Loading...
HomeMy WebLinkAbout1994 Ordinance No. 068• • • ORDINANCE NO.(ii S~OF1994 BY AUTHORITY COUNCILBILLNO. 70 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHOIDZING A LICENSE AGREEMENT FOR THE CONSTRUCTION OF A FOOTBRIDGE CROSSING THE CITY DITCH OVER THE CITY OF ENGLEWOOD'S IDGHT-OF-WAY. WHEREAS, Susan and Stephen Hritz have 1ubmitted a Licen1e Agreement to the City of Englewood for the construction of a footbridge crouing the City Ditch over the City of Englewood '• right-of-way located approximately at Weit Euclid and South Prince Street in the Parkview Subdiviaion; and WHEREAS, Susan and Stephen Hritz uaume full and atrict liability for any and an ' damage• of every nature to person or property in connection with the footbridge crossing the City Ditch over the City of Englewood·• right,.ot"-way; and WHEREAS , the City reserves the right to make full uae of the property necesury in the operation of the City; and WHEREAS, the City retains all rights to operate, maintain, inatall, repair, remove or relocate any of it's facilities located within the City's right-of-way; and WHEREAS, the Englewood Water and Sewer Board reviewed Su■an and Stephen Hritz'• Licenae Agreement at their November 15, 1994 meeting and recommend approval by City Council of the License Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : &l:tilm.l. The City Council of the City of Englewood , Colorado hereby authorizes the License Agreement between Susan and Stephen Hritz and the City of Englewood for the construction of a footbridge crossing tl,e City Ditch over the City of Englewood'• right-of- way . The License Agreement is ~ct.ached hereto as "Exhibit A". ~-The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said License Ag,-oe ment for and on behalf of the City Council and the City of Englewood, Colorado. Introduced , read in full, and passed on first reading on the 5th day of December, 1994 . -1 - 14h Publillied u a Bill for an Ordinance on the 8th day of December, 1994. Read by title and paaoed on final TMdinl on the 19th day of December, 1994. Publish ed by title as Ordinance No . rJ.. Serie■ of 1~, on the 22nd day of December, 1994 . ~d/M Lo u cnshia A. Ellis, City Clerk I, Loucrishia A Elli s, City Clerk of the City of Englewood, Colorado, hereby ce rtify that the , ' we and foregoing is a true COPJ,,Pf the Ordinance passed on final reading and ,~,~"'"' ,ru," Q,d;o~• N, . .._ s,n., .,... ~tf_ 16 Loucriahia A Ellis -2- • • • • • • EXHIBIT A LIC!!NSE AGREEMENT THIS AGREEMENT, aade and ent9red into as of the day of-,--,----,,-----:=--==,.....,=-===' ~1~9:::::==~==-· by and between the CITY OF ENGLEWOOD , a municipal corporation of Colorado, hereinafter referred to as •city• and Sv,l"-~ S~fiv.,,,.. H('~-z. hereinafter referred to as "Licensee," ~ITNESSETH: The City without any warranty of its title or interestwhatsoever, hereby authorizes Licensee, its successor, assigns, to install a __ fl=r~:e..._,r,r--------- over the City's rights-of-way for the City Ditch, described as a parcel of land situi;,ted in the c.,~'J ~ L,~~l -dtS'l,-. County of Arapahoe, State of Colorado and lying within the following described lines: The above-described parcel contains ...... '(~~'--(~~-l_~~,-""_0 _._:l!~j'-_ acres, more or less . l. Any construction contemplated or i;:'l!rformed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City ;md such construction shall be perfor111ed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the constr,1ction of, or any repair~ aade to, Licensee's ~---,---,--soit the City may, in its discretion, inspect such operations . • • • 3. Within thirty (30) day• from the date of th• co1111enceaent ot construction ot •aid Br ,dc;t the Lic•n••e sl,all coaplete •ucli con•tructl , place and aaint.ain peraanent, vi•ible markers, of a type and at such locations as designated by the City's Director of Utiliti••• referring to th• centerline of the installation and •hall clear the cros•ing area o! all construction aebris and restore the area to it• previous condition as near a• may be rea•onable. In the event the placing ot the centerline markers and the clearing and restoration of the creasing area is not completed within the time specified, the City may complete the work at the sole expense ot the Licensee. 4 . The City shall have the right to aaintair .nstall, repair, remove ar reloc::tte the city Ditch or .. ny other ot i ts f~c i lilties or inst a llations with i n the City•• rights- of-way, at any time and in such manner as the City deems necessary or convenient. The City res erves the exclusive right to contr ol all eas-ents and installations. In the e vent the 13 r . .I::,:.. sh..:'11 •: interfere with any future use of"the City's rights-of-wa}" by the City, the Licensee shall, upon request and at its sol,1 expense, r elocate, rearrange, or ruove its installationu so as not to interfer e with any such use. 5. Any repair or replacement o! any City installation made necessary, i n the opinion of the City's Di rector of Utilities because of the construction of the rd'-- or other appurtenant lftstallat ion thereof, shall be made at the sole expense of the .Lic ensee . 6. The st!pulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis . 7. The rights and privileges granted in this Licen•a shall be subject to prior agreements, licenses ftnd/or grants, recorded or unrecorded , and it shall be the Li censee's sole responsibililty to determine the existenc~ of said documents or con f licting uses or inst allations. 8 . The Licensee shall contact and fu l ly cooperate with the City's personnel a nd the construction shall be completed without interference with any lawful, usual or ordinary flow of water through t he City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm water s, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to excee d s i x (6) i nches loose measure to a compaction of ninety par cant (901) standard Proctor Maxi■WII Density. 10. Licanaaa, by accaptanca of thia licanaa, axpraaaly aas'UJl8a full and atrict liability for any and all dulagaa of every nature to person or property caused by water froa the ditch leaking through th• ditch banlta or pipeline at tha point or point• whara the Lic•n••• parforiu any work in conn~ction with the croaaing provided by thi• license. The Lican•~~ aaaW11aa all raapon•ibility for aaintananca of tha installation. 11 . Licensee shall indemnify and save harmlesa the city, its officers asnd employees, against any and all claims, daaagea, actiona or cauaaa of action and axpansaa to which it or they aay ba aubjectad by raaaon of aaid [3 ,,c(_~ being within and across the prea7es of the City or by reason of any work done or oaisaion aade by Licanaaa, its agents or employees, in connection with the conatruction, raplaceaent, llllintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City aay, at its option, have specific performance thereof, or sue for damages resulting from such breach. • J.3 . Upon abandonment of any right or privilege herein • granted , the right of Li-,ansee to that extent shall terminate, but its obligation to indemnify 11.ad save harmless the city, its officers and employees, shall not terminate in any event . In granting the above authorization, the City raserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant ~nd system under the control of the City. IN WITNESS WHF.REOF, thi s instrument has been executed as of the day and year first above written. APPROVED: St ewart Fonda Director of Utilities APPROVED AS TO FORM: CITY OF ENGLEWOOD, Mayor LICENSEE : ~' • • Date December(;, 1994 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 14 C Subject UcenH Agreement from Susan & Stephen Hritz for Crossing the City Oitch I STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION • The Water and S-Board . at their November 15, 1994 meeting , recommended Council approval of the License Agreement with Susan and Stephen Hriiz for crossing the City Ditch . • BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIAED The License Agreement is for Susan and Stephen Hritz to cross the City Ditch , located on their property at approximately West Eudid and S. Prince St in the Parl<view Subdivision , with a footbridge . The Licensee expressly assumes full and strict liability for any and an damages of every nature to person or property cauHd by the point or points where the LicenSff performs any wor!( in connection with the crossing provided by the Ucensllll. The City res erves the right to make full use of the property necessary in the operation of the City . The City retains all rights to operate, ma inta in, install , repair. remove or relocate any of it's facilities located within the City's rig h1~11-way. FINANCIAL IMPACT Nona . UST OF ATTACHMENTS LicenH Agntement between the City of Englewood and Susan and Stephen Hritz.