HomeMy WebLinkAbout1994-11-15 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
NOVEMBER 15, 1994
5:00 p.m.
Conference Room A
MINUTES OF THE OCTOBER 11, 1994
WATER AND SEWER BOARD MEETING. (ATT. 1)
GUEST -DAVID HILL.
TOLL ROAD TICKET FROM MEXICO. (ATT. 2)
CHERRY HILLS VILLAGE SUPPLEMENT #1
THE PRESERVE. (ATT. 3)
LETTER FROM DEPT. OF HEALTH DATED 10-14-94.
(ATT. 4)
LICENSE AGREEMENT FROM THE CITY OF LITTLETON.
(ATT. 5) .
MISC. EXPENSES BEING ADDED TO QUARTERLY
WATER BILLS. (CURB STOP REPAIRS, ETC.)
LETTER RE: DENNIS SCHUM. (ATT. 6)
9. ARTICLE RE: CITY DTICH FROM LITTLETON SENTINEL.
(ATT. 7)
10. LICENSE AGREEMENT FROM HRITZ FOR CROSSING
CITY DITCH . (ATT. 8)
11. WATER & SEWER BOARD CHRISTMAS DINNER.
12. OTHER.
AT 7.
WATER AND SEWER BOARD
MINUTES
OCTOBER 11, 1994
The meeting was called to order at 5:03 p.m.
Chairman Fullerton declared a quorum present.
Members present :
Members absent:
Also present:
Habenicht, Fullerton, Neumann,
Otis, Resley, Vobejda, Wiggins
Lay, Gulley
Stewart Fonda, Di rector of
Utilities
1. MINUTES OF THE SEPTEMBER 20, 1994 MEETING.
The Englewood Water and Sewer Board minutes from the ffiHJl:ts-t
~ 13, 1991 meeting were approved as written.
Mr. Vobejda moved;
Mr. Fullerton seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the September 20,
1994 meeting minutes as
written.
Habenicht, Fullerton, Neumann,
Otis, Resley, Vobejda, Wiggins
None
Lay, Gulley
~· z.o,
117'-/
2. CEDAR MOUNTAIN FIRE/WATER EMERGENCY.
Stu discussed the Cedar Mountain fire and resulting water
supply problems. Possible improvements and recommendations
from the operators were discussed. An emergency response
manual is being drafted for ready referral during
emergencies.
Gulley entered at 5:10 p.m.
3. AURORA UTILITY RATE SURVEY.
The Board received a copy of the 1994 City of Aurora survey
assessing the residential water and sewer monthly fees. It
was noted that Englewood had the lowest monthly fees. The
Board discussed a proposed water rate increase in 1995 due
to increasing operation and maintenance costs.
4. WATER QUALITY.
Stu discussed water treatment options available and costs
involved. The flocculation/sedimentation process and
reverse osmosis was explained to the Board. Stu will
continue to investigate various water treatment options.
5. NOVEMBER COUNCIL MEETING.
The Board recommended that because many City Council members
are on the Water and Sewer Board, and in lieu of meeting
with Council in November, that Council be invited to the
Water Board Christmas dinner in December. All concurred.
6. CENTENNIAL RULING.
Stu reviewed the ruling in favor of Englewood from Judge
Post regarding the condemnation case which Centennial
brought against Englewood.
7. CRYPTOSPORIDIUM.
Neil raised the issue of cryptosporidium testing in
Englewood. Stu outlined measures being taken to prevent a
cryptosporidium outbreak and the current and future testing
schedule.
The meeting adjourned at 5:50 p.m.
The next Water and Sewer Board meeting will be 5:00 p.m. on
November 8, 1994.
Respectfully submitted,
Cathy Burrage
Recording Secretary
A II. 2
GOBIERNO DEL ESTADO DE QUINTANA ROO
A_ COMISION DE AGUA POTABLE Y ALCANTARILLADO A_
~ ORGANISMO OPERADOR COZUMEL ~
1e-ENTRADA GENERAL N 3.00 ...
69545 Entrada-Optn de 8 A.M. a-ta 16 P .M.
SaDda-Oostd . P.M.
I -"'-
Fecha ............. <;;:..:..2._~:.~ .. -•-
CU OTA DE ENTRADA PARA MANTENIMIE~TO DEL CAMINO
DE ACCESO A RUINAS DE SAN GERVASIO .
NO CORRA, EVITE ACCIDENTES i GRACIAS !
A/T. 3
SUPPLEMENT NO. TO CONNECTOR'S AGREEMENT
TBIS AGREEMENT, made and entered into by and between the CITY
OF ENGLEWOOD , acting by and through its duly authorized Mayor and
City Clerk , hereinafter called the "City" and Cherry Bills
Sanitation District, Arapahoe County, Colorado , hereinafter called
the "District,"
WITNESSETB :
WHEREAS , on the 2nd day of "'June, 1975, the City and the
District entered into an Agreement in which the City agreed to
treat sewage originating from the .District 's sanitary sewer system
wit hi n the area served by the District; and
WHEREAS, said Connector's Agreement provides that the District
may not enlarge i t s service area without written consent of the
City ;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings here i n set forth, the parties agree as follows :
1. The City hereby consents to the inclusion of certain
add i t ional area located in Arapahoe County, Colorado , owned by The
Preserve at Greenwood Village, (a Colorado general partnership) ,
a n d more f ul l y described on Exhibit A attached hereto and
in corpor a t ed here in b y reference, into Cherry Hi lls Sanitati on
Di s t r i c t. Th e Ci ty agrees that said additional area may be served
wi th t h e sewer fa ci lities of the District , and that the City will
treat the sewage d i scharged into the City's trunk line from said
addition al area , a l l in accordance with the Connector's Agreement
da t e d Jun e 2, 1 975. Accordingly, Exhibit A referred to in
Para gr aph 1 o f the Connector's Agreement dated June 2nd, 1975, is
he r e by a me n de d t o include such additional area.
2 . Ea ch and e v ery other provision of the said Connector's
Ag r ee me nt dated J une 2, 1975 , shall remain unchanged .
IN WITNESS WHEREOF, the parties have set their hands and seals
thi s~~ day o f , 1994.
CITY OF ENGLEWOOD
ATTEST:
CITY CLERK
(SEAL )
CHERRY BILLS SANITATION DISTRICT
... ~~ PRBSID
ATTEST:
(SEAL )
LEG~L DESCRIPTION
THE PR!:S!:RV!: AT GREENWOOD VILLAGE, (!58, 3/4 Acre Sites)
A parcel of land located in the North Half of Section 18, Township
S South, Range 67 West of the Sixth Principal Meridian, County of
Arapahoe, State of Colorado, described as follows:
Commencing at a point on the north line of the South Half of the
South Half of the Northeast Quarter of the Northeast Quarter (51/2,
Sl/2, NEl/4, NE1/4)of said Section~ being 30.00 feet west of the
east line of the Northeast Quarter of said Section 18, as measured
at right angles, said point also being on the west right-of-way
line of South Holly Street; thence S s9•43 1 ss 11 w, along said north
line, a distance of 1290.44 feet to the east line of the Northwest
Quarter of the Northeast Quarter (NW\, NE~) of said Section 18:
thence N 0·01•20 11 E, along the aforementioned east line, a distance
of 880.71 feet to the Point of Beginning being 110.00 feet south of
the north line of the Northeast Quarter of said Section 18, as
measured at right angles; thence along a curve to the right, the
tangent of which bears S O • 01' 20" w, having a c .entral angle of
36°33'00" and a radius of 285.00 feet, an arc length of 181.81 feet
to a point of tangency; thence S 36.34'20" W, a distance of 40.00
feet; thence S 23"18'13" W, a distance of 175.08 feet; thence
S 53"40'09" w, a distance of 200.00 feet; thence S 35•40•09 11 W, a
distance of 1041.00 feet to a point of non-tangent curvature on the
northerly right-of-way line of the Highline Canal as established by
deed recorded on May 25, 1883 in Book 179 at Page 563, Old Arapahoe
County Records; thence along the northerly and easterly
right-of-way lines of said Highline Canal the following thirteen
(13) courses:
1) along a curve to the left, the tangent of which bears
N 67 • 52 'OJ" W, having a central angle of 41•22 '28" and a
radius of 186.33 feet, an arc length of 134.55 feet to a point
of tangency:
2) s 70"45'29" w, a distance of 15~.66 feet to a point of
curvature;
3) along a curve to the right having a central angle of 31•49•10 11
and a radius of 548.23 feet, an arc length of 304.48 feet to
a point of tangency:
4) N 11·25•13 11 w, a distance of 196.97 feet to a point of
curvature;
S) along a curve to the right having a central angle of 39•55•54n
and a radius of 294.38 feet, an arc length of 205.16 feet to
a point of tangency:
6) N 37•29'19" w, a distance of 222.88 feet to a point of
curvature;
7.) along a curve to the right having a central angle of 6o·s1•59n
and a radius of 226.15 feet, an arc length of 240.24 feet to
a point of tangency:
8) N 23 • 22 '40" E, a distance of 218. oo feet to a point ct
curvature;
9) alonq a curve to the left havinq a central anqle ot 11•34•00"
and a radius of 256.26 feet, an arc lenqth of 320.09 feet to
a point of tangency:
10) N 48·11•20" w, a distance of 328. 52 feet to a point of
curvature:
11) alonq a curve to the left having a central angle of 49•32 1 16"
and a radius of 218.10 feet, an arc length of 188.57 feet to
a point of tangency:
12) s 82.16'24" W, a distance of 151.88 feet to a point of
curvature:
13) alonq a curve to the riqht having a central angle of 43•44•49n
and a radius of 108.60 feet, attarc length of 82.92 feet to a
non-tangent point on the west line of the Northwest Quarter of
the Northeast Quarter of the Northwest Quarter
(NWl/4,NEl/4,NWl/4) of said Section 18;
thence N 0·02 1 41" w, along the aforementioned west line, a distance
of 139.32 feet to a point being 30.00 feet south of the north line
of the Northwest Quarter of said Section 18, as measured at right
angles: thence N 99•42•34n E, parallel with the north line of said
Northwest Quarter of Section 18, a distance of 871.30 feet to the
west line of BREEZE BELLEVIEW as recorded in Plat Book 50 at Page
44 in the Arapahoe County Clerk and Recorder's Office; thence along
the west and south lines of said BREEZE BELLEVIEW the following two
(2) courses:
1) s 0·00 1 15" w, a distance of 630.64 feet;
2) N s9·42•3sn E, a distance of 455.10 feet to the east line of
that fifteen-foot access easement described in Book 379 at
Page 487 in said Arapahoe County Clerk and Recorder's Office;
thence N 0·00 1 15" E, along the east line of said access easement,
a distance of 259. 65 feet to an intersection with the westerly
extension of the south line of a parcel of land described in Book
623 at Page 164 in said Arapahoe County Clerk and Recorder's
Office; thence N a9•44•39u E, along said south line and its
extension, a distance of 386.00 feet to the southeast corner o!
said parcel described in Book 623 at Page 164; thence N 0•00 1 15" E,
along the east line of said parcel of land, a distance of 371.00
feet to a point being 30. 00 feet south of the north line of the
Northeast Quarter of said Section 18, as measured at right angles;
thence N s9•44•39n E, parallel with the north line of said
Northeast Quarter of Section 18, a distance of 934.74 feet to the
east line of the Northwest Quarter of the Northeast Quarter (NWl/4,
NEl/4) of said Section 18: thence S 0·01 1 20" W, along the
aforementioned east line, a distance of 80.00 feet to the Point of
Begilllling;
Containing 44.180 acres, more or less.
Exhibit A
Legal Description
Lot 2, Breeze Belleview, A SUl:xlivision Plat recorded in Plat Book 50,
at Page 44 of the Arapahoe County Clerk arrl Recorder's Office, County
of Arapahoe, State of Colorado.
. ···-·-··-· ------A TT. '-/
~({~
·STATE OF COLORADO
Roy Romer, Governor
Paaicia A... Nolan , MD, MPH, Exeeutive Director
Dedicated to procecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. $.
Denver, Colorado 80222-1530
Phone (303) 692-2000
Laboratory Building
4210 E. 11th Avenue
Denver, Colorado 80220-3716
(303) 691-4700
October 14, 1994
Joe Pershin
City of Englewood
3400 S. Elati Street
Englewood, co 80110-2304
RE: City of Englewood WTP
PWSID 103045, Arapahoe County
Dear Mr Pershin,
c.oloado Dcpanmcnt
of Public Health
and Environment
Your request for a relaxation to the turbidity standard has been
received and reviewe~ by this Department in accordance with the
Colorado Primary Drinking Water Regulations and Division policy.
The policy for granting the waiver stipulates the plant must have
conventional treatment. This is particularly important for the
Englewood plant because the raw water turbidity frequently exceeds
10 NTU. The state design criteria requires conventional treatment
for any plant that treats raw water with turbidity in excess of 10
NT u .
The~efore, this letter is to document the State Health Department's
denial of the request for the relaxed turbidity standard.
If you would like to meet and discuss this matter further, please
call me at (303) 692-3545.
Sincerely,
&---aA-L
Greg Akins
Drinking Water Program
Water Quality Control Division
cc: File
Heather Holmes, CDH-Drinking Water
Steve Snider, CDH-Field Support
County Health Dept.
A Tl. S
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into as of the day of _
_____ , 1994, by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City" and the CITY OF UTTI..ETON,
hereinafter referred to as "Licensee".
WITNESS ETH:
The City without any warranty of its title or interest whatsoever, hereby authorizes
Licensee, its successor and assigns, to install a 24" corrugated metal storm sewer 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 Five (5) South, Range Sixty-eight (68) West of the Sixth
Principal Meridian, County of Arapahoe, State of Colorado, as shown on the attached
drawing.
1. The size of the storm sewer will be twenty-four inches, as shown 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
Ci ty and such construction shall be performed and completed according to the approved
:p lans and specifications.
3. 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
storm sewer, so that the City may, in its discretion, inspect such operations.
4. W ith in thirty (30) days from the date of the commencement of construction or any
rep a irs to said storm sewer the Licensee shall complete such construction, and shall clear
the area of all construction debris ancJ restore the area to its previous condition as near as
may be reasonable. In the event the clearing and restoration of the area is not completed
wi t hin the time specified , the City may complete the work at the sole expense of the
Licensee .
5. The City shall have the right to maintain, install, repair, remove or relocate the City
Di t ch or any other of its facilities or installations within the City's rights-of-way, at any time
and in such manner as the City deems necessary or convenient. The 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 sole expense, relocate, rearrange, or remove its installations
so a s 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 sewer and
other appurtenant installation thereof, shall be made at the sole expense of the Licensee.
7. The stipulation and conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
8. 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
responsibility to determine the existence . of said documents or conflicting uses or
installations.
9. The Licensee shall contact and fully cooperate with the City's Ditch operation and
m ai ntenance 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 to itself incident to the possible presence of such waters, or of storm waters, or of
surfa ce water in the 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
C o lorado and without in any way or manner intending to waive or waiving the defenses of
limit a t ions on damages provided for under and pursuant to the Colorado Governmental
Immunity Act (Sec. 24-10-101 , et. seq. C.R.S .), shall indemnify and save harmless the City,
it s officer s and employees, against any and all claims, damages, actions or causes of action
and e:x.'J)enses to which it or they may be subjected by reason of any work done or omission
m a d e by Licen see , its agents or employees , in connection with the replacement, maintenance
or r e pai r of sa id inst a llation.
0
11. It is expre ssly agreed that in case of Licensee 's breach of any of the within promises ,
the C ity may , at its option, have a specific performance thereof, or sue for damages resulting
fr om such breach .
12 . Upon abandonment of any right or privilege herein granted, the right of Licensee to
th a t e xteot shall terminate.
13. Licensee is expressly forbidden from constructing permanent structures or buildings
on the City D itch rights-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 under the control of the City.
-2-
IN WTINESS WHEREOF, this instrument has been executed as of the day and year first
above written .
APPROVED:
Stewart Fonda
Director of Utilities
APPROVED AS TO FORM:
Ci ty Attorney
JRmm/eng\Iicagt
-3-
CITY OF ENGLEWOOD
acting through and by its Water and Sewer
Board
Chairman
LICENSEE:
President of City Council
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October 11 , 1994
Manager /Personnel Officer
City cf Englewood
1500 W. Layton
Englewood CO 80110
Dear Sir /Madam:
This letter is being sent to you for the purpose cf commending an employee
cf the City cf Englewood, Water Resource Dept. His name is Dennis Schum.
As I was walking en the Highline Canal en Monday, October 10, I realized
that I had either left my keys in my locked car er had lost them somewhere
on the canal. When I get back to my car I was unable to discern if the keys
were in the car. At that time Dennis was checking the facility at Ccuntyline
Road, approximately 1 mile west of Broadway. He has always been friendly and
courteous whenever I saw him there, but on this day he offered me a ride to
the nearest public telephone, gave me a quarter to call for help, and waited
to -give me a ride back to my car.
He was net only considerate but especially represented you as his employer
in a very commendable way. I perceive him to be a person that any employer
cculd depend upcn to do a job and do it well. I :hope that the time he tock
to help me in no way would jeopardize his normal routine of checking the
various water plants/facilities.
I alsc ccmmend ycur Department fer hiring such worthy and dependable people.
Sincerely,
--_/77a ~ Marj~tton
6111 Rosewood Cir
Littleton CO 80121
795-8448
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Ditch winds way into Littleton history
Ca11al useful ~~'-'"""'"·111''"' · .. ., ....... "''··· ,. __ ........ ,,_ .. '"',_,,...,
to so1ne, a
treat to others
By Rebecca Kast
Special lo lhe Independent
Windi11g lhrough Li1tlel1111
and Englewood like a green rih -
hon is a small canal, nearly 130
yea1s old.
To lhe children who play on
ils hanks , ii means fun on a hol
s11mme1· day.
To a tlozen users, ii provides
needed irrigalion .
For Englewood t:ily officials,
ii 's a vilal part of lhe municipal
waler syslem .
11 's Cily l>ilch .
Since 1867 lhis 1 -fccl -dcep
canal has carried waler nearly 10
miles from Soulh l'lalle Hiver lo
City Park in Denver. Although
smaller and nol as well-known as
High Line Canal, City Ditch
played an important role in
Littleton's hislory and loday
affecls lhe lives of lhousands of
Englewood resi.dents.
Last monlh Cily Dilch made
lhe news when runoff from an
Aug . 18 fire al Cedar Mounlain
Mulch cunlaminated Engle -
wood's waler supply . Using Cily
Ditch to convey waler from lhe
South Platte and McClellan
Reservoir, Englewood officials
refilled lhc cily's lrealmenl reser-
voirs and had fresh waler back in
the ci ty syslem within two days .
"It's a major arlery in our
water system," Stu Fonda,
Englewood's direclor of ulilities,
said. "It's what allows us to fill
McClellan Reservoir, which is
our slorage for drought years."
City Ditch supplies 15 per-
cent of Englewood's annual
water supply, Dill McCormick,
nnrr:lfinn~ c:11n,.rintf'nrt,.nt f,,,
Susan Hritz sits near City Ditch, the 127-yeer-old canal which runs through her Littleton back yard.
The water will dry up for the winter next month. Photo by Betsy Bradfield.
City of Englewood's ulililics
departmenl , eslimaled.
"If we didn'I have lhal waler
we'd have lo gel it from some-
place else," he said. "We'd have
to purchase ulher waler rights ."
In the 1950's Englewood
huughl 1 ighls lo Cily IJilch waler,
which has lhe No . I waler right
on its scl:lion of Soulh l'lallc
River. In 1970 Englewood look
over mainlenancc of I 6 mile s or
dilch from lhc hcadgale below
Chai field nescrvoir lo
Englewood cily limits at Harvard
Gulch, where Denver takes over
control of lhc dilch .
In Denver, except for a scc-
lion in Washington Park, all of
City Ditch is enclosed in pipes .
But sections of open ditch in
Littlclon and Englewood, lined
with collonwoods, willows and
lall grass, provide a unique rural
atmosphere lo nearby homes.
H '' .. ~ ,.,. 1 f , '1 r · 1 1
like this, wilh the trees and water,
in lhc Denver area," said Susan
I lrilz , who lives in I .illlclon wilh
her husband Sieve on properly
hisecled hy lhe dilch . "When I
stand on lhc bridge and look al
'Some people like
living by it. Others
think it's a plain
nuisance'
Bill McCormick,
Englewood operations
superintendent
all lhe trees, it's so serene . I
think, • This is lhc most bcaulihil
place on lhc carlh.' "
Litllclon Cemetery and SI. ,, r .. 11 . 1 : r ., 1.
Lillleton have righls tu small
amounts of City Ditch waler but
the canal's real importance lo
Lilllctun comes from its hi s lury .
II was C ity Ditch lhal brought
l.illlclon founder Richard S.
Lilli e lo thi s a11:a.
In I 859 Denver was a dreary
selllemenl, wilh no grass. l1ees,
or lluwers . A group of enlcrpris-
ing men organized lhc C<i pilal
llydraulic Company lo build
whal was supposed lo he a I 0 -
mile ditch lo hring Soulh Plallc
River waler lo Denver for irriga-
tion .
The fir s l surveyor failed at lhe
task . Hichard S . Lilllc correctly
engineered the gravity -lluw dilc h
in I 861 and was so lakcn with
the area that he homesteaded 160
acres, brought his wife Angelina
from Wisconsin and eslahlisheil
lhc village of Lilllclon in IR72.
The Civil War delayed com-
I • r " .. .t '.1 1 Or"l
The availabilily of irrigalion
w:ilcr sparked a mass lrec-and
lawn -pianling cffurl in Denver
during the lalc l/ffiOs. Denver
houghl righls lo the canal in
1875 aml from lhcn on ii became
known as "the City 1Ji1d1."
"It was dug with a slip and a
mule," McCormick said. "Jusl
by gravily lh c y gol lhis thing lo
flow correclly . It's amning
they conld do lhal with ju ~I ;1
plow am.I a mule."
From April I lo Nov . I water
flows cunslanlly lhrough Cily
Dilch . McCormick :iml a crew of
two slay husy rixing flume s,
adjusling lurnoul gales, culling
back vegelal ion and fixing leaks .
"II has leakage problems,"
McCormick said. "There used lo
he a lol of old c.:ollonwoods
g1 owing along ii. Their rnol s arc
slill lhcre and water follows lhe
rolling rools . We spend a lol of
lime fixing leaks ."
"Some people like living hy
ii," McCormick said. "Olhers
think it's a plain nuisance. They
dun 't like the kids playing wilh
the crawtlads. Kids and water -
they sort of go lugclhcr."
The Hrilzes live below Lee
Gulch flume on Cily Dilch,
which Susan likens to a mini -
Walcr World fur youngslcrs .
"Kids go down lhc chulc and
come oul in our yard," she said.
"I'll hear lhem screaming 'llclp1
Help'' And I 'II run over there .
Uut they're jus l playing."
At a wedding reception for
her sister in their shady back -
yard, another s islcr's 5 -ycar -uld
son couldn'I resist lhe atlraction
of lhc waler and jumped in . "I le
came up in hi s s uil and tic, soak-
ing wet," she laughed .
"I always figure kids will be
kids. I just lry to keep my e'ye
out when I'm around and make
sure I'm available lo help. Dul
we've had no incidents."
"We wouldn't trade it for
.,,,,.1l .;,,,-. n
ATT. 8
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of ,
19 , by and between the CITY OF ENGLEWOOD, a
municipal corporation of Colorado, hereinafter ref erred to
as "City" and Su::iu..v..... ..;-s f <) c:.. /\..Vi,.__ H r cf -"L
hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title
or interestwhatsoever, hereby authorizes Licensee, its
successor, assigns, to install a A ,,., d 0.!--
~~"""'""' ......... '""""'J-;.-;='--~~~~~~~~
o v er the Ci t y 's rights-of-way for the City Ditch, described
as a parcel of land situated in the (1 /-'-'! o ( G.J.f/ _., /o v-
County of
following
/
Arapahoe, State of Colorado and lying within the
described lines:
i_.., :. <.. -c.:.-.. .) 1, v. . .: ~ fJ. Pv.r le v i ,: _,.._/ ~ c,.L__ v 1 <vt crv-
The above-described parce l contains
acres, more or less.
1. An y construction contemplated or performed under this
License shall comply with pnd 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
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
/3 .r·i d &J)... 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 City deems
necessary or convenient. The City reserves the exclusive
right to control all easements and installations. In the
event the tJr .-d ,.;.._ L 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
13 ';cl C.... l,
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.
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 crossing provided by this license. The
Licensee assumes all responsibility for maintenance 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 which
it or they may be subjected by reason of said
tJ,,,-( ~
being within and across the premises ~f the City 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
an y e v ent.
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 fir~t above written.
APPROVED:
Stewart Fonda
Director of Utilities
APPROVED AS TO FORM:
CITY OF ENGLEWOOD,
Mayor
LICENSEE:
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