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Home My WebLink About2001 Ordinance No. 056• • • ORDINANCE NO ._$. SERIES OF 2001 BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A ".:JCENSE AGREEMENT' FOR CONDUIT FOR UNDERGROUND CABLE ACROSS THE CITY DITCH RIGHT-OF-WAY TO AT&T BROADBAND. WHEREAS. AT&T Broadband requeot.ed a License Agreement in order to install an underground conduit for cable across the City Ditch locat.ed at the new development "Aspen Grove" shopping cen!A!r on South Santa Fe Drive north of Mineral Avenue; and WHEREAS, the passage of this Ordinance will all the installation of an underground bore of three (3), two inch (2") PVC conduits at a depth of approximately thirt.een feet (13') across the City's Right-Of-Way for the City Ditch: and WHEREAS, the Englewood Water and Sewer Board rer;ommended Council approval of the "License Agreement" to AT&T Broadband by telepl1one vote on September 7, 2001 meeting: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-Tb,i "License Agreement" to AT&T Broadband for conduit for cable across the City Ditch, as described in "Attachment l", is her eby a ccepted and approved by the City Council of the City of Englewood, Colorado. ~-The Diri,ctor of Utilities is authorized to execute the "License Agreement" fnr and on behalf of the City of Englewood, Colorado. Introduced. read in full, and pas•ed on first reading on the 17th day of September, 2001. -I - 11 bi Published ae a Bill for an Ordinance on the 21st day of September, 2001 . RAlad by title and passed on final reading on the 1st day of October, 2001. Published by title as Ordinance No.~ Series of 2001. on the 5th day of October. 2001 . ~/1/1/\ . o a . Burna, MaYo'r 1, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado. hereby certify that the above and foregoillg ia a true copy of tb.e Ordinance p on final reading and published by title as Ordinance No .$, Series of 2001. -2- • • • • • LICENSE AGREEMENT THIS LICENSE AGREE:.1,IENT , made and entered into as o( this ____ day of -----~ 2001. by and between the CITY OF ENGLEWOOD , a municipal corporation of the State of Colorado, herein referred to as '"City•, and TCI CABLEVISION OF GEORGL\, INC. dba AT&T BROADBAND herein l"'..fened to as "l.iceru;ee•. WITNESSETH: The City witho ut any warranty of its title or interest whatsi:iever, hereby authorizes Licensee to install an undergrou.nd bore of three (3), two inch (2") PVC ,:-nduits at a depth of approximately thirteen feet (1 3'). across the City's Right-of-W3.y for t he City Ditch. described as a pn.rcel of land situated in the East l /2 of Section 29, Town,n,ip 5 South. Range 68 West .:,f the 6"' Principal Meridian, County of Arapahoe. St.ate of Colorado, depicted upon Exhibit A, attached here to and made a part hereof. l. An: constructi.on contemplated or performed under this License sh11 11 c<>1v11 ly IV,th and co nform to standards formulated by the Director of Utilities of the City and sue}. construction shall be performed and completed according to the plans approved by the City. 2 . The Licensee shall notify the City's Direetor of litilities at least three (3) d ays prio• to the time of commencement of the construction of. or any re pain m ade to, Lice nae ·s conduit so that the City may. in ite discretion, inspect such operanons . 3 . Within thirty (30 ) days from the date of commencement of co nstruction of said conduit. the Licen.see shall complete such construction. place and maintain permanent, visible markers, of a type and at s u ch locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossin11 area of aJI construction debris and restore the area to its previous condition as near as ma)' be reasonable , In the event the placing of the centerline markera a.n.d the clearing and restoration of the crossing area is not completed withi n the time specified. the City may complete the work at the sole e,cpense of t he Licensee. 4 . The City shall have the right to ruaintain, install, repair. remove or relocate the City Ditch or any other of 1ts facilities or installations within the City'a Right-of-Way. at any time and in .such manner as the City deem s necessary or convenitn.a t. The Cicy· reserves the e:cclusive right to control all easements and installations. 5. The stipulation and conditions of this License s hall be incorporated into contract specifications if t he construction herein authorized is to be done on a contract basis. 6 . The rights and pri,-ileges gra nted Ill this License shall be s ubject to prior agreements. licenses and/or gy:rnts. recorded o r u.nreco rded. a nd it ahall be the Licensee. sole responsibility to determine the emtence of said documenu or conflicting uses or installations . 7. The Licensee ahall contact and fully cooperate with the City"a personnel and the construction ahall be completed without interference with any lawful. usual or ordinary ilow of water through the City Ditch. Licensee shall assume all riaks incident to the possible presence of such wate,rs. or of 1torm waters, or of surface waters in the City Ditch. a. All trencher, or holes within the City"s Righte-ol'-Wa,, shall be backfilled and tamped t.:, the original sround lin.e in layers not to exceed si2: (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor Ma,cimum Density. 9 . Licensee shall indemnify and save harmless the City. its officers and emp i ·•• s, against any and all claims. damages, actions or causes of action and eXf'"nses to which it or they may be subjected by reason of said access drive bein11 -.'J.lin and acroas the pre mises of the City or by reason of any work done or omission t'iade by Lfoeneee, its a11ents or employees, in connection with the construction. l"l!p •P ··~-:nent maintenance or repair of said installation. 10. It is expreNly agreed that in case of Licensee's breach of any of the within promi»es, the City may , at its option. b:ive specific performance thereof. or sue for damages resulting from such breach. 11 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent ahall terminate. but its obligation to indemnify and ~ave harmless the City, its officers and employees. ahall not terminate in any event In granting the a !,,i ,·e authorization. the City res erves the rii:ht to make full use of the property involve ·· -may be necessary or convenient in the operation of the City Ditch system undor .ht control of the City. IN WITNESS WHEREOF. this instrument has been executed as of the day and year first above written. APPROVED : By : Stewart Fonda Director of C tilities -2- CITY F ENGLEWOOD Acting t hrough and by its Water and Sewer Board • • • • • ATTEST: Title 1SEAL) STATE OF COLORADO ) A-f'Vli )ss. LICENSEE: T~IC !ON~~ IN aA !r/)AD By: --A'='--<(-'--'----'--- Jcs91'h R. Stackhouse Senior Vice President COtJ NTY OF t:JN+<W11.'<--) The f~P.g _in:,,trument was ackncwledged.b_efore me this nc1ay of A,:~l s 1:::- 2001 . by O ~..::.su<'!(~R a s ·,~iC e-~~•d en t ofTCI Cable . 'on of Oeo,gia, Inc. clba AT&T Broadband. [N WITNESS WHERE OF . 1 have hereunto set my hand and affixed my official seal the day and year firs t above " r..ttcn. (l~ . 12 WCCJIMl&D~ ~i~c: ~~ ~UWJ <LL, Lf} J,1,t/0,,W My commission e:q>ires : ________ ••-~ • ,¥• NOTARY PUBLIC r E 1 /4 N t SECTION 29, TOWNSHIP 5 SOUTH, RANGE 68 WEST 6th P M COUN Y OF ARAPAHOE ---- ~I OI CIJlll\t-.NIC Ot bC ----CD 111C.111M.r _,.,.o,-•Y lollC lofllllllAf't -..C CDOTT ..... -.Wc;MII CD11: o, •allUOf 7----/""-----~,.Z. !2",t'GS ASPEN CR 011( ' I ' ' POINT OF COMMDla:MENT---..:... ..o.i~ro.nc: .S~T ...,., .. Of'•-T l,a.( s-r.-re Ol'9< t:00t)·1111aUM.U11~ AT&T PROPOS::0 aoRE )> PLAN SCALE 1" = so· .., ..; PROFILE NO, TO SCAL• I WATERL INE .SIDII.T .... 1-0,-•TI.K or ,._,,. ,r CIIIM: --oe. s.r..-n, a.. ......... ENGLEWOOD CITY DITCH ~ • I T A • • • • Date September 1 7, 200 1 I ITIATED BY COUNCIL COMMUNICATION Agenda Item 11 a i Subject City Ditch License Agreement - TCI Cablevision/AT&T Broadband U tilities Department I STAFF SOURCE Stewart Fonda, Director o f U til ities COUNCIL GOAL ANO PREVIOUS COUNCIL A CTIO , one REC("AMENOED ACTION e En 5Ie wo,,J VV ' ter and Sewe r Board recommended Co uncil approval by Ordinance at their September , , :!001 me i ,,g , tl,e License Agreement , ith TCI Cablevisi o n of Georgia/AT & T Broadband. B ·. i,:..:;.?O O ND, ANALYSIS, AND ALTERNATIVES IDENTIFIED TCI Cablevision submitted a License Ag re ement to r,os s the City D itch righ t -of-way with an underground bore of th re e (3) l\vo i nch (2") PVC conduits 13' across the City's Right-o f-Wa~•. TI1 is •N ill enable broadband cable t o be buried, as req ui red by code at the Aspen Grove deve lopm en t located on Santa Fe Drive. Eng lewood's City Attorney has reviewed and app roved the license agreement. FINANC IAL IMPACT -.,.JOt!. UST OF ATTACHMENTS Li cense Agreement Ordi" :,ce