or damage any utility line• owned by the City or private
utilitiea exiating within auch atr .. t. After each excavation,
the atreet •hall be refilledr the upper 8 inch•• of
which fill •hall con•i•t of 9ood quality ccapact gravel
baae, covered, under which •hall be laid a good quality
t .. porary cold mix patch not l••• than 3 inch•• thick.
All of the aforeaaid work •hall be fr.. from aettlement
ariainq out of any auch excavation and performed within
the limit• of the trench excavation. 'fhere •hall be
properly diaguiaed concrete encaa ... nt• required at each
pipeline croaaing on aanitary aewer line• and water
line• ao a• to eliainate foreign preaaure and stresses
upon the Bnglewood Sewer and Water inatallations. The
foregoing ahall be aubject to the approval of a repre-
aentati ve of the Director of Public Work• of the City
of Bnglewood, Colorado.
D. Denver and the Board, it• aucceaaora and assigns,
•hall at all time• •ave and k .. p harmle•• the said City
of Bnglewood and it• City Council and other officers and
.. ployeea f ram any and all d1111a9•• that may in any manner
ariae from the granting of thi• pemit and the exercise
of any right• granted hereunderr provided, however, that
the Board, it• aucceaaora and aaaigna, •hall not be so
held liable unl••• given full opportunity to defend any
•uch claim•.
Section 3. Bothing herein •hall be conatrued as granting
to Denver or file Board any right• other than the permit herein
expreaaly defined and aet forth, nor •hall anything in this
ordinance be conatrued aa granting an excluaive privilege to
Denver of the Board, it being underatood that the right of
Bnglewood to grant the uae of it• roada, atr••t•, avenues, alleys
and other public righta-of-way to other• for public ,and private
purpo••• i• fully reaerved to Bnglwood conaiatent, however, with
the full exerciae of the right• granted by thi• permit.
Section 4. A copy of thi• Ordinance, aigned by the Mayor
and City Clerk-Treaaurer of the City of Bnglewood, Colorado, shall
be aufficient evidence of the pemit herein granted. The acceptance
of this permit by reaolution by th• Board, a copy of which shall
be duly certified to by the Clerk of the City of Bnglewood, Colorado
ahall be concluaive evidence of the acceptance by the Board of all
the terma and condition• of thi• Ordinance, and the Board agrees
to perform auch terma and condition•.
Section 5. It ia expreaaly underatood and agreed that the
granting an4 acceptance of thi• pemit i• and •hall be without pre-
judice to any right• or obligation• of the City and county of Denver,
Colorado, or it• Board of Water Ccmiaaionera, or the City of Englewood,
Colorado, or any inhabitant• thereof.
Section 6. In the opinion of the City council of the City
of Bngl..ood, Colorado, thi• ordinance i• nec•••ary for the pres-
ervation of public property, health, peace or aafety in that the
City and county of Denver, Colorado, acting by and through its
duly constituted and appointed Board of Water CCllllDiaaioners, is
urgently in need of the right-of-way herein granted for the con-
atruction of the water conduit herein ••t forth, and this Ordinance
shall take effect upon passage.
Introduced, read in full, paaaed on fir•t reading, unani-
mously approved by a quorum preaent on the 7th day of October, 1968.
Read by title and paaaed on final reading on the 21st day
of October, 1968.
Publiahed a• Ordinance Ro. 36, Seri•• of 1968 on the ~
day of october, 1968.
A'l"l'BST:
I, Stephen A. Lyon, do hereby certify that the above and
foregoing ia a true, accurate and C011Pl•t• copy of an Ordinance
paaaed on final reading on the 2lat day of October, 1968, and published
a• Ordinance Ro. 36, Serie• of 1968 on the d </ day of October,
1968.
A'l"l'BST1
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