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HomeMy WebLinkAbout1994 Resolution No. 022RESOLUTION NO . .,zz__ S'ERIES OF 1994 A RESOLUTION APPROVING A LICEt/SE AGREEMENT BETWEEN THE PUBLIC SERVICE COMPANY OF COLORADO AND THE CITY OF ENGLEWOOD FOR A GAS PIPE LINE WHICH CROSSES THE CITY DITCH . WHEREAS, Public Service Company submitted a License Aj:reement to croaa under the City Ditch at Wolhurat Landing near West Davies Drive with a preuurized pa line; and WHEREAS, the Public Service Company Hpre11ly u1um11 full and atrict liability for any and all damapa of every nature to person or property caused by water from the City di tch leaking through the ditch banks or pipeline at the point or pointa where Public Service pei forms any work in connection with the crossing provided by the License Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-'I he City Council u, u,> City of Englewood, Colorado hereby approved the License Agreement between th e Public Service Company of Colorado and the City of Englewood for a gu line which crosses the City Ditch . The License Ag, ement generally contains aa follows : A. Any construdon contemplated or pe rformed under this License shall comply with and conform to standards formulated by t.'ie Director of Utilities of the City and such construction shall be performed and compl eted according to the plans, con1i1tin1 of one aheet. B. Public Service •hall notify the City'• Director of Utilities at leart 3 days pr.or to the time of commencement of the construction of, or any repairs made to, Public Service's gas line so that the City may, in its discretion , inspect such operation 1 . C. Within 30 daya from the date of the comm encement of constnlction of the gas line Public Service shall complete such construction, place and maintain permanent, visible markers, pf a type and at such locations u designated by the City'• Dirtctor of Utilities, r eferring to the centerline of the inatallation and shall cleer the crossing erea of aJI construction debris and restore the area to its previous .:ondition as near aa may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the orouing area is not completed within the time apecified, the City may complete the work at the sole expense of Publi c Service. D. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City'• rights- of-way , at any time and in such manner aa the City deems necessary or con enienl The City reserves the exr.Jusive ri ght to control all o,aements and installations. In the event the gas line 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 inata11ation s 10 es not to interfere with any such use. E. Aily repair or replacement of any City installation '.Dade n-sary, in the opinion of the Ci ty's Director of Utilit.ies beceuse of the construction of the ps lifl e or other appurtenant installation thert of, shall be made at the sol. expense of Public Service. F . The 11.ipulation and condition• of the License shall be incorporat.ed into oontract 1pecificotions if the construction herein authorized i1 to be done a contract bui1. G. The rights and privile6es ;:ranted in the License shall be subject to prior ae,eementa, licen se, and/or e,anta, recorded "' unrecorded, and it shall be Public Service'• aole reapc:n1ibility to determine the ui,tence of laid documenta or conflicting uaea or in1taJlation11 . H. The Licensee shall contact and fully cooperate with the City'• peraonnel and the construction shall be oomplet.ed without interference with any lawful, usw,I or ordinary flow of water througb the City Diteh. Licensee shall usumo all ri1ka incid ent to the possible pre sence of such wat-era , or of storm waters, or of aurface waters in the City Diteh . I. All trenches or holes within the C'ity 's rights-of-way 1h11.! ~ backfi lled and tamped to the original ground line in layers not to exceod 6" loose measure to a compaction of 90% Standard Proctor Maximum Density. J. Public Service, by acceptance of the License, expreuly assumes full and st rict liability for any and all damages of every nature to peraon or property ceused by water from the diteh leaking through the diteh bar.ks or pipeline at the point or points where Public Service perfo rms any work i11 connection with the crosaing provided by the License. The Licensee a11,umes all responsibility for maintenance of the installation. K. Public Service shall indemnify and save harmlesa the City, its officen and employees , against any and all claims, damages, act:'>ns or causea or action and expenses to which it or they may be subjected by reason of &aid gas line being within and acrou and under the premises of the City or by reason of any ¥:ork done or omission made by Public Service, ill agents or employees, in connecti"1n wi th the construction , replacement, maintenance or repair of said installati on . L. It is expressly agreed that in case of Public Service'• breach of any of the within promises , the City may, at its option, have 1p..cific performance thereof, or sue for d arr.sges resulting from such breach. M. Upon abandonment of any right or privilege herein granted, the right of Public Service to that extent shall terminate, but its obligation to indemnify and save h arml ess th e City, its officers and employees, shell not terminate in any evenl .. In eranti111 the above authoriution, the City reserve ■ the right to make full u1e of the property involved u mny be nece11ary or convenient in the operation of the water work• plant and 1y1tem under the control of the City. ADOPTED AND APPROVED this 7th day of February, 1~; I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby cerl.ify the above is a true copy of Resolution No..J:!:-serie1 of 1994 . • c;J-,1 . . .// It· '<.2tUl1c t,,,__ L,-:~c t t'--(( ,...- Patricia H. Crow LICENSE AGREEMENT THIS AGRE'::MENT, made antl entered into as ot the _____ day ot ______________ , 19 _____ _ by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereina!ter referred to as "City 11 and Pub 1 i c Service Co mpany of Co 1 orado hereinafter referred to as 11 L1.censee ,11 WITNESSETH: The City without any warranty of its title or interest wha~soever, hereb/ authorizes Licensee , its s ucc essor , assigns, to insta:l a --=.-...,...--~o~as=,-l~i~n~e,_---,----,..,.--=-,-e--=-,--,--,--.,---under t he City's rights -of-way for the city Ditch, describe1 as a pa r.:::e : of land situated in the ---· of Sec tion _______ , Township ---------- Range _______________ of the P.M., county of Arapahoe , State of Colorado and lying within the following described lines: See attached. The above-described parcel contains ~cres, more or less. 1. Any construction contemplated or performed under th License shall comply with and conform t o standards formulated by the Director of Utilities of the City an~ ~uch construction shall be performed and comp leted according to th e plans , consisting of one sheet, a copy of which is attached hereto and made a part hereot . 2. The Licensee shall notify t he City's Director of Ut ilities at least three (3) days prior to t he time of commencement of the con s tru ction of, OI any repairs made to, Licensee's as 1 i --~ so that the City may, in its discretion, inspect such operatior.s . 3. Within thirty (30) days from the date of the commencement of construction of sa id -,---,-,----,---,-----,----,--~.----,----the Licensee shall ·r.omplete s u ch construction, place and ma i ntain permanent, visible markers, of a type and at such locations as designated by the City's Director ct Utilities, referring to the centerline of the instal lation and shall clear the crossi ng araa of all construction debris and restore the area to i ts previous condition as near as may be reasonable . In the event the placing ~t the canterline markars and the clear i ng and re~toration of the crossing area is not completed with in the t im e specif ied, the City may complete the wor k at the sole expensa of the Licensee . 4. The City shal ) have the right to mai n tai n, i nsta ll, re pair, remove or :elocata the City Ditch or any other of its facili lti es or insta llat i ons within the City 's rights- ot-way, at an y t i 1ue and in such manner as the <;:ity deems nece ssa ry or conveni e n t . The Ci ty rese rves the e xc lusiv e rig ht to control a l l easements and installations. In the e ve nt the gas j jn e should interfere with any f u ture use o f the City's rights-of-way by the City , the Licensee s hall, up on request and at its sole expense , relocate, rearrange, or remove its insta llation s s o as not to inte rfere with any such use . 5. An y repair or r e placemen t of any City installation made nece ssary, in the opin ion of the City's Director o f Utilities because of the construction o f the oa l in or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The st i pulation and conditions of this License shall be incorporated into contract specifications if the c onstruct ion herei n authorized is to be done a contract basis. 7. The rights and privileges granted in this License shall be subject ~o prior agreements , licenses and/or grants, rP -:ord ed 6.r unrecorded , and it shall be the Licensee's sole r,·•1->onsibililty to determine the existence of said docnm ents or conflicting uses or ins tal lations . a . The Licensee sha ll contac.t a nd full y cooperate wi l.h the City 's personne l and the construction s hall be completed wi thout interference with any lawful, usual or ordinary flow of water through t he City Ditch. Licensee !Jhal•l assume all risks incident to the possible presence of such waters, or of storm wa te r s , or of surface waters i n the City Di tch . 9. All trenches or ho l es with i n the City's rights-of-way shal l be ba c kfilled and tamped to the origi nal ground line in l ayers not to e xceed six (6) inches loose measure t o a compaction of n inety per cent (90i) Standard Proctor Maxim um Density. 10 . Li censee, by acceptance of this license , axpraaaly , . sumas tull and strict liability fo1· any and all damages ct • a ry nature to person or property caused by water from .the ditch leaking through the ditch banks or pipeline at the point or points wher e the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility tor maintenance of the installation. 11. Licensee shall indemnify and save harmless tha City, its officers as nd e mp l oyees , against any and all claims, damages, a ctions or causes of action and expenses to which it or they may be subjected by reason of said as 1 ine bei~g within and across and under the premises of the city or by reason ot any work done or omiss i on made by Licensee, its agents or e mp loyees, in ct,nnection with the construction, replacement, ma ir. ..... enance or repair of said installation. 12 . It is expressly agreed that in case ot Licensee's breach of any of the within promises, the Ci ty may, at its option, have specific perform ance thereof, or sue for damages resulting from such breach. lJ. Upon aba.ndo nment of any right or privilege herein granted, the right of Licensee to t t,..i t extent shall terminate, but its obligation to indemnify and ■ave harmless t h e City, its officers and employees , shall not terminate in any e v ent . I n granting the above authorization, the City reserves the right to ma k e full use of the property involverl as may be necessary or convenient in the operation ct the water works plant and system under the control of the City. IN WITNESS WHEREOF, this i nstrument has been executed as of the day and year first above wri tten . ATTEST: CITY OF ENGLEWOOD, City Clerk Mayor APPRO VED AS TO FORM : LICENSEE: !(I gc411fk-:..: I.ICAGM6 Date February 7, 1994. INTTIA TED BY STAFF SOURCE COUNCIL GOAL I COUNCIL COMMUNICATION Agenda Item 11 C Water and Sewer Board Subject License Agreement for Public Service Co. Stewart Fonda, Director of Utilities /A IS.5UE/ ACTION PROPOSED Staff seeks Council approY~ of a resolution authorizing a License Agreement with the Public Service Company for crossing the City Ditch . PREVIOUS COUNCll. ACTION one . BACKGROUND The License Agreement is for a pipeline that crosses the City Ditch at Wolhurst Landing near W . Davi es.Dr. The Licensee 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 potnts where the Licensee performs any work in connection with the crossing provided by the license . STAFF ANALYSIS Public Service Company submitted a License Agreement to &oss under the City Ditch with a pressurized ga s line . The City reserves the right to make full use of the property necessary in the opera tion of the City . Th e City retains all right to operate, maintain, install , repai r, re move or reloca te any of its fa cil ities located within the City 's property .