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HomeMy WebLinkAbout1997 Ordinance No. 056I"'• t ORDINANCE NO . :i? SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 58 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT TO CROSS THE CITY DITCH WITH A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN THE U .S . WEST COMMUNICATIONS , INC . (U.S . WEST) AND THE CITY OF ENGLEWOOD , COLORADO. WHEREAS , the U .S. West wishes to install a telecommunication cable in conduit under and along the City of Englewood's Right-of-Way for the City Ditch; and WHEREAS , the cable crossing is to be installed in underground conduit and at a depth and horizontal separation to maintain clearance from the City Ditch pipe, as required by the Englewood Utilities Department; and WHEREAS , the cable installation crossing is proposed at a section of the City Ditch located at Prince and Ridge Road, southwest of the intersection, in the northeast corner of the adjacent park; and WHEREAS, U.S . West assumes full and strict liability for any and all damages of every nature to persons or property caused by or in connection with the crossing installation by U. S. West; and WHEREAS, the City reserves the right to make full use of the property in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or relocate any of the City's facilities located within the City's Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the License Agreement at their June 10 , 1997 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The License Agreement between the U . S . West Communications, Inc . and the City of Englewood , Colorado for crossing the City Ditch with a telecommunication cable in conduit, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 7th day of July, 1997 . -1- 10 b ii Published as a Bill for an Ordinance on the 10th day of July, 1997 . Read by title and passed on final reading on the 21st day of July, 1997. Published by title as Ordinance No .~, Series of 1997, on the 24th day of July, 1997. I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy: of the Ordinance passed on final reading and published by title as Ordinance No~, Series of 1997. ~~,~- -2- I .... : LICENSE AGREEMENT Rfw---- L1 rr/..ET!J,.; {PZ.ZK~9B THIS AGREEMENT, made and entered into as of the day of , 19 , ~b-y __ a_n~d_,....b-e~tween the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and U S WEST Communications, Inc. , hereinafter referred to as "Licensee," --- WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a telecommunication cable under the City's rights-of-way for the City Ditch, described as a parcel of land situated in the Soutlieast Q.uarter of Section 20 , Township 5 South Range 68 iilest of the 6th ----~-,,...--..,.-----,-~ P.M., County of Arapahoe, State of Colorado and lying within the following described lines: See Exhibit att ached hereto and ma.de a part hereof by this reference-:- The above-described parcel contains af/rlrit.£1 N.<it~ /di I i.#.i~i 251 square feet, more or less. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed 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 construction of, or any repairs made to, Licensee's improvements so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said I! x ... I B I T A telecommunication cable the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililties or installations within the City's rights- of-way, at any time and in such manner as the ~ity deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the t e l ecommunication cable should interfere with any future use of the city's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the t elecommunication ca ble or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation 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 License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, 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 exceed six {6) inches loose measure to a compaction of ninety per cent {90%) Standard Proctor Maximum Density. ... ,, 1 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the cross i ng provided by this license. The Licensee assumes all responsibility for maint enance of the installation. 11. Licensee shall indemnify and save harmless the City , its officers asnd employees, against any and all claims, damages, actions or causes of action and expenses to wh i ch it or they .may be subjected by reason of said improvements being within and across and under the premises of the Ci ty or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance 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 may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 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 under the control of the City. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. ATTEST: CITY OF ENGLEWOOD, City Clerk Mayor APPROVED AS TO FORM: LICAGM6 SE 1 4 SECTION 20, TOWN~Hlr-' :J :::>UU I ri, r\f-\l~VC:.. uw 11 1...._, I ...., ... ' ' ~\ ' \ ~\ \ \ ~ \ \ 00() Olrectlonat Bore l E3 BOUNDARY ENGlEVIOOO QTY DITCH PROPERTY ~ UC[NSE GRANm> ~ O~ UllJTY UNE ~ UTILITY POLE ----ARAPAHOE COUNTY ---- w;' I ~ I c «->.&I =: er 0 l ~ a. ' .ear Ar.es ::> ..,: / Tract r u «> = ,., I .g ,., ci. ~ I • o I i~ BU< 2 • -I ~-i-r----------! I 20· Wide Public Utii iS / Emement (BocK l384. Pa I I I I E 1/4 eor Sec 20 3-1/4• Alum. C4p In Range Box Stamped •1993 PlS 11ee9· I t.ot ,,, -r------ 1 624) ~ ENGLEWOOD CITY DITCH Ground Line I I SE Cu Sec 20 .3-l / o4 • Alum. Cap In Ranqe Box Stamped •1995 PLS 25.:384• PROFILE NO SCALE CITY OF ENGLEWOOD T 1 OF 2 SHEETS 87888.0WG ' i 4 SECTION 20 , TOWNSHIP 5 SOUTH, RANGE 68 WEST 6th P M. ----ARAPAHOE COUNTY ---- A LICENSE TO BE GRANTED TO CONS1RUCT, OPERATE, MAINTAIN, REPAIR ANO REPLACE TELECCl.4MUNICATI~S LINES AND/OR EQUIPMENT OVER AND ACROSS THE ENGl£M)Q() CITY DITCH SITIJAIDJ IN THE SOUTHEAST QUARTER OF SECTION 20, TO~SHIP 5 SOOTH, RANGE 68 't\£ST OF THE SIXTH PRINCIPAL MERIDIAN, COUN'TY OF ARAPAHOE, STATE OF COLORADO , ALONG THE FOLLOWING DESCRIBED CENTERLINE: THE BASIS OF BEARING OF' THIS DESCRIPTION IS N00°01'20'"E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20 BETI'EEN A 3-1/4• ALUMINUM CAP IN A RANGE BOX STAMPED •1995 PLS 25384• AT THE SOUTHEAST CORNER OF SAID SECTION 20 TO A 3-1/4• ALUMINUM CAP IN A RANGE BOX STAMPED •1993 PLS 17669• AT THE EAST QUARTER CORNER OF SAID SECTION 20. COMMENCING AT A 3-1/4• ALUMINUM CAf' IN A RANGE BOX STAMPED •1995 PLS 25384• AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE N39°04'35•w A DISTANCE OF 1655.61 FEET TO A POINT ON A SOUTH\\f:STERL Y LINE OF THE cm OF ENGLEWOOD DITCH ; SAID POINT BEING THE POINT OF BEGINNING; THENCE N42°05'16'"E A DISTANCE OF 25.01 FEET TO A POINT ON A NORIHEASTERL Y LINE Of SAID ENGLEWOOD CITY DITCH ; SAID POINT BEING THE POINT OF TERMINUS; SAID POINT BEARS N38°13'23·w A DISTANCE OF 1659.64 FEET FROM A 3-1/4. ALUMINUM CAP IN A RANGE BOX STAMPED •1995 PLS 25384• AT THE SOUTHEAST CORNER Of' SAID SECTION 20 . L THE UNDERSIGNED, A REGISTERED LANO SURVEYOR IN THE STATE CF CCl.ORAOO , DO HEREBY STATE THAT THIS DESCRIPTION ANO ACCOMPANYING EXHIBIT ~E PREPARED BY ME, OR UNDER MY SUPERVISION, ANO ARE TRUE ANO ACCURATE TO THE BEST OF ~y KNOWLEDGE . r BOUNDARY ENGLEWOOD CITY DITCH PROPERTY ~ LICENSE GRANTED ~ O'v£RHEAO UTILITY UNE ~ UTILITY POl.£ S-8-'\ Cl TY OF ENGLEWOOD 67688.0WC e . Date July 7, 1997 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a vi Subject City Ditch License Agreement with US West Communications STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their June 10, 1997 meeting, recommended Council approval by Ordinance of the License Agreement with U.S. West Communications, Inc. for crossing the City Ditch with a telecommunication cable in conduit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for U.S. West Communications, Inc. to install a telecommunication cable in conduit under and along the City's right-of-way for the City Ditch. The cable crossing is to be installed in underground conduit and at a depth and horizontal separation to maintain clearance from the City Ditch pipe , as required by the Utilities Department. The cable installation crossing is proposed at a section of the City Ditch located at Prince and Ridge Road, southwest of the intersection, in the northwest comer of the adjacent park. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee . The City reserves the right to make full use of the property necessary in the operation of the City Ditch. The City retains all rights to operate, maintain, install, repair, remove or relocated any of its' facilities located within the City's right-of-way. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance License Agreement between the City of Englewood and U.S. West Communications, Inc.