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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