HomeMy WebLinkAbout1985 Ordinance No. 018ORD!NAN::E NO ._/J_ __
SER I ES OF 1985
BY /\UTHORITY
COUOCIL BILL NO . 15
I NTRODUCED BY CXXJOC IL
M™8ER BR/\DSHAW
/IN ORO INIIOCB GAANJ'ING TO CITY AND COU NT Y OF DENVER , 1\CT I NG BY AND
TH ROUGH ITS BOARD OF li/\T ER CCH1!SS!ONERS , A MUNIC I PA L CORPORIIT ION
OF TH ,: STA'rE OF COLOR/\llO , A PERMIT TO CONSrRUC'r /\ND M/\I NTAIN A
W/\TER CONDUIT TH ROUGH THE C!'rY OF ENGLEWOOD , COLORIIDO, A MUN IC IPA L
CORPOIWrION .
WHER E/IS , the City a nd County of Denve r , a municipal
corporationion of the State of Co l o r ado , acting by , through and for
t he us e o f i.ts Boat d of \-Jat e r Ccmnissioners , desires a permit t o
construct and maint ai n a wate r condu i t through the City of
Englewood ;
:-KM , TH EREFORE , BE IT ORDAINED BY THE CITY COUNCI L OF TH E
C !TY OF ENG LEWOOD , COLORIIDO , /IS E'O LLO\>IS :
Sec t ion l. Ci ty Counc il of the Ci y of EncJle wood hereby ai,proves
Permi t i,:jreeme nt between the City of !l1<Jlewo0<.l , Color ado, and the
Ci ty and Co unly of Denver , a municipal corpor ation of the State of
Color ado , grant ing t he Ci ty and County of Denver a permit to
construct , operate , and maintai n a wat er condu i t across certa in
road s , streets , and property in the City of Engl e wo od . said Pe rm i t
Agreemen t , consist ing of four (4 ) typewri tten pages , is attached
here to and incorpora ted her e in by r efer e nce .
Section 2 . The Ci ty Co unc il of the City of Eng l ewood auth orizes
the Ka yor and ex officio City Cl erk -Treasurer to s ign and attest
said agreeme nt on behalf of t h City Council a r<l the Ci ty o f
Englewood .
l n troduce<l , r ead in full and passed on first r eadio;i on the
4t:i d y of Mar ch , 1985 .
Published as a Bill for an ,1rd ,nance on the 6th day o f
Ma rch , 1985 .
Read by title and passed on final r eading on the 18th day of
Mar ch , 1985 .
Published by titl e a s Ordinanc, N·J ,--11_, Serie s of 1985 , on
t he 20th day of Mat r ch , 198 5 .
Attest:
cf:,~,,h~, 1 Eu ne L. otis , Mayor
~ClO , t',-,,r,:,<';'~"f.L~=-::-
I , Gar y R. Hig bee , ex officio City Clerk-Treasure r of the City
of Engle\oOod , Colorado , he r e by certify that the above a nd foregoing
is a true , accurate and canple t e copy of the Or di na nce ~ssed on
fi nal r e adi ng and published by title as Ordinance No,...,L1'L_, Series
of 1985 .
(c9 ~ ,/_ ~ _,I --,
Gar;,:"~~v----c---'
PERM l'r AGREl'l'1EN'r
1'HIS IIGREl'l'1ENT , entered in to as of the day of ___ _
198 5 , between 1:he CITY OF ENJLI-MOOO , COLORllOO--;--aiiiunicipal
corporat ion (he reinafter 11 City11 or "Englewocxl "), and the CITY ANO
COUNTY OF DENVE R, a mun icipa l corporation of the State of Colorado
(here inafte r "District") , fo r the use of its Board of Water
Ccmni ss ioners (here inafter the 11 Bc :rd 11 ),
WI'rNESSl,l'H
l'iflEREIIS , the City and County of Denver , act ing by and through
its Boa rd of Water Ccmnissioners , des ires to construct , operate ,
and maintain a thirty-inch (30 11
) wate r main, known as Condu i t
Numbet 135 , under and across certain r oads , street~, and property
in the City of Englewood , Co lorado, desc ribed as follows , to wit:
Beginning at a po int 29 , 80 feet \'lest and 27 .17 feet North of
the Southwest corner ot sect ion 8 , Township 5 South, Rang e 68
West of the 6th Prime Maridian , Arapahoe County , Colorado ;
thence North 900 00 ' 00 " East , 27 .17 feet North of and
parallel with, the So uth line of the Southwest quarter of
said section 8 , a distance of l34 .80 feet to a point ; thence
So uth 450 00 ' 00" East a dis tance of 24. 28 f2"t to a point ;
thence North 900 00 ' 00 " East , 10 .00 feet North of and
para lle l with, the South line of the Southwest qua rter of
said sect ion 8 , a distance of 1577 .83 feet to a poi nt ; thence
South 450 00 ' 00 11 East , a distance of 14 .14 f eet , more or
l ess , to the point of terminus on the Sou t h line of the
Southwest qua rter of s aid Section 8 .
!\ND WHERE/IS , the City agrees to gra nt said right , [)etmit and
lic e ns e und er certain terms Lind conditions ;
NO.~, 'l'tiERE fORE , the parties her~to covenant and agree as
fo llows :
A. All rights hereund e r shall be e xe rc ised in such manner
as to cause the l e c!st po ss ible inconvenience t o those entitled to
make use o f the stre:~ts or avenues involved , and the least possib l e
ob struction to trav el in ant.l along said streets or av e nues . To
this end , the Boa rd shall , wh e rever possible , alwa ys l eave open at
l east one-hal f of roads , streets or avenues adjacent t o or c rossing
the excavations and cons tr uction work of the Board and sha ll take
all po ssible pr ecautions to prevent ace idents and injuries in
connection with any of its work alont.J the avenues aOO streets
he re inabov e mentioned. In no event , during the process of
construction and l aying of sa id coOOuit , or the maintenance
thereof , shall an) public or private street, alle y or right-of-way
be obstructed to travel for a continuous period o f mor e than fo ur
(4) days . DJring the construction and maintenance of said conduit ,
there shall at no time be stored or left on the surface of the
s treets , alleys or other rights-of-way of t he City of Ehgl"""od a ny
pipe , materials or equipne nt used in construction arx1 maintenance
of said condu i t for a period of more than two (2) """'ks at any one
l oca tion befor e put ting to use .
B. Should i t become necessa ry foe the Board , during the
excava tion for or t he insta llation or maintenance of the sa id
condu i t , to disconnect a ny house service lines fran any lines
pr esently in place in s aid streets or avenues , the Bo ard s hall
c ause the same to be done in such a man ner as to c ause the least
possible de l ay and inconvenience t o the water us e rs the reof , aOO
the inte rruptions in wate r serv ice to any property shall , in no
case , exceed a periOO of six (6) hour s . All disconnec tion and
reconnec tion of any such wate r service lines shall be done in a
good and v.0 rkma nlike ·nan ner and al l expenses inc urred there in shal l
be the sole r esponsibility o f t he Board.
C. All excavation and cons t ruction , insta llation and
main tenance work which the Board shall unde rtake pursuant to thi~
permi t s ha ll be s ubj ect to the inspection hy a competent and
qual i f i ed inspec to r wh o shall r epresent the City , and the Board
agrees to c omply wi th all reasonable requests thereo f in the
performance of s a id work . All s uch work shall be performed so as
no t to in te e fer e with or danag e a ny utility lines own ed by the City
or private utilities e xisting within such street . A.fte r each
e xcavat ion , the street s hall be refi lled ; the upper nine (9 ) inches
of fill shal l consist of asphaltic concrete sur faci ng , sur fa c ing to
apply where ex isting sur facing i s disturbed . All o( the aforesaid
work sti a l l be free fran sett l enent ari sing out of cny excavation
and perfo rm ed within the limits of t he t r e nch excavat ion . 1here
shal 1 be pr operly des iq ned concret e encas011ent s :.'.• .. 1i red at each
pipel i ne cros s ing of. sanitary sewer lines and YoG te r lines so as to
e li;n ina te fore i g n pressur~ ard stresses upon the !:nglewood sewer
a nd water insta lla tions . 1he fo regoing shall be subject to the
appcoval of a representa tive o f the Director of Publi c warks of the
City of Engle wood , Colorado . Any consequenti al damage to s ide
s treets , t he sur face or installations thereon , approaching th e
I
various intersections with the right-of-way hereinabove granted
because of pipe and mater ial storage a nd heavy equipnent movenent
or froo other causes , shall be repaired or replaced in their
original condition at the sole expense of the Board.
D. '11le City and County of Denver and its Board of Wate r
Ccmnis sioners , successors and assigns , shall at all times save and
keep harmless the City of Ehglewood and i ts City Council and other
officers and enpioyees froo a ny and all damages that may in a ny
manner arise frooi the granting of this permit and the exercise of
a ny rights granted here und er ; prov ided , howev e r , that the Board,
i ts successors and assigns , shall not be so he ld liable unless
give n full opportunity to defend any such claims .
E. Nothing herein shal 1 be constr ued as gcanting to the
Board any rig hts other than the, permit here in expr essly defined and
set fo rth , nor shall anything in this agreenent be construed as
grant ing a n exclusive privilege to the Board , it being understood
that che right of Englewood to g rant t he use of its roads , streets ,
avenues , a lleys and other public rights-of-•,1ay to others for public
and private purposes is fully reserved to Englewood , consistent ,
however , wi th the full exercise of the rights granted by this
permit .
F. If the facilities installed hereunder are ever aba OOor,ed ,
the Board agrees to neut ralize or re.move the foci li t ies at Board 's
owTI expe nse .
G. I t is expressly understood and ag reed tha t the granting
and acceptance of this pellnit is a nd shall be without p r ej udice to
any rights or obligations of the City and County of De nver, its
Board of Water Commissione rs , the City of Englewood , Colorado , or
any inhabitants thereof.
H. The conditions contained herein shall apply to the
agents , contrac tor s , sub-contractors , heirs , successors , assig ns of
any other entity havinq been granted "dani0ion" over the facilities
by the Board. The Board agr.aes that v iolat · on of this permit by
a ny of the above me nt ioned shall give the C1 .y the rig ht to void
this permit and ne utralize or renove any facilities permitted
he re in at the sole expe nse of the Board or its heirs , successors
and/or assigns .
IN WITNE:1:~ WHEREOF , the parties have signed this agreenent as
of the d ay and year first above wr itten.
A'ITEST :
Gary R. Hi gbee, ex of fic io
City Clerk-Treasure r
APP ROVED:
Director of Enginee ring __ _
AP PROVED AS TO FORM :
Leg afolv1s1 on
CITY OF ENGL&IOOO , COLORADO
By------~----Eu gene L . Otis , Mayor
CITY AND COONTY OF DENVER ,
Acti ng by and Through I ts
Board of wate r COmnis s ioners
By
Man ager
I