HomeMy WebLinkAbout11814RESOLUTION NO. 11814
A RESOLUTION APPROVING A LICENSE AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION
AND COLORADO NATURAL GAS, INC., GRANTING A
LICENSE AND REVOCABLE PERMIT TO INSTALL AND
MAINTAIN A PIPELINE WITHIN A PORTION OF THE
PUBLIC RIGHT -OF -WAY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The License Agreement between the City of Pueblo and Colorado Natural Gas,
Inc., for the purpose if installing and maintaining a gas pipeline within City right -of -way,
a copy of which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2
The President of City Council is authorized to execute and deliver the License
Agreement in the name of the City and the City Clerk is directed to affix the seal of the
City and attest same.
SECTION 3
This Resolution shall become effective upon final passage and approval.
INTRODUCED: February 22, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE510ENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
L) 4
Background Paper for Proposed
RESOLUTION
DATE: February 22, 2010
DEPARTMENT: Law Department
Public Works Department,
Earl Wilkinson, P.E.
TITLE
AGENDA ITEM # M -11
A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND COLORADO NATURAL GAS, INC., GRANTING A
LICENSE AND REVOCABLE PERMIT TO INSTALL AND MAINTAIN A PIPELINE
WITHIN A PORTION OF THE PUBLIC RIGHT -OF -WAY
ISSUE
Should the City grant a license and revocable permit to Colorado Natural Gas, Inc. for
the installation and maintenance of a gas pipeline within a portion of the public right -of-
way?
Law Department and Public Works Department recommend approval of the Resolution.
BACKGROUND
Colorado Natural Gas, Inc. applied for a territory in the southern portion of Pueblo
County, and was approved for this new territory by the Colorado Public Utilities
Commission. It is within this territory that it intends to serve customers in the
communities of Rye and Colorado City. This pipeline through City Right -of -Way in Lime
Road will serve to deliver natural gas to those communities. Properties on the south
side of Lime Road are also within this territory.
FINANCIAL IMPACT
None anticipated; provided, however, that Colorado Natural Gas, Inc. agrees to pay the
City $750 to defray City's administrative expenses in connection with the preparation
and approval of the License Agreement.
LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Pueblo, a Municipal Corporation (hereinafter called "CITY "), for and in consideration of the
sum of TEN AND NO /100 -- - - - - -- Dollars ($ 10.00 ) in hand paid, the receipt of which is hereby
acknowledged, does hereby grant unto COLORADO NATURAL GAS, INC., a Colorado corporation, its
successors and assigns (hereinafter called "COMPANY "), subject to the terms and conditions set forth
herein, a license and revocable permit to place, construct, maintain, operate, repair, replace and remove a
single 8" diameter high density polyethylene pipeline with associated fittings, tie - overs, cathodic protection
equipment, and all appliances appurtenant thereto (collectively, the "Pipeline ") for the transportation of
natural gas along a portion of a certain roadway (the "Roadway ") within the City of Pueblo, County of
Pueblo, State of Colorado, described as follows:
An approximately 4,850 lineal feet long pipeline placement running approximately east to west
within the southerly 20 feet of Lime Road within the South %2 of Sections 1 and 2 in Township 225,
Range 65W of the 6' Principal Meridian, as generally depicted in the map(s) attached as Exhibit
"A ". The actual licensed placement shall be located outside of the paved portion of the Roadway
used for vehicular travel, and shall be installed as depicted in drawings to be filed by Company in
its application to City for an excavation permit for the pipeline, provided, except where not
reasonably possible, that the top of the pipeline shall be a minimum of 36" below existing grade of
the Lime Road, measured at the lowest point of adjacent pavement.
CITY, its successors, heirs or assigns, reserves all other rights in the Roadway as a public right of
way.
The license and revocable permit granted herein shall be subject to all of the following terms and conditions:
1. COMPANY shall apply for and obtain an excavation permit from the City and pay all fees
associated therewith prior to any entry into the Roadway. Company shall also observe and follow the
requirements of all applicable statutes, ordinances, regulations, licenses, permits, agreements, or covenants,
including without limitation, any requirement to call the "One -Call" system prior to the construction or
excavation in or. upon the Roadway.
2. Upon completion of the installation of the Pipeline, COMPANY shall properly backfitt,
grade, re -seed, repave and otherwise restore the surface of the ground over said and any other portion of
the CITY's Roadway and other property disturbed by COMPANY during the construction and
installation of the Pipeline to the condition which it was in immediately preceding the construction and
installation to the extent reasonably possible; provided, however, that Company shall place visible
flexible pipeline markers as required by the City. Further, COMPANY shall repair any damage to pasture,
fences and other improvements, and pay for any damage to livestock resulting from laying, constructing,
maintaining, operating, repairing, replacing or removing the Pipeline. In the event of disturbance of any
wetlands, COMPANY shall obtain all required permits and shall restore such wetlands as required by the
terms of said permits and law.
3. All fences that must be cut in order to accomplish any of the purposes herein above
granted to COMPANY shall be repaired and "H" braced on each side of the area covered by this license
and the wire secured so that when the fence is cut, within the remainder of the fence shall not go slack or
be slackened and after said installation or repair, said fence shall be replaced in as good as condition as
said fences were before cutting.
4. In consideration for the grant of this license, COMPANY further agrees to assume full
liability and responsibility for all injuries and property damage occurring after the date hereof to CITY, its
agents, employees, invitees, contractors, successors and assignees, arising from the construction or use of the
Pipeline and use of said license for the purposes aforesaid. COMPANY agrees to hold harmless, indemnify and
defend CITY from all liability and expense on account of any and all claims, expenses, liabilities, damages to
property or injury to or death of persons, or actions arising from or out of the construction, reconstruction,
installation, operation, maintenance, repair, alteration, rehabilitation, removal, or replacement of the Pipeline
by COMPANY or its employees, agents or contractors. In connection with the performance of any such work
within the Roadway and property as described above, COMPANY shall exercise due care to protect CITY's
property and facilities in or adjacent to the Roadway from damage; and COMPANY shall be liable to CITY
for all losses and damages sustained by CITY arising from the performance of any of said work.
5. COMPANY acknowledges and agrees that in no event will it locate, erect or cause to be
located or erected any building, mobile trailer unit, or other above ground structures upon the Roadway.
CITY shall, in addition all other rights available to it under law or equity, have the right to remove any such
building or structure at COMPANY's expense.
6. CITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE AND WARRANTIES AS
TO FITNESS OR USE OF THE ROADWAY AND ANY OTHER CITY PROPERTY. THE RIGHTS
LICENSED HEREIN IN THE ROADWAY ARE "AS IS ", WITH ALL FAULTS AND SUBJECT TO
EXISTING PHYSICAL, ENVIRONMENTAL AND OTHER CONDITIONS.
7. If at any time, the CITY, or any enterprise of CITY, elects to, or requires any property
owner to, alter, widen, repair, realign, abandon, improve, vacate, reroute or change the grade of Lime Road or
any street or sidewalk or to replace, repair, install, maintain, or otherwise alter any above ground or
underground cable, wire, conduit, pipe, line, pole, structure, or other facility utilized for the provision of
utility or other services or transportation of drainage, sewage or other liquids or gases, or if CITY undertakes
the construction of any public project upon its property, including the Roadway, or property it holds in trust,
_— — the COMPANY at its sole expense, remove or relocate its Pipeline from or within the Roadway so as
not to interfere with such changes or alteration to Lime Road or to the street, sidewalk, facility, or structure,
or so as not to interfere with construction of said public project. Reasonable advance written notice shall be
mailed to the COMPANY advising the COMPANY of the date or dates removal or relocation is to be
undertaken.
8. In case COMPANY abandons, ceases to use for a period of three (3) years or permanently
removes the pipeline, this license and all rights, privileges and interests granted herein shall terminate. In
the event of any material breach of this License Agreement by Company, CITY shall have the right to
terminate COMPANY's rights hereunder upon thirty (30) days advance written notice.
9. This license and the revocable permit granted herein may be revoked by the City Council of
CITY upon 180 days prior written notice to Company, at any time, in the sole and absolute discretion of the
City Council.
ATTEST:
City 6&rk
PUEBLO, a Municipal Corporation
President of the City Council
Acceptance
The license and all rights and privileges granted by the foregoing License Agreement are hereby accepted
in accordance with and subject to the terms of the foregoing License Agreement. The person executing
this instrument on behalf of COMPANY represents that he or she has full authority on behalf of
COMPANY to execute this License Agreement and bind the Company to its terms.
ColoraNatural Gas, Inc.
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
Title: C . 9 10
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this zz=
day of ebru ar 2000 by La ofiir2 U. henr n as President of the City Council and by
Q, Y\A l)aJ the as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
commission expires: 9
1 INQt Public
PUBLIG J.
COUNTY OF (%�Cersali )
ss.
STATE OF 01.0 adO )
(G lS02/
The foregoing instrument was acknowledged before me in L -DU/z 1Z 7 this
day of Feb�u G 202(V by as app of
Colorado Natural Gas, Inc., a Colorado Corporation.
Witness my hand and official seal.
My commission expires: 41
Notary Public
HEATHER ROSS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 01/22/2011