HomeMy WebLinkAbout2002 Ordinance No. 013•
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ORDINANCE NO .Li
SE RIE S OF 2002
BY AU 'l'l·IOlllTY
COUNC IL l3ILL NO . 8
I TRODU CE D BY COUNC IL
MEMBER MOORE
AN OR DI NANC E AUTHORIZING A "LI CENSE AGREEMENT" BETWEE N THE
DENVER BOARD OF WATER CO MM!SSIO NE RS AND THE CiTY OF
E NG LEWOOD , COLORADO WHI CH WILL ALLOW TH E DENVER WATER BOARD
TO DRILL A TES T HOLE AND . IF REQ..JIRED , A MONITORING WELL WITHI N
THE PAR K ALONG HARV .RD GU LCH , ZUNI AN D VASSE R [NO RTHWES T
GRE ENBE LT[.
WHEREAS . the Blue Hiver O1"cree applies to wa te r dive rted from the Co lorado
Ri\'cr syste m to the Ea stern s lop,. of the Roc kie s by trausmountain diversion ; and
WHEREAS . the decree s tates t hat s uch water divert~d ca n bt used to extinct io n :
and
WHEREAS. thr recy cli ng of this water is the prim ary goal of the Denver Water
Boa,·d ; nnd
WHEREAS, the k nown fnctor s in this recycling project are: the a mount of water
brought ove r the transmountarn div ersion a nd how much is Hent into the distribution
system to loca l use rs: nnd
WHEREAS , what is not known at present is how much over -waterin~ is do ne .. 111d
how much water go'?s below the roo t zo ne a nd fl ows along bedrock bac k to th e Platte
Ri ve r ; a nd
WHE!l.EAS. De nve r Wnt·!r Boa rd has co ntracted HRS Water Co ns ul tafl(.!I. to
determ in e the a mount of \':a te r tlrnt ca n be withd1 1 wn downs tream an j re cycled bdc k
in to the irrigation system; a nd
\.VHERE AS , HRS hu ~ se t up ;,! grid s ystem throu ghout t hf metro ., 11.itan area so
that raw datr, ca n be co'J ected to qunm iy the am ount of watet th..t t ;.'.J~S he low the
roo t zone 111 eac h of t he nrnJo r d r:nn0ge'3 and 1s returned to the :~w d Platt~ I?i\'er:
and
\·VHE flEAS. Ha r, ard Guich has bee n selecte d fo l' sa mpl e boreo wi~!~ a'}." co re
samp le: a nd
WHEREAS , s iles that prov e accepta ble will have a n 8.s ·· monitoring well d rill ed
a nd cased with a lock rn g cu p flu s ! • .no\;nted with the gro und, so as to not interfe re
with mowing; and
WHEREAS. the momto rin g well will ha\'e dnto co ll ected on a qt•intl!rly basis for 4
to 5 yea r s : and
WHERE:\'.), the Den \' r Wa ter Donrd w11l 111s tall and ma intai n a ll equipmen~ with
no finnn crn l impact to the City of Englewood : a nd
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\VHEREAS. the pa ssage of this Ordirinnce a uthorizes the City of En~lewood to
e nter into u Lice nse Agree ment with ~he Denve r Wa ter Board allowing Le nver Water
Bourd t.o drill a test hole a nd if requi red n monitoring well in Englewoo d's No rthwest
Gree n belt within the Pnrk a long Harvard Gulch , Zun ; and Vasser;
NOW, THEREFORE, BE 11' ORDAJ NED BY THE CITY COUNCIL OF THE CITY 01'
ENGLEWOOD, CO LORADO , AS FOLLOWS :
~. The ''Li ce nse Agreement'' betwee n the Denver Board of Weter
Co mmi ssioners and the City of Englewood a uthorizing \'he De nver Water Board of
Wate r Commi ssioners to drill a test hole ond if required a monitoring we ll within the
Pork a lo ng Hur\lard Gulch , Zuni nnd Va sser set fort h in "Attach1uent J'', is he reby
accepted and approved by the City Council of the City of Ilnglewood , Co lorado .
~-The Mayor a nd the C1ty Clerk a re hereby a uthori zed to ei~n and attest
said License Agreemen t on be half of t he City c f Englewood.
In t roduced, read tn full , and passed on first reading on the 1s t day of April, 2002
Published as a Bill for a n Ordina nce on th e 5th day of April, 2002.
Read by title a nd pu ssed on final ceading on the 15th day of Apri l, 2002 .
Publis hed by title as Ordinance No /.3.., Series of 2002 , on the 19th do; of April ,
2002.
~--everlydah;: tlyor
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THIS LJCE:-ISE AGREEMENT is mad e between the City of Englewood , herei n refe rred to
a~ the ··C ITY--. and the CIT\" A:-ID CO UNT Y OF DENVER. acting b)' and through its BOARD OF
WATER COMMISSIONERS. u Municipal Corporation of the Swte of Colorado. hereinafter
refe rred to as ··LJ CENSEE"" (w heth er gra mmati ca ll y si ngul ar or plural ).
WITNESS ETH:
The 1<rm ·•LJCE NSE:o·· shall include employees . agents and contractors of LICE NSEE .
The te rm ··µro ,.ert y" as used hernin refers to ;eal propert y and inc iudes easements . righ ts -o f-way
and oth er CITY in terest in land and may so,,ie time s be referred to herein as ··C ITY propert y"".
The CITY. by th ese prese nts . with out warranting titl e or interest . and subject to the cove nants
herei nafter set forth does he reby authorize the LICENSEE . its successors and assigns. to perform the
following at the locati ons de scribed in~-attached hereto and made a J « hereof:
To.fil.J:!l!!e Drilling : Te st hole s w,11 be dr illed at all se lected si te s. A pi ck up mount ed Geopro be
Sys tem will be used for th e te st hole s. The hole wi ll be 1-i nche s in diameter. Samples will be co llected in
pl astic tubes . The pla sti c tu bes are in si de a steel pipe that is pushed and/or hammered into the ground.
Each tube is 4 fee t long . As eac h tube is filled it is pull ed from the ground . Once the test hole reaches
bedrock the hole wi ll be backfilled with sand and bentonit e to ground levol.
Monit oring Well Dr jUinc and Installation : At sci • 1 test hole sites J monitorin g well will be
instJlled near the ,est hole . A holl ow ste m auger rig ( nng rig ) will be use d fo r the monitori ng well
dr ill in2 and insta llati on. An 8.5 -inch diameter hole di oe drilled to bedrock . The well installation will
consist of 1 -inc h PVC casin g and sc reen . Fi ve feet of screen will be placed at the bottom of th e hole with
so li d casing above th e scree n to gro und level. Sand will be plac ed around the sc reen from tota l depth to I
foot ab ove the top of the sc reen . Bentonite will be placed above the sand to I foot below ground le ve l.
Cement wi ll be placed on top of thr. bentonite to ground le vel. The well wil l be prote cted by a limit ed
access . 0ush mou nt monit oring well manhole . A locking plug will be pla ce d in the top of the PVC.
Excess soi ls wi ll be sprea d onsi te if feasible or hauled offsite . A we ll te st ma y be conducted at va riou s
monit ori ng well s. Access for testi ng will be limit ed to a car or pic,up or by walking to the we ll site .
Wa ter produc ed d uring the tes t wi ll be spread onsite . Water leve ls will be measured quarterly after
install ati on.
I. The LI CENSEE . at least five (51 da ys pri or to the propose d date for co mmencement of the wo rk
hereb ) authori ze d. shall notify th e CITY of its sc heduled time to be on site .
2. Th e '.J CENSEE sha ll notify th e CITY at least thre e (3) do~s prior 10 commence-,.,nt of.
mvdi fi ca tio ns or re pairs 10 LICE NS EE "s installation . so that the CITY may make such
inspect io ns. as it deems necessary . In the event of emergenc y repairs required for safety
LICE NS EE shall not be required to furni sh not ice prior 10 commenci r g said repairs. but shall
noti fy the CITY of the nature and extent of an y such emerge nc y work .
3. In £rant mg thi s Lic ense. th e CIT Y re se r\'CS the right to make full use of the propert y inl"ol ve d as
may be ne cess ar) or conve nient in the operation und er the cont rol or the CITY and th e CITY
retains all righ t 10 Opc!r:.ue . ma intain. insta ll . repair . remo ve or rel oca te any of its fa ci lit ies loc ated
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within tht! C ITY 's pro peny al ar,y ti ,e and in such a man,1er as it dee.ms necess.ary o r convenient.
In the t!Vt!Ot the LICENSEE"s h stall.,tion iould interfere wilh the CITY 's use or operation of hs
properl y. al an y lime hereaf•.er. 1he LICE NSEE shall. upon requeSI by 1he CITY and al
I.I CENSEE "s so le ex pen se. irr,media1el y relocale or rearran ge iis insi alla1ion so as nol 10 in1erfere •
wi1h any such CITY use.
The LICENSEE shall comple1e ilS installa1i on. clear 1he area of all ,00<1,c.1ion debris an d reSlore
lhe area 10 iis preex isiin g condi1ion as nearl y as ma y be possible wi1hin five (5) da ys from lhe
date of co mmence ment or initial cons1ructi on or repairs . In the event ;!earing and restoration of
lhe urea is nm comple1ed wi1hin five (5 ) days . the CITY may compleie lhe work al 1he sole
expen se of lhe LICENSEE .
All exca va1ion s wi1hin CITY propert y shall be backfilled upon comple1ion of pr ojec1.
LICENSEE will use all reasonable means 10 pre ven1 an y loss or dama ge 10 the CITY or 10 01hers
resulting from the construction . modifications. replacement . repair. operation ,md maintrnance of
LICENSEE " s insialla1ion . Any repair or replacement of any of 1he CITY-s insiallati c,n on its
propert y made necessary. in 1he opinion of the CITY. because of 1he cons1ruc1ion modificalion .
operaiion. main1enance. repair or replacemenl of LICENSEE"s inS1alla1ion. shall be made onl y by
the CITY and u1 1he sole expense of 1he LICENSEE .
LIC:::NSEE . insofar as i1 legally may . b:reby expressly agrees 10 defend. indemnify and hold
harmless the CITY. its officers. agenis. emplo yees ,.nd insurers against an y liubili1y. loss .
damage. demand. actions . cause or action or e:tpense of whatever nature (inchJding coun costs
and anomey"s fees ) 10 the exteni the same are due 10 1:1e LICENSEE "s negligence which may
resall from any loss . injury . death c, damage allegedly sustained by the LICENSEE or any
person. finn. corporation or other er,tity. \vhich arises out of or is caused by any act or omission
,,f 1he LICENSEE . iis officers . o:,;ents. or employees (or LICENSEE "s employees ). All damage •
10 the LICENSEE"s installation by 1he CITY shall be repaired al no expense 10 the CITY .
All work authorized by this Licen« Agreemeni shall be performed by the LICENSEE al no
expense 10 the CITY and . except as otherwise set forth herein . LICENSEE shall own and
maintain its installation thereafter.
The ri ght s and pri vilege s granted in thi s License Agreem• nt are s11 Jject to prior agreements.
licenses :ind con vevances . re corded or unrecorded. and it shall be the LICENSEE "s sole
responsibility 10 de1~rmine the exiSlence of an y rights. uses or ins1alla1ions connic1ing with the
LICENSEE"s use of the CITY "s propert y hereunder and 10 resol ve an y conflict.
If the LICENSEE does not use the right herein gran1ed or iis installation for a period of one (I)
year. or if LICE NSEE shall at an y time fail or refuse to compl y with or carry out any of the
cond ition s of thi s License the CITY ma y. a1 its election and after thirty (30 ) days notice 10
compl y. revok e this License by wrinen notice 10 the LICENSEE in person or by mail at
LICENSEE"s las, known address . Upon 1ermina1 ;on of the License . the LICENSEE shall have a
mutuall y agreed upon time 10 remove its ins1alla1ion from the CITY "s property . In the event
LICENSEE does not remove said installation within the time allowed . the CITY. wi1hou1
incurri ng liabili1 y. ma y remove said installation at LICENSEE"s expense .
Upon a band onment of an y right or privilege herein granted . 1he right of LICENSEE 10 that extent
shall 1ermina1e. but its obl iea1 io n 10 indemnifv and save harmless the CITY . its officers.
cmpl oy el!s and agent s. shall n~t terminate in any e~vent. •
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12. The rights granted LI CENSEE hereunder ma y not be assigned wi thout the wri nen co nsent of the
CITY .
THIS LICENSE AGREEMENT shall become effective on the date it is signed by 1h,
appropriate repmen1a1i ve of the CITY .
CITY OF ENGLEWOOD
M:TFSr :
lleverly J. Bradshaw, Mayor
Dale: ____________ _
Loucrishia A. Ellis
The undersigned authorized officer(s) of the LICENSEE has read the foregoing License
Agreement and agrees for and in !>:half of said Li censee that ii will accept and will abide by all the 1enns
and conditions thereof.
ATTESTED AND APPROVED :
'3 y, ·n1,,..,,;..,,,_. 13~-fk,,
~,sett. Chief of Distribution
Enginooring and Proporty Management
APPRO VE D AS TO FORM :
LICENSEE:
CITY AND COUNTY OF DEl'IVER .
Date: __ ...,>_:-..;.1/_L_-_~/-_u_-,. _____ _
Test holes to be detennincd in field with representative of CITY and Consultant. HRS Water
Consultants. Inc.
One site per area at the following location :
Park along Harvard Gulch. Zuni and Vassar
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COUNCIL COMMUNICATION
Dat e
April 1, 2002 I Agenda Item I Subject
10 a i Denve r Water Boar d Monitoring
Well at Northwest Greenbelt
Initiated By
Dep artment of Parks & Recreation I Staff So urce
Jerre ll Black, Director of Parks & Recreation
Dave Lee. Mana•er of Ocen Snace
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action has been taken .
RECOMMENDED ACTilJN
Staff recommends that Council approve a bill for an ord inance authorizing a "li cense
agreement" authorizing the Denver Water Board to drill a test hole and subsequent
monitoring well within the area of Northwest Green Belt.
BACKGROUND, ANALY~IS, AND ALTERNATIVES IDENTIFIED
The Blue Riv er Decree applies to water di vert~d from the Colorado Ri ver system to the
Eastern slope of th e Rockies by transmountain di version. The decree states th at such water
di verted can be used to extinction. The recycling of this water is the primary goal of the
Denver Water Board. Th e known factors in this recycling project are: the amount of water
brought over by transmountain diversion and how much is sent into the distribution system
to local us ers . What is not known at present is how much over-watering is done and how
much wa te r goes below the root zone and flows along bedrock back to the Platte River.
HRS Water Consultants has been contracted to determine the amount of water that can be
withdrawn downstream and recycled back into the irrigation system. HRS has set up a grid
system throughout the metro politan area so that raw data can be collected to quantify the
amount of water that goes bel ow the root zone in each of the major drainages and is
returned to the ri ver. Harvard Gulch has been selected for sample bores with a 2" core
sample . Sites that prove acceptable will have an 8.5'' monitoring well drilled and cased with
a locking ca p flush -mounted wit h the ground , so as to not interfere with mowing. The
mon itoring well will have data collected on a quarterl y basis for 4 to S years.
FINANCIAL IMPAC .
Ther (. ,s no financial impact to the City. Den ver Water Board will inst all and maintain all
equipment
LIST OF ATTACHMENTS
Proposed Bill fo r ar: Ordinance