HomeMy WebLinkAbout1965 Ordinance No. 024.I
I
I
Introduced •• a Bill by Councilaan Kreiling
BY AtnBORI'l'Y
ORDDIAllCB RO. 24, SBRIBS OP 1965
All ORDDNICB GRAll'l'Im '1'0 nm CITY Am couwrr or DBllVBR, STATB OP COLORADO, A
----1clPAL CORPORA!'I08, AC'fI9G BY, '1"liROOOll MD POR '1'BB USB OP ITS BOARD OF WATBR C<»OII-
881CllBR8, A PBNII!' '1'0 cmftRUC'l' AllD llAiftAD A 11A'l'BR COllDUIT 'l'BROUGB '1'HB CI'l'Y OF
BIULB'llOOD, COLORADO, A llUllICIPAL CORPORATIOB, AllD DBCLARIRG AR BMBRGBRCY.
BB U ORDADIBD BY '1'BB CITY COUllCIL OP '1'BB CITY OP BRGLDIOOD, COLORADO.
feti9 1. Upon the condition• hereinafter aet forth there ia hereby granted to
the c~ .n county of Denver, a •unicipal corporation of the State of Colorado, some-
tillea hereinafter referred to aa •Denver,• for the uae of it• Board of Water COlllDissioners ._.time• hereinafter referred to aa the •aoard• a pemit to construct, operate and main-
tain a 54-inch concrete and ateel water conduit under and across certain hereinafter
deacribed roada, atreeta and property in the City of Bnglewood, Colorado, sometimes
hereinafter referred to a• •Bnglewood,• to-wits
South Acoma Streets 'th• 60 ft. width of South Acoma Street, as dedicated on
tbe plat• on file in the Office of the Clerk and Recorder of Arapahoe County,
beginning 25 fHt north of the north property line of West Quincy Avenue:
thence aouth on South Ace.a Street to the aouth property line of West
Radcliff Avenue.
!:dttion 2. '!'he foregoing right, perai t and licenae is granted only upon the follow-
iDCJ con tlona, to-wits
A. All right• hereunder ahall be exerciaed in auch manner as to cause the
leaat poaaible inconvenience to thoae entitled to make use of the streets or
avenue• involved, and the leaat poaaible obatruction to travel in and along said
atr .. ta or avenuea. To thia end, the Board ahall, wherever possible, always
leave open at leaat one-half of roada, atreeta or avenues, adjacent to a cross-
ing _.,tJill"Mcavationa and c::onatruction work of the Board and shall take all
poaaible precaution• to prevent accident• and injuriea in connection with any
of it• work along the avenue• and atreeta hereinabove mentioned. In no event,
during the proceaa of conatruction and laying of aaid conduit or in the mainte-
nance thereof, •hall ~any public or private atreet, alley or right-of-way be ob-
atructed to travel for a continuoua period of more than four (4) daya. During
the conatruction and .. intenance of aaid conduit, there ahall at no time be
atored or left on the aurface of the atreeta, alley• or other rights-of-way of
the City of Bnglewood any pipe, .. teriala or equipaent uaed in construction and
maintenance of •aid conduit for a period of JDOre than two (2) weeks at any one
location before putting to uae.
8. Should it beccae neceaaary for the Board, during the excavation for, or
the inatallation of, the aaid conduit, to diaconnect any houae aervice lines from
any line• preaently in place in aaid atreeta or avenuea, the Board shall cause the
•-to be done in auch a .. nner aa to cauae the leaat poaaible delay and inconven-
ience to the water u .. ra thereof, and the interruption• in water service to any
property ahall, in no caae, exceed a period of aix (6) houra. All disconnection
and reconnection of any auch water aervice lines •hall be done in a-good and work-
11anlike .. nner and all expenaea incurred therein shall be the sole responsibility
of the Board.
c. In the courae of it• excavation and installation work to install said
conduit, the Board ahall remove all existing paving over the full street width of
Accaa, from curb to curb, between the north durb line of Radcliff and the south
curb line of Quincy, ahall excavate the entire street aurface thereof to a depty
of eight inch•• (&•) and shall replace the surface thereof to a depty of six
inch•• (6•) with a qood quality compacted gravel base courae. Any excavations made
within the intersection of Accaa and Radcliff ahall be refilled, the upper six inches
(6•) of which fill shall consist of CJOOd quality ca11pacted gravel base cover, over
which ahall be laid a qood quality tmaporary cold mix patch not leaa than two
(2•) inchea thick. '1'he •-refilling -thod and material• •hall be used on any·
excavation• in the interaection of AcOlla and Quincy, except that the compacted
gravel ba .. ebur.. for any excavation• in this intersection shall be not less than
eight inch•• (&•) in depth and the taaporary cold mix patch shall be at least
three inch•• (3•) thick. All the aforeaaid work •hall be free from settlement
ariain9 out of any auch work performed within the limit• of the trench excavation.
tftlere ahall be properly designed concrete encaa ... nt• required at each pipe line
. croaain9 or aanitary a.wer line• and water line• ao a• to eliminate foreign pres-
•ur•• and •tr•• .. • upon the Bnglewood •ewer and water inatallations.
D. the Board •hall pay to the City of Bnglewood, prior to completion of the
installation of said conduit, the a\111 of four thouaand two hundred dollar•
($4,200.00), which au., or such part thereof as -Y be necessary therefor, shall
be uaed by aaid City, at auch time a• .. y be detemined by said City, for the
replac-nt of the t1•p~rary cold mix patch•• in the interaections of Acoma and
Quincy and Acala and Radcliff and for paving of Accma Street, except a four foot
(4') strip along the west curb of aaid strHt, between the aforesaid two interaec-
tiona.
•
B. It ia recognised by the Board that the City preaently has under the
aurface of south Acoma Street, between the aforeaaid two intersections, a four
inch (4•) water line. !'he Board agree• to relocate at ita expense any part of this
four inch (4•) water llain in Acaaa Street, between Radcliff Avenue and Quincy Avenue,
that interfera with conatruction of aaid 54-inch conduit and appurtenances. All
relocation of aaid four inch (4•) main ahall be made to auch locations and in
auch •anner a• ia approved by the City Bn9ineer of the City, using six inch (6")
caat iron water pipe.
P. 'fh• conatruction of the hereinabove mentioned water conduit shall be at
all tiaea aubject to the inapection of a ccapetent and qualified inspector
.. lected to repre .. nt Bnglewood during the conatruction and replacement opera-
tion. 'l'h• Board agr .. a to ca.ply with all reaaonable requeats of said Inspector.
G. Denver and the Board, its successor• and assigns, shall at all times save
and keep banal••• the aaid City of Bn9lewood and ita City Council and other
officer• and 911ployeea from any and all damage• that may in any manner arise
frma the granting of thia perait and the exerciae of any riqht• granted hereunder1
pmvided, however, that the Board, it• aucc:eaaora and assigns, shall not be so
held liable unl••• CJiven full opportunity to defend any-.auch claims. '!"" 3. Jlotldng herein ahall be con•trued •• granting to Denver of theBoard any
r ta Other than the perait herein expressly defined and set forth, nor shall any-
tb DCJ in thia ordinance be conatrued as granting an exclusive privilege to Denver of
the Board, it being understood that the right of Bn9lewood to grant the use of its
roads, atr .. ta, avenues, alleys and other public ri9hta-of-way to others for public and
private purpo .. a i• fully reserved to Bn9lewood consistent, however, with the full
mrci•• of the rights granted by this permit.
Section 4. A copy of this ordinance, signed by the Mayor and City Clerk-Treasurer
of th• city of BnglMJOOd, Colorado, ahall be aufficient evidence of the permit herein
granted. 'fb• acceptance of this perait by resolution by the Board, a copy of which
shall be duly certified to by the Clerk of the City of Bn9lewood, Colorado, and the
cc anc ... nt of the work hereunderahall be conclusive evidence of the ac:c:eptanc:e by
th• Board of all th• tenaa and condition• of this ordinan~e, and the Board ·agrees to
perfona auch tenaa and conditiona.
Section 5. It i• expressly understood and a9reed that the granting and acceptance
of thia perait ia and ahall be without prejudice to any rights or obligations of the City
mad COUnty of Denver, Colorado, or it• Board of Water COllllliaaionera, or the City of
Snglewood, Colorado, or any inhabitant• thereof.
'-o:lf: 6. In the opinion of th• City Council of the City of Bn9lewood, Colorado,
this nance is necessary for th• pre .. rvation of public: property, health, peace
or safety in that the City and County of Denver, Colorado, acting by and thr~ugh its
duly constituted and appointed Board of Water CClllDiaaionera, is urgently in need of
th• ri9ht-of-way herein granted for the construction of the water conduit herein set
forth, and thia ordinance shall take effect upon paaaa9e.
Pa88ed on Pirat Reading by th• City Council of the Ci~y of Bnglewood, Colorado,
this 18th day of October, 1965, and ordered published in full in the Bnglewood Herald
and Snterpri ...
Paaaed on Pinal bacling by th• City council of the City of Bnglewood, Colorado,
this lat day of •ov.-ber, 1965, and ordered published in full in the Bnglewood Herald
and Snterpri ...
Mayor
AllDi't
I, Ray Ch-, City Clerk-Treaaurer of the City of Bnglewood, county of Arapahoe,
State of COlorado, do hereby certify that the above and for9CJ0in9 i• a true and correct
copy· of a Bill for an Ordinance, introduced, read and passed by the City council of
tbe Cityof Bft9lewood at a regular .. etin9 on the 18th day of October, 1965, and ordered
pabliahed in the Bn9lewood Herald and Bnterpriae, and that at least 7 days after above
pablication aa a Bill the above Ordinance was approved, adopted and ordered published
in said legal D9W8paper by the City Council at a regular meeting held on the lat day of
llOY feer, 1965, a• Ordinance llo. 24, Serie• of 1965, of said City.
AllU~t
Ci tY Cl.erltl?reaaurer
•