HomeMy WebLinkAbout2001 Ordinance No. 073•
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ORDINANCE NO .~
SERJES OF 2001
BY AUTHORJTY
COUNCIL BILL NO . 76
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORlZJ GA "CITY DITCH LICENSE AGREEMENT" FOR AN
18" STORM SEWER CROSSING OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-
WAY FOR THE CITY DITCH AT 5200 BLOCK OF SOU'l'H PRESCOTT STREET IN
LITTLETO , COLORADO, BETWEEN THE C ITY OF LITTLETON, COLORADO
AND THE CITY OF ENGLEWOOD , COLORADO.
WHEREAS, the City of Littleton has requested o City Ditch License Agyeeme nt for
the construction of an 18" storm sewer across the City of Englewood's City Ditch Right-
Of-Way in the 5200 block of South Prescott Street in Littleton, Colorado; and
WHEREAS, under the City Ditch License AgTeement in the event the Crosaing
should interfere with any future use of the Englewood's Right-Of-Way by Englewood,
the City of Littleton shall, upon request and at its sole expense , relocate, rearrange, or
remove its installations ao as not to interfere with and such use; and
WHEREAS, under the City Ditch License Agreement the City of Littleton is
responsible for the maintenance of the 18" Storm Sewer Crossing structure;
WHEREAS, the Engl~wood Wate r and Sewer Board recomme.nded Council approval
of the "City Ditch License Agreement" for the construction of the City of Littleton's 18"
s torm s ewer crossing Englewood's City Ditch Right-Of-Way at its November 13 , 2001
meeting;
NOW, THEREFORE. BE IT ORDAINED BY 'IH£' C!TY C0UNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS :
~-The "City Ditch License Agreemeu <' w t:. , , , Littleton for the
construction of an 18"' storm sewer crossing o.rer ti'e Gity c,! a:.~Jlewood •s Right•Of•Way
for the City Ditch at the IOC.'.ltion of the 5200 block oi South Prescott Street in Littleton,
Co lorado, set forth in "Attachment l ", is hereby accepted and approved by the <:ity
Council of the City of Engle wood, Colorado.
~-The Director of Utilities is authorized co execute the "City Ditch Licenae
Agreement" for a nd on behalf of the City of Englewood . Colorado.
Introduced, r ead in full , aud passed on 6.rst reading on the 19th day of November,
2001.
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Published aa a Bill for an Ordinance on the 23rd day of Novem ber, 2001 .
Read by title and paaeed on final reading on the 3rd day of December, 2001 .
Publ.iahed by title as Ordinance No . 7J.. Series of 2001 , on the 7th day of
December, 200 l.
~~ Bev~w. Mayor
I , Loucriahia A. Ellis, City Clerk of the City of Englnwood, Colorado, hereby rartify
that the above and foregoing ia a true cop)' of the Ord ma nee paaaed on final re!lding
and published by title as Ordinance No . '.'.23 Series ,,f 20, I .
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LICENSE AGREEi'v!El'IT
THIS AGREE,~VT. made md eu.crcd into as of the ___ day of ____ _
,2001. by and between the CITY OF 1:NGLEWOOD, a municipal corpor:llion of
Colorado, hereinafter referred to ::is "En~ewood" and the City of Littleton. a municipal
corporation of Colorado. whose address is 2255 W . Berry Ave., Littleton. Colorado
80165, hereinafter refe~d to ::is "Licensee",
WITNESSETH: Englewood without auy warnmcy of itS title or in~
whatsoever, hereby authorizes Licensee, it:s successors ~d :issigns, ro install. repair and
iJWnWD :i storm sewer pipe :u:ross Englewood's ri ght-of-way for the City Dircil.
described as a parcel of land situated in the Northwest 1,-4 of Section 16, Townsh.ip 5
South. Range 68 West of the 6fb Pnn.cipal Yleridian. County of Ar:ipahoe. Scrue of
Colorado. depicted upon Exhibit.-\ anached hereto and ma.de a pan: hei~of.
Englewoa<{ shall have the right o maintain, install . repair, remove or re!oc:ire the
Cicy Ditch or ::any other of its facilities or installations within Englewood's Rigbt-
of-Way, at :my time and in such manner :is Englewood deems necessary or
convenient. Englewood reserves the exclusive right to control all e:ise::nencs and
inst3l?ations. Io the event the sconn sewer pipe should ince:fere with my futun:
use of Englewood's Right-of-Way by Englewood. the licensee shall. upon
request and at its sole expense. re!OQ!e. rearr.mge . or remove its inst:lllations so
as 10 not interfere with any such use .
2. Any repair or replacement of any c. ,wood instal'.ations made necessary, in the
opinion of Englewood 's D irector c : itilities bec:l~e of the conscruction of the
stonn sewer pipe or other :ippune,,.ant ins~lation thereof, shall be made at the
sole expense of the License::.
3. The rights :ind privileges gr:inted in this Li .::::nse shall be s ubj ect to prior
agreements , licenses :ind/or gr.mes . recorded or unrecorded. :ind it shall be the
Llcen.'ICe · s so le responsibility to determine the existence of said documents or
conflicting uses or installation.s .
4 . The Licensee assumes :ill responsi bility of maintenance of the storm sewer pipe.
s. It is expressly agreed chat in c:ise of Licensee 's bre:ich of :in y of ~-, within
promises, Englewood may, at ics option. h:i.ve sp ec ific pcrformanr~ the::-eof, or sue
for damages resulting from s:i.id brcxh.
6. Upon abandc nme nt of :iny right or pri vilege herein granted. the right oi Licensee
to chat extent sh:ill terminate .
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7. rn gr:mtin& the ilbove :wthorization, EnaJewood reserves me riaf\t 10 mate full use
of the property involved as may be necessary or convenient in the oper:u:ioa of tbe
w:iu:r and irrigation ditch and system under the comrol of Englewood.
a. Any consttuction contemplated or performed under tlw Uceose shall co!!lpiy
with and conform to standards formulated by Ille Director of Utilities of
':" ,.giewood :ind such co.nsauction shall be pcdonned 3..'ld completed ;i,;cording to
c plans approved by Englewood.
9. The Licensee shall notify Englewood's Director of Utilities :it le:ist three (3) days
prior to the time of commencement of the coo.siruction of, or any repairs made to,
Licensee's rn>rm sewer pip,., so thaI Englewood II!ll.Y, in its disc:etion, impect
such cper:Ltions.
10. Within thirty (30} days from the date of commenceme:a.t of consauctioa of said
srorm sewer pipe. the Licensee shall comp!= such construction. place and
maintain permanent, visible markers, of 1 type and such and at such loc:uioos :is
designated by EniJ.ewQOd's Director ofl.-tilities. referring to the :::nterline of the
installation ;md shall cle:ir the , ssing :ire:i. of · ;onstruetion debris and restore
the are to its previous condition as near as may be =aable. In the event the
placing of the centerline rn.a.r.kers :md the: cle3ring and restoration of the crossing
area is aot compleu:d within che time spcc'Jied. Englewood may comple-.e the
work ar the sole expense of the Licensee.
II. Toe stipulation and conditions of this License snail be incorporated into conmict
specific:mons if the consauc:tion herein authorized is to be done on a concr.ict
basis.
IN WITNESS W'HER.1:0F , this instrument has o..: • J cxecu~ as of the day and ye:ir first
above written.
A.Pl'RO'llED :
Stewart Fon di
Direct.Or of Utilities
APPROVED AS TO FQR.',,I :
CITY OF ENGLEWOOD,
Acting through .ind by its
Water :ind ~wer Board
Chai :mllll
LICENSEE:
CITY OF LITTT..ETON
By: Susan Thornton. Mayor
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I E. AnOH "· II
PROPOSED 18' STORM SEWER
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D a te
ovember 19, 200 1
COUNCIL COMMUN ICATION
Age nda Item
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Subject
City D itch Lic ense Agreem e nt for
5 200 S. Pres c o tt
I mAnOBY
U ti lities D e partment I STAFF SOURCE
Stewart Fonda, Director of Utilit ies
COU NCIL GOAL AND PREVIOUS COUNCIL ACTION
o ne
RECOMMENDED A CTION
The En g lewood Water and Se wer Board reco m m ended C o unci l a p proval at their N o vem b er 13, 2 001
m e eting o f the City Ditch Li cense Agree m e n t from the C ity of Li ttleton for 5200 5. Pr escott St .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A licen se agreement was su bmitted by the C ity o f Li ttlet on for an , B" pip ed storm sewer c rossi n g at th e
5_00 blo ck o i Sou th Prescott Street at Little ton 's Servicente r site. Littlet o n is in stalli n g cu rb, gutter and a
ca tc h b asin a lo ng Pre sc ott. TI,e 18" cat ch b si n p ipe w ill go under En gle wood's C ity Ditch a nd into to th e ir
ex1~ti n g storm system .
The Li c en see ex p res sly assum es fu ll and ,trict lia b ility for any and <1II d am ages o f every na t ure to p e rson o r
p ro p e rty caused b y the p o i nt or p oin ts where th e Li censee performs a ny work in conn ec tion w ith th e
crossin g provided b y the Licensee. The C i ty re serves the ri g ht to mak e full u se of the property n ecessary i n
the o p e rati on o i th e City D it c h. The City r ta ins all rights to o p erate, m a inta i n, in stall, rep air, rem ove o r
r elocated a n y o i i ts ' faci li ties l ocated w ithin t h e City's right-o f-way .
Engl ewood"s City Attorney has re view ed the license agreement.
FINANCIAL IMPACT
one.
LIST Of ATTACHME N TS
O r d in ance
1cense g ree m ent