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HomeMy WebLinkAbout1994 Ordinance No. 071• • • ORDINANCE N0.11 SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO . 73 INTRODUCED BY COUNCIL MEMBER HATHAWA'l AN ORDINANCE AUTHO RIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN THE CITY OF LIITLETON, COLORADO AND THE CITY OF ENGLEWOOD , COLORADO TO INSTALL A STORM SEWER UNDER THE CITY OF ENGLEWOOD'S RIGHT-OF -WAY FOR THE CITY DITCH. WHEREAS, the City ofLittlet.on has submitted a Lic,noe Agreem ent to install a 24 " corrugated metal storm sewer under tho City of Englewood's right-of-way for the City Ditch located in Littleton's Ridgewood Park, Mar the Prince Street Estates Subdivision, located West of Prince and South of Ridge Road ; and WHEREAS, the City of LitUet.on &Humes liability for any and all damag,,s of eve r, nature to person or property in connection with the c:ro.;i ng provided by Littleton; and WHEREAS, the City of Englewood reserve• the right to make full uoe of the prnperty nece s sary in the operation of the City of Englewood ; and WHEREAS, the City of Englewood retains all right t.o operate, maintain, install, repair, remove or relocate any of its facilities located within the City"s property; and WHEREAS, the Englewood Water and Sewer Board rO\;ewed this License Agreement at their November 15 , 1994 meeting and recommend. approval by the Englewood City Council ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLO RADO , AS FOLLOWS : S:t:d.ilm..l , The City Council of the City of Englewood , Colorado ""reby authorizes the Intergovernmental License Agreement between the City of LitU, ,n, Colorado and the C.,J' of Englewood in order that th e City of LitUeton may instaJI a storm sewer under the City o,' Englewood's Right-of-Way for the City Ditch . The License Agreement is attached hereto as "Exhibit A". ~-The Mayor and City Cierk are hereby authorized to sign and attest, respectively, the said Lic ense Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, r ead in fuli, and passed on fir st re e d:ng on the 5th day of December, 1994 . -1 - 14 k Publiohed u a Jlill for an Ordinance on the 8th day of December, 1994. Read by title and p,,11,d on final reading on the 19th day of December, 1994 . Publi1hed by title as Ordinan« No . 'ZL , Serie• of 1994, on the 22nd day of December, 1994. I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paued on final reading and published by title as Ordinance No . .2J.... Series of 1994. ~Iii, Loucri,hia A Ellis -2- • • • • • EX .. !II'Bl't A_ __ UCENSE AGREEMENT nns AGREEMENT is made and entered into as of the _____ day of _ ______ , 1994, by and between the CITY OF ENGLEWOOD, a municipal ,~, co!J>Oration of Colorado, hereinafter referred to :is 'City" and the CITY OF I.JTil.ETON, hereinafter referred to as "licensee•. WlTNESSETii: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor and assigns, to install a 24 " corrugated metal stonn sewe r under the City's rights-of-way for the City Ditch, described as follows : A parcel of land situated in the southeast quarter southeast quarter (SE 1/4 SE 1/4) of Section Twenty (20), Township rIVC (5) South , Range Sixty-eight (68) West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, as shown on the attached drawing. l. Toe size of the storm sewer will l,c twenty-four inches, as sbown on the attached location drawing. 2. Any construction contemplated or performed under this License shall comply with and conform to standards and specifications formulated by the Director of Utilities of the City and such construction shall be · performed and completed according to the approved plans and specifications . 3. Toe Licensee shall no tify the City's Director of Utilities at leas t three (3) days prior to th e time of commencement of the constru cti on of, or any repairs made to Licensee 's storm sewer, so th at the City may, in its discre ti on, ins pect sucli operations. 4. Within thirty (30) days' from the date of the comme ncement of construction or any repairs to said storm sewer the Licensee shall complete such construction, and sball cl,:ar the area of all construction debris and restore th e •rca to its previous condition as near as may be reasonable . 1n the event the clearing and restoration of the area is not compkt,id within the time specified, the City may complete the work at the sole expense of the Licensee . 5. Toe City shall have the righ t to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's righ t,s-of-way, at any time and in such manner as tac City deems necessary or convenient Th~ City reserves the exclusive right to control all easements and installations . In the event the storm sewer should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its so ic expense , relocate , rearrange, or remove its installations so as not to interfere with any such use . 6. Any repair or replacement of any City installation made reasonably necessary, in the opinion of the City's Director of Utilities because of the construction of the storm sewe r and • other appurtenant installation thereof, shall be made at the sole expense of the Ucensee. 7. The stipulation and conditions of this Ucense shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis . 8. The rights and privile ges granted in this Ucense shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Ucensee's sole responsibili ty to determine the existence of said documents or conflicting uses or insl&llations . 9. The Licensee shall contact and fully cooperate with the City's Ditch operation and maintenance peri.onoel and the construction shall be completed without interference with any lawful, usual vr ordinary flow of water through the City Ditch. Ucensee shall assume all risks to itself incident to the possible presence of such waters, or of storm waters, or of surface water in th e City Ditch or on the City Ditch rights-of-way . 10. Licensee, within its legal ability to do so under the Constitution of the State of Colorado and without in any way or manner intending to waive or waiving the defenses of limitations on damages provided for under and pursuant to the Colorado Governmental Immuni ty Act (Sec. 24-10-101, eL seq . c.RS.), shall indemnify and save harmless the City, its office rs and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may he subjected by re ason of any work done or omission • made by Licensee, its agents or emp loyees, in connection with the replacement, maintenance or repair of said installation . 11. It is expressly agreed that in case of Ucensee 's breach of any of the within promises, the City may, at its option, have a specific performance thereof, cir sue for damages resulting from such breach . U . Upon abandonment of any right or privil ege here in granted , the righ t of Licensee to that extent shall terminate. 13 . Licensee is expressly forb idden from constructing permanent structures or buildings on th e City Ditch ri ghts-of-way, except as provided herein. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system unde r the control of th e City. -2-• • • • IN WinffiSS WHEREOF, this imtN-1 bu been aeaitad u of the day and year tint above wriucn. APPROVED : SteW,1n Fonda Dire<:tor of Utilities APPROVED AS TO FORM: City Attorney OTY OF ENGLEWOOD Mayor LICENSEE : ~~r~•,/k-htof City Council -3- Date Oecamber 5. 1994 INITIATED BY Utilitias Department COUNCIL COMMUNICATION Agenda Item 14 b Subject City Ditch Ucen .. Agl'Hfflent with the City of Uttleton I STAFF SOURCE StlWlrt H. Fonda , Director of Utirltiea COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their November 15 , 1994 mHting, recommended Council approval of • the License Agreement with the City of Littie!0,1 for crossing the City Ditch . BACKGROUND , ANALYSIS , ANO ALTERNATIVES IDENTIFIED The License AgrHment is for the City of Littleton ID install a 24• COIT\JQated metal stonn -r under the City 's right-of-way for the City Ditch . The pipe installation is for a section of the City Ditch located in Littleton 's Ridgewood Park, near the Prince S!Jfft Estates Subdivision , located west of Prince and south of Ridge Road . The Licensee expressly assumes full and strid liability for any and all damages of every nature to person or property caused by the point or points where the Uc:ansee perfonna any work in connection with the crossing provided by the Licensee . The City reserves the right to maY,e full use of the property recessary in the operation of the City . The City retains all rights to operate , maintain , install , repair, remove or relocated any of its' faci lities located with in the City's right-of-way . FINANCIAL IMPACT None . UST OF ATTACHMENTS •· Ucense Agreement between the City of Engl8WO<ld and the City of Littleton .