HomeMy WebLinkAbout1991 Ordinance No. 052ORDINAOC E NO .&--,
SERI ES OF 1991
BY AlJl'HORITY
COONCIL BILL NO . 56
lm'RODUCED BY CXXJNCIL
MEl'DlER QJLLEY
I\N CJUl T.NANCE APPROVING A LICfNSE AGREENENT 8E:!WEEN THE CITY CF mGLEl>OO)
/\ND TI!E REXilctlAL TRJ\NSPORTATIOO DISTRICT (R'ID) FOR EN:l.OSING AND CllOSSING
TilE CITY DI'ICH FOR TilE PURPOSE CF CONsrROCTlllG AN EXPI\NSICN OF I\N EXISTING
PARK-!l-RIDE.
l'IHEREAS, the R'ID already has an existing Park-N-Ride at South santa
Fe Drive and Mineral Aven e and wishes to expand this Park-N-Ride ; and
WHEREAS, with the oonstnction of said expansion of the R'ID
Park-N-Ride , the R'ID wishes to enclose and cross a portio n of the City
Dit ch; and
WHEREAS, the License Agreerent is necessary in order to set forth
certain restrictions which oould negatively affect the water quality and
wo.ild negatively inpact the City Ditch q,erations;
OCW, 'ffiEREFCIIB, BE IT C1IDAINED BY TilE CITY CXXJOCIL CF TilE CITY ct•
ElGDo:Jl , COLCIWXl, AS FCJLLOiS:
Section 1. The License Agreenent between the City of Englewood and
the Regional Transportation District (R'ID) to oonstruct a Park-N-Ride
expansion at Mineral Avenue and South 5anta Fe Drive is hereby approved. A
cq,y of the License agreerent is attached hereto as Exhibit A and
incon:.:ir ated herein by reference .
Section 2. The flayer an d the City Clerk are hereby a uthorized to sign
and a ttest the License Agreerent for and on behalf of the City Council and
the Ci ty of E))gl.,.,.,:,od.
Introduced, read in full, and passed on f i rst reading oo the 19th
day of Augus t , 1991.
Pub lis hed a s a Bill for an Ordinance oo the 22nd day of August , 1991.
Read by titl e an d passed on final reading oo the 3rd day of Septentier,
1991.
Published by title as Ordinance No. '2,d , Series of 1991 , on the 5th A
day o f Septent>er, 1991. •
ATl'EST :
( j}i(CI(!... w (] H-v--'
Patricia H. Cra,,, City Clerk
I, Patricia H. Cra.1, City Clerk of the City of Ehglewood, Colorado ,
hereby certify that the above and foregoing is a true copy of the Ordinance
rassed on final reading and p.lblished by title as Ordinance No . ,5;;_, SerJes
of 1991.
~'tu,~;,, J/. ~,r
Patricia H. Crow
LICENSE AGREEMENT
THIS AGREEMENT, made and entered Into as of the 30
day of HAY , 19 91 , by and between the CITY
OF EtlGLEWOOO, a municipal corporation otColorado, hereinafter referred to as "City" and
RTO (REGIONAL TRANSPORTATION O!STRICT)
HERE!NfffTER REFERRED TO AS "Licensee,"
WITNESS ETH:
The City without any warranty of its title or interest whatsoever,
hereby authorizes Licensee, its successor, assigns, to enclose a portion
of the City Ditch and construct an irrigation line and electrical conduit
across the City's rf ghts-of-way for the Cf ty Of tch,
Situated In the ___ N~or_t_h~l/_2 __ _
of Section ---~3_2 ___ _ Township ____ s_so_u_t_h __ _
Range _____ 68=--"""'~~s~t'--_ of the ----'6'-'T""H ____ P.H .,
County of Arapahoe, State of Colorado and lying within the following descr·ibed lines :
Mineral Avenue and Santa Fe Drive
Park-II-Rf de
(See attached Map)
I. The size of the en,:losure pipe shall be 60 ", as shown on the atta che d draw i ng .
2. Any constr uction contemp lated or performed under this License
shall com ply with and conform to standards formulat ed by the Dire c tor
of Utilit ies of the City and s uch construction shall be pe r formed and
com pl eted acc o rding to the plans, consisting of one sheet, a co py of
which is attached hereto and made a par t hereof.
3. The Licensee sh all notify the City's Dir ector o f Utilitie s at
least three (3 ) days prior to t he time of commen cement of the
-1-
cons true t f on of, or any repa f rs made to, Licensee's enc 1 osure of the
ditch and crossings of the ditch with irrigation and electrical lines,
so that the City may, in its discretion, inspect such operations .
4. Within thirty (30) days from the date of t~e commence ment of
const ruction of said enclosure of the ditch and crossings of the ditch,
the Licensee shall complete such construction, and s hall c lear the
crossi ng area of all construct i on debr i s and restore the area to its
previous condition as near as may be reasonable. In the event and
the c l earing and restoration of the crossing area is not comp l eted
within the time specified, the City may complete the work at the sole
expense of the Li censee.
5 . The City shall have the right to maintain, install, repair , remove
or relocate the City Ditc h or ny other of its facilities or installati on
within the City's rights-of-way, at any time and in such manner as
the City deems necessary or convenient. The City reserves the exclusive
right to control all easements an d i nsta ll ations. In the event the
enclosure or crossings shoul d interfere with any f uture use of the
City's rights-of-way by the City, the Licensee sha ll , upon request
and at its so l e expense, relocate , rearrange, or remove Its installations
so as not to interfere with any such us e.
6 . Any repair or replacement of any City installati on made necessary,
in the opinion of the City 's Director of Utilities because of the
construction of the enclosure or crossings or other appurtenant
installation there of, sha ll be made at the sole ex pense of t he l icensee.
7. The stipu l ation and conditions of this License shall be incorporated
into contract specifications if the construction he1·ei n authorized
is to be done a contract basis.
8. The right s an d pri vil ed9es granted i n this License sh a 11 bb •;ub j ec t
to prior agreements, licenses and/or grants , recorded or unrecorded,
and it shall be the Licensee 's sole responsibility to determin° the
existance of said documents or confl feting uses or insta ll atio ns.
9. The Licensee sha,, contact and fully cooperate with the City's
pe rsonne 1 and the construct i on -sha 11 be comp 1 eted wf thout f nte rfere nce
with any lawf ul, usual or ordinary flow of water th rough t he City Ditch.
Licensee shall assume all ri r,k s in ci dent to the possible pr ese nce of
such wate r s, or of storm wa ters i n the City Ditch .
JO. All t ren ch es or holes within the City's rights-of-way sha ll be
back fill e,< and tampe d to he ori ginal grou nd li ne in la yer s not to
exceed six (Gi Inches loose measu re to a com pa ction of nin e t y pe r cent
(90 %) Standard Proctor Maxi mum Densi ty.
11. To the exte nt pe rmitted by law, and sub Ject to the provis i ons
of the Col ora do Governmen ta l Imm unity Act, Licensee , by acceptance
of this lice ns e, expressly assumes fo ll and st rict liab i l ity f or any
and al 1 damages of every na ure to person or prope rty caused by water
fr om t he ditch leaki ng throu gh the ditch banks or pipe l i ne at t e point
· 2·
or po i nts where t.he Licensee performs any work in connections
wi th the crossing provide d by this license. The Licensee assume s
all responsibility for maintenance of the installation .
12. To th e extent permitted by a ll, the subject to th e
provis ions of the Colorado Governmental Im munity Act, Li cen see
s hall ind em n i f y a nd save harmless the City, its officers a nd
emp loye es , against any and al l claims, damages, actions o r c au s e s
of ac tion and ex pen ses to which it or they may be su b jected by
reason of said enclosures and crossings being within ,nd ov e r the
p r emis es of the City or by reason of any work done or omission
ma de by Licensee, its agents or employ ees, in conn ection with the
c onstruction, r e placement, maintenance or repair of said
, nstallation.
1 ). It is expressly agreed that in case of Licensee 's breach of
~ny of the within promises, the City may, at its option, h ave
specific performance thereof, or sue for damages resulting from
such breach.
H. Upon abandonment o f any right or privilege herein granted,
the r l qht of Licensee to that extent shall terminate , but its
obligation to indemnify and save harmless the City, its officers
and employees, shall not terminate in any event.
15. Licensee is expressly forbidden from constructing permanent
structures or buildings on the City Ditch rights-of-way.
In granting the above authorization, the City reserves the right
to make full .,se of the property involved as may be necessary or
convenient in the operation of the water works plant and system
un de r the control of the City.
IN WITNESS WHEREOF, this instruction has been executed as of
the day and year first above written .
REGIONAL TRANSPORTATION
DISTRICT:
By : ___________ _
General Manager
ATT EST:
CITY OF ENGLEWOOD
By: ____________ _
Mayor
ATTEST:
City ·c lerk
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DATE
August 19 1 199 1
INITIATED BY
STAFF souacs
I SSUE/ ACTION PROPOHD
COtnfCIL COMMUNICATIO N
AOENO~ ITEM
12 C
Water and Sewer Board
SUB JECT RTD Hiner al Avenue
Park-N-Ride
License 1'.greement
Stewart Po nda, Director o f Ut il i t ies
Co uncil approval ot' the Li cense Agreeme nt submitted by RTD f or t he Min eral Aven ue
Park-N-Rid•.
PRBVIOUS COUNCIL ACTION
Non e .
STAPF lUIIILHIII
The Lic ■n•• Agre■man t wae approved by the Englewood Water and s ewer Board at thei r
February 12 , 1991 toe ■ting . The following condition• are requi.red : no drainage or
runoff from the site may e nter the ditch , no construction material should b e
stockpi led o n the ditch right-of-way , all ditch banks s hould be left intact, and all
c rossing of the ditch by p ipelines cannot be o pen c ut d u r ing seasonal rtitch
o perations.
BACICGROUMD
RTD submit ted a request f o r a L icense Agreement to e nclose and cross the City Ditch
at the Park-rt -R ide a t Minera l Avenue and Santa Fe. Trying to construct the piped
section wh ile the ditc h is in operation would necessitate the construction o f a 36"
diversion p ipe , •hi.ch could negatively affec t water quality a •d would negatively
impact the ditch o ,:,, 1 tions, therefore he ditch portion of the project must be
constructed bot wee , ·.>c tober l, 1991 and Apr 1. l l 1 1992.
The ditch will be e r.c losed with pipe Rimilar tn the type and siz.e used in the City
Ditch Relo cation o f the L1.ttleton Ra1.lro ad Oep1·ess1.on Project, that ie 60" diamete r
RCP.