HomeMy WebLinkAboutOrdinance-1976-0206 - Grants Right-of-Ways to Valley Water DistrictINTRODUCED BY COUNCILMAN DONALDSON
ORDINANCE NO. 206
SERIES OF 1976
TITLE: AN ORDINANCE TO GRANT RIGHTS-OF-WAY TO THE VALLEY
WATER DISTRICT, A QUASI-MUNICIPAL CORPORATION OF
THE STATE OF COLORADO, AND THE BOARD OF WATER
COMMISSIONERS OF THE CITY AND COUNTY OF DENVER,
COLORADO, THROUGH, OVER, ACROSS AND UNDER STREETS
WITHIN THE CITY, FOR THE PURPOSE OF LAYING,
CONSTRUCTING, OPERATING, MAINTAINING, AND REPAIRING
WATER WORKS AND PIPELINES CONNECTED THEREWITH AND
TO AGREE BY CONTRACT TO THE TERMS AND CONDITIONS
AFFECTING THE GRANT OF RIGHTS-OF-WAY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. The City of Wheat Ridge, Colorado, acting
by and through its City Council under the authority of 31-15-703(1)(c),
C.R.S. 1973, as amended, hereby grants to the Valley Water
District, a quasi-municipal corporation of the State of
Colorado, and the Board of Water Commissioners of the City
and County of Denver, Colorado, the following rights-of-way
through, over, across and under streets for the purpose of
laying, constructing, operating, maintaining and repairing
the water works and all pipelines and appurtenances thereto.
Said rights-of-way are only those applicable to the City of
Wheat Ridge, Colorado, property, and are described as follows:
From Denver Water Board Conduit No. 94
at Paramount Parkway and Twilight Drive,
then Northwesterly on Twilight Drive to
Morningside Drive, then on Morningside
Drive northerly to West 32nd Avenue, then
on West 32nd Avenue westerly to Nelson
Street north to West 38th Avenue, then on
West 38th Avenue west to Oak Street, then
on Oak Street north to West 41st Place to
West 42nd Avenue (extended) and Parfet
Street. Said rights-of-way are more
particularly identified in attached
Appendix A.
Section 2. Terms and Conditions of this Ordinance as
required by 31-1S-703, C.R.S., 1973, as amended, are as
prescribed in Appendix B attached hereto and incorporated
herein.
Section 3. The City of Wheat Ridge, a Colorado
municipal corporation, shall retain the fee simple title
ii; all of the property described in Section 1, and shall
ORDINANLE 206 Page Two
have the right to construct, maintain and utilize such property
for the public rights-of-way as said uses are deemed necessary
by the City Council of the City of Wheat Ridge.
Section 4. Emergency Clause. The provisions of this
ordinance are necessary for the immediate health, welfare and
safety of the City of Wheat Ridge, for the following reaso,is:
(a) That certain citizens of the City of Wheat
Ridge, Colorado, are serviced by the Valley Water District.
(b) That the water lines operated by the Valley
Water District are in need of repair.
(c) That the Valley Water District desires to let
the bids for the construction of the water facilities during
the month of March, 1976.
Section S. Effective Date. This ordinance shall be in
force five (S) days after publication following final passage
providing it shall have been passed by an affirmative vote
of three-fourths (3/4) of the members of the City Council;
otherwise, said ordinance shall take effect thirty (30) days
after publication following final passage.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED
on first reading by a vote of 6 to 0 , this 23rd
day of February A.D., 1976.
READ, ADOPTED AND ORDERED PUBLISHED on
second and final reading by a vote of 5 to 0, this 22nd
day of March , A.D., 1976.
Frank Stites, Mayor
ATTEST:
Base Biou` gh m, Ci y Clerk
Ordinance No- 206 - Page 9.
SE 1/4 SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P.M.
JEFFERSON COUNTY
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LEGEND
RIGHT-CF v','AY REQUIRED
DOCUMENT DATED
SECY FILE D-
1 PPENDIX A-I yr!-r t i U- > >rI
Ordinance No. 206 - Page 10.
1 E.I/2 SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P.M.
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THE DENVER MUNICIPAL WATER WORKS
ENGINEERING DIVISION
CONDUIT NO. 119
RIGHT-OF-WAY REQUIRED FROM THE
CITY OF WHEAT RIDGE
SCALE. I" = 200r _ DATE , JANUARY 6 1976_
DRN R F A TR R F A_ CK.
APP DR 68 NO 1118
APPENDIX A -Z SHEET 2 OF 3 SHEETS
ordinance No. 206 - Page 11-
SECTIONS 21 & 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST Gth PM.
JEFFERSON COUNTY
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APPENDIX t'gll 'dal ,~t'fitl `ate v m _ 1,s.r
I I
i,pl.ie, dix
AGREEMENT RELATING TO INSTALLATION
OF WATER PIPELINES
THIS AGREEMENT is made this 22nd day of r'larch
1976, between the City of Wheat Ridge, a statutory city of the State of
Colorado, organized under the provisions of Title 31, C.R.S. 1973, as
amended, herein referred to as the "City", and the Valley Water District,
a quasi-municipal corporation of the State of Colorado located in the
County of Jefferson, organized under the provisions of Title 32, Part 1
of Article 4, C.R.S. 1973, as amended, herein referred to as the
"District"
In consideration of the mutual covenants, agreements, conditions
and provisions hereinafter specified, the City and District agree as
follows
SECTION 1. The City, pursuant to its authority under 31-15-703(]1
(c), C.RoSa 1973, as amended, hereby grants to the District, the Board
of Water Commissioners of the City and County of Denver, or their
successors and assigns, the following rights-of-way through, over, across
and under streets and alleys for the purpose of laying, constructing,
operating, maintaining and repairing water works and water pipelines
and appurtenances thereto. Said rights-of-way are only those applicable
to City property and are described as follows
From Denver Water Board Conduit No. 94 at
Paramount Parkway and Twilight
Drive, then
northwesterly in Twilight Drive to Morningside
Drive, then in Morningside Drive
northerly to
West 32nd Avenue, then in West
32nd Avenue
westerly to Nelson Street, then i
n Nelson Street
north to West 38th Avenue, then
in West 38th
Avenue west to Oak Street, then
in Oak Street
north to West 41st Place, then across private
property owned by Adolph Coors
Company to
West 42nd Avenue (extended) and
Parfet Street.
-1-
A~ r'EN TO ORi;LJANCE N I 7'-20t)
Ordinance No. 206 - Appendix U - Page 4.
Said rights-of-way are more particularly identified in the attached
Appendix A
SECTION 2. A street-cut permit will be issued to the District,
as owner, to install and construct a water main extension through,
over, across and under City rights-of-way, such project herein referred
to as "Conduit No. 119"
SECTION 3. Construction shall be limited to the defined construc-
tion boundary as outlined in the attached Appendix A, unless modified
by written agreement.
SECTION 4. District to pay for a part-time inspector which the
City shall furnish to assure compliance by the District with Ordinance
No. 200
SECTION 5. No fee nor performance bond shall be required from
the District for said Conduit No. 119, except that the District shall pay
an administrative processing fee to the City in the amount of $50.00.
The District shall also submit photocopies of performance bonds issued
to the District by its contractor on said Conduit No. 119 project.
SECTION 6.
The District and its contractor shall comply with the
various technical requirements under Ordinance No, 200 of the City,
including but not limited to the repair and replacement of street surfaces.
SECTION 7. The District shall perform the following conditions in
its use, repair and replacement of said rights-of-way along Conduit No,
119.
(a) The District shall, following completion of construction,
return said rights-of-way to the condition thereof preceeding the subject
construction activity and shall maintain the paved surface, elevation and
-2-
Ordinance No. 206 - Appendix 6 - Page 5.
quality of soil in areas of construction activity by correcting any
settling or subsiding resulting from the installation of said Conduit
No. 119. In addition to complying with other requirements of said
Ordinance No. 200, a three-inch surface patch of bituminous asphalt
shall be required in repairing street: cuts.
(b) The District shall, within one year following completion
of said Conduit No, 119 or at such other time as agreed to by the
parties, participate with the City in the cost of a standard one-inch
surface overlay of said rights-of-way utilized for said Conduit No, 119.
The District's financial obligation to participate in the overlay shall be
fifty (50%) percent of the contract price to the City of new pavement
overlay for said rights-of-way, Such pavement shall be of a quality
and quantity consistent with that required to properly resurface and
restore said rights-of-way. The City shall prepare, let and manage
all contracts for such resurfacing in accordance with the City's uniform
standards and specifications for such work, The District shall be
responsible for maintaining any necessary repairs along said Conduit
No, 119, caused by District construction activity, until such time as
said rights-of-way are repaired and overlaid or, if earlier, a period
of one year following completion of the project has elapsed,
(c) Any controversy or claim arising out of, or relating to,
this Section 7, or the breach thereof, which is not disposed of by agree-
ment between the parties, shalt be settled by arbitration, Each party
to this agreement shall appoint an arbitrator of its choice, respectively,
and each party shall notify the other party of such appointment within
five (5) days of such controversy. The two arbitrators so appointed
shall then select a third arbitrator within five (5) days after the
arbitrator appointed by the City is appointed, and the three arbitrators
Ordinance No. 206 - Appendix 8 - Page 6.
so appointed shall constitute the board of arbitration,
The arbitration hearing shall be concluded within thirty (30) days
after the board is fully constituted, unless otherwise ordered by the
board, and the award of the board of arbitration shall be made within
ten (10) days after the close of the submission of evidence, An award
rendered by a majority of the arbitrators appointed pursuant to this
agreement shall be final and binding upon all parties, and judgment on such
award may be entered by either party in a court of appropriate jurisdiction.
Each party shall bear its own arbitration costs and expenses.
The arbitrators shall have no authority, power or right to change,
amend, modify or otherwise alter the provisions of this agreement and
shall make their determinations in accordance with the provisions hereof,
SECTION 80
Movement of heavy equipment and other construction
related activity will be conducted along said rights-of-way and certain
traffic routes designated by mutual agreement between the parties,
unless changed circumstances dictate otherwise. Said traffic routes
are more particularly identified in the attached Appendix C.
SECTION 9o Any excess earth resulting from installation of said
Conduit No, 119 shall be removed from said right-of-way at the sole
expense of the district to the location described in Appendix Co In the
event that designated disposal site cannot be used to dispose of the total
amount of excess earth, then the city reserves the right to designate
another site that the district shall use for disposing of said excess earth;
such site shall be at a location within a reasonable distance to the desig-
nated site in Appendix C.
SECTION 10. The District shall discharge any subsurface water
resulting from the installation of said Conduit No. 119 into available
storm drainage systems, ditches, gulches or creeks in the immediate
area of the construction activity,
-4-
Ordinance No. 206 - Appendix 8 - Page 7.
SECTION 11. Said Conduit No. 119 will be constructed at the inter-
section of Lena Gulch with Nelson Street, and the City has informed the
District of the proposed Lena Gulch Floodway Project and of the prospect-
ive design of said floodway at the point of intersection (see attached
Appendix B). The District's installation will be constructed in such a
manner as not to interfere with said floodway, as presently designated,
at said point of intersection.
SECTION 12. The District shall indemnify and hold harmless the
City, their officers, employees and agents, for all claims, liability
and damage which the City may incur by reason of any pollution,
interference, damage or other effect upon private domestic water wells
and/or water rights caused by the District's construction activity.
SECTION 13, The District will locate said Conduit No. 119 across
certain property in the vicinity of Clear Creek and Parfet Street, owned
by Adolph Coors Company and leased to the City under a green-belt
lease agreement, dated February 26, 1973. The District shall minimize
any ecological effect upon, and will undertake any necessary action to
prevent environmental damage to such property, The District will
independently obtain from Adolph Coors Company an easement granting
appropriate right-of-way for the installation of said Conduit No, 119
across the Clear Creek property, and the City hereby consents to the
granting of any such easement, without further consideration therefor
and without the execution of additional documents by the City.
SECTION 14. This document constitutes the sole agreement between
the City and the District concerning the subject matter herein, and all
prior negotiations, representations, understandings or other agreements
-5-
Ordinance No. 206 - Appendix 6. - Page B.
pertaining to such matters are hereby cancelled. No modification,
alteration or amendment to or of this agreement shall be binding upon
the parties, unless the same is in writing and executed by duly authorized
officers of the parties. This agreement and all of the benefits and
burdens of this agreement shall inure to and bind the successors and
assigns of the parties hereto.
SECTION 15. The authority of the City to execute this agreement
shall be granted by a duly introduced and adopted Ordinance of the City
Council of the City of Wheat Ridge, and the agreement shall be effective
upon execution hereof by the Mayor and City Clerk of the City,
IN WITNESS WHEREOF, the City and District have caused this
agreement to be executed on the day and year first above written.
CITY OF WHEAT RIDGE
ATTEST By -
Frank 'Stite;s'.,
Mayor
By -k ell
E lisp Brougham, G y Clerk
ATTEST
VALLEY WATER DISTRICT
BY
Robert Rock, Presi'dent
Board of Directors
By /
Donald E. Ellis, Secretary
Board of Directors
-6-
RDINANCE 206 APPENDIX C
CITY OF WHEAT RIDGE - MEMORANDUM
Maurice F. Fox, From Clyde E. Hobbs,
To City Attorney Director of Public Works
Subject Below Date February 20, 1976
Approved Ordinance No. 206 - Page 13 Date APPENDIX C
SUBJECT: VALLEY WATER DISTRICT CONDUIT NO. 119
HAULING ROUTE AND CONSTRUCTION EQUIPMENT
The Agreement with the Valley Water District should provide
for the following itinerary with respect to the use of the
City streets by heavy trucks and construction equipment of
the contractor.
Vehicles hauling material and construction equipment shall
be restricted to streets on which the conduit 119 is being
installed as shown on the attached exhibits A, B. and C, and
shall utilize both W. 38th Avenue and W. 32nd Avenue easterly
to Kipling Street; thence northerly on Kipling Street to W.
44th Avenue; thence westerly on W. 44th Avenue to Prospect
Park.
No other streets in the City shall be utilized for hauling
and construction equipment except emergencies. The contractor
shall submit in writing a request for any routing change,
defining the route he wishes to follow, and shall receive
written approval from the Director of Public Works before
deviating from the alignment.
C y e E. Ho bs Date
Di lector of Public Works
CEH:pjk
cc: John A. Jerman
City Administrator
Ordinance No. 206 - Page 14.
SE 1/4 SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 VVE-ST 6th P.M.
JEFFERSON COUNTY
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LEGEND
RIGHT-1-)F-,%/AY REQUIRED
DOCUMENT DATED
SECY FILE D
THE DENVER MUNICIPAL WATER WORKS
ENGINEERING, DIVISION
CONDUIT NO. 119-
RIGHT-OF-WAY REQUIRED FR0%, THE
CITY_ OF WHE"'T RIDE
SCALE I_ 2C?ODA? E . A"JURY r
ORN - R- F A TR R F A CK
Ordinance No. 206 - Page 15.
E.I/2 SECTI
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OWNSHIP 3 SOUTH, RANGE 69 W S T
JEFFERSON COUNTY
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THE DENVER MUNICIPAL WATER WORKS
ENGINEERING DIVISION
CONDUIT NO. H9
RIGHT-OF-WAr REQUIRED FROM THE
CITY OF WHEAT RIDO-E _
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SECTIONS 21 & 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST Gth Phil
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SEC.28 SEC 28
THE DENVER MUNICIPAL WATER WORKS
ENGINEERING DIVISION
1 CONDUIT NO 119
1 RIGHT-OF-WAY REQUIRED FROM THE
CITY OF WHEAT RIDGE _
SCALE I" _ 200 DA E JANUAR, 7l I i
DNN _ R F A TR R F A 1CF I
CERTIFICATE OF PUBLISHING
I, ELISE BROUGHAM HEREBY CERTIFY THAT ORDINANCE 206 WAS
DULY PUBLISHED IN THE DENVER POST ON THE 3rd DAY OF
MARCH, 1976 AFTER FIRST READING.
I, ELISE BROUGHAM HEREBY CERTIFY THAT ORDINANCE 206 WAS
DULY PUBLISHED IN THE DENVER POST ON THE 31st DAY OF
MARCH, 1976 AFTER SECOND READING.
E f_BROUGH M, CIT, CLERK