Loading...
HomeMy WebLinkAbout1960 Ordinance No. 028Introduced as a Bill by Councilman Woods BY AUTHORITY ORDINANCE NO. 28, SBRI&S OF 1960 AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A ATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL COR- ORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. Upon the conditions hereinafter aet forth there is hereby granted to the City and County of Denver, a municipal corporation of the State of Colorado, sometimes hereinafter referred to as "Denver," for the use of its Board of Water Commissioners, sometimes hereinafter · referred to as the "Board," a permit to construct and maintain a 72-inch concrete and steel water conduit under and across certain hereinafter described roads, streets and property in the City of Englewodd, Colorado, sometimes hereinafter referred to as "Englewood," to-wit: That part of the North half of the Northeast Quarter (Ni NEt) of Section 9, and the North Half of the North Half (Ni Ni) of Section 10, Township 5 South, Range 68 West of the 6th Principal Meridian in Arapahoe County, State of Colorado, more particularly described as follows : A strip 30 feet across South Santa Fe Lane adjacent to and North of the South line of the North Half of the North Half of the Northeast Quarter (Ni Ni NE!) of said Section 9; the 40-foot dedicated width of West Stanford Drive lying South of and adjacent to the South right-of-way boundary of the City Ditch and North of the Northerly property lines of Lots 10, 11 and 17, Colman Subdivision, and Lots 12 to 16, inclusive, Colman Subdivision, Amended Plat, according to the plats thereof on file in the office of the County Clerk and Recorder of said Arapahoe County; and the 60-foot dedicated width of West and East Radcliff Avenue, beginning at the West property line of South Huron Street; thence East along West and East Radcliff Avenue to the East line of said Section 10, which is situated in South Clarkson Street Section 2. The foregoing permit is grantea upon the following express terms and conditions, to-wit: All rights hereunder shall be exercised in such manner as to cause the least possible injury to streets or avenues involved, and the least possible inconvenience to those entitled to use such streets or avenues. In exercising rights under this permit, the Board shall cause the least possible delay in obstruction to travel in, through and along said streets and avenues and to that end wherever possible shall always leave open at least one-half of roads, streets or avenues adjacent to a crossing of the excavations and construction work of the Board and shall take all possible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned. In no event, during the process of construc- tion and laying of said conduit or in the ma;intenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a continuous period of more than four (4) days. During the construc- tion and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way or the City of Englewood any pipe, materials or equipment used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. Section 3. The Board, after completion of any and all work hereunder, shall fill all trenches and excavations to grade and resurface the tame, and shall keep all work free from settlement arising out of any such work performed, and shall restore said streets and avenues, or any parts thereof, upon the completion of any work performed by it or for its account as to leave same in as good condition as when entered upon. There shall be properly designed concrete encasements required at each pipe line crossing or sanitary sewer lines and water lines so as to eliminate foreign pressures and stresses upon the Englewood sewer and water installations. Any consequential damage to side streets, the surface or installations thereon, approaching the various intersections with the right-of-way hereinabove granted bacause of pipe and material storage any heavy equip- ment movement or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. Any gravel surfacing disturbed or destroyed by construction or maintenance of the conduit shall be replaced by the Board in full amount as soon as final backfill and compaction is accomplished. Any and all of the provisions of the installa- tion and maintenance of the conduit, for which the permit is herein granted, I I I and for the replacement of any and all street surfaces or the repair of any and all damages resulting therefrom, shall be aubject to the approval of the City Manager of the City of Englewood, whose decision thereon shall be final. Section 4. The construction of the hereinabove mentioned water conduit shall be at all times under the superviaion and direction of a com- petent and qualified inspector selected to repreaent Englewood during the construction and replacement operation, and tbe cost for such services shall be paid by the Board, either directly or as a reiabursement to Englewood. The estimated salary of said inspector shall be between $500.00 and $600.00 per month. Section 5. Denver and the Board, its successors and assigns, shall at all times save and keep harmless the said City of Englewood and its City Council and other officers and employees from any and all damages that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its suc- cessors and assigns, shall not be ao held liable unless given full oppor- tunity to defend any such claims. Section 6. Nothing herein shall be construed as granting to Denver or the Board any rights other than the permit herein expressly defined and set forth, nor shall anything in this ordinance be construed as granting an exclusive privilege to Denver or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood consistent, however, with the full exercise of the rights granted by this permit. Section 7. A copy of this Ordinance, sisned by the Mayor and City Clerk of the City of Englewood, Colorado, shall be sufficient evidence of the permit herein granted. The acceptance of this permit by resolution by the Board, a copy of which shall be duly certified to the Clerk of the City of Englewood, Colorado, and the commencement of tbe work hereunder shall be conclusive evidence of the acceptance by the Board of all the terms and con- ditions of this ordinance, and the Board asrees to perform such terms and conditions. Section 8. It is expressly understood and agreed that the grant- ing and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, Colorado, or its Board of Water Commissioners or the City of Bnslewood, Colorado or any in- habitants thereof. Section 9. In the opinion of the City Council of the City of Englewood, Colorado, this ordinance is neceaaary for the preservation of public property, health, peace or safety in tbat the City and County of Denver, Colorado, acting by and through its duly constituted and appointed Board of Water Commissioners, is urgently in need of the right-of-way herein granted for the construction of tbe water conduit herein set forth, and this ordinance shall take .effect upon pasaase. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 19th day of September, A.D. 1960, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by tbe City Council of the City of Englewood, Colorado, this 3rd day of October, A.D. 1960, and ordered published in full in the Englewood Herald and Enterprise. ATTEST: ~ -----c-i::~ :~e~-=-::~z.Y Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and fore- going ordinance was introduced, read, pasaed and ordered published as a bill in the Englewood Herald and Enterprise at a resular meeting of the City Council held on the 19th day of September, A.D. 1960, and that at least 7 days after above publication as a bill the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a regular meeting held on the 3rd day of October, A.D. 1960, as Ordinance No. 28, Series of 1960, of said City. ATTEST: -~ 311