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Background Paper for Proposed
RESOLUTION
DATE: DECEMBER 27, 2010AGENDA ITEM # M-10
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
MARISA HERRERA FOR THE USE OF THE RIGHT OF WAY LOCATED AT 524
WEST GRANT AVENUE FOR THE PURPOSE OF INSTALLING A SANITARY SEWER
SERVICE LINE
ISSUE
Should City Council issue a Revocable Permit to Marisa Herrera for the use of the right
of way located at 524 West Grant Avenue?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The sanitary sewer line that services the residence at 524 West Grant Avenue is
blocked and most likely damaged. The line currently runs through an adjacent property,
therefore is inaccessible to make the necessary repairs. The property owner is
requesting permission to reroute the service line to the street.
FINANCIAL IMPACT
None.
RESOLUTION NO. 12047
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO MARISA HERRERA FOR THE
USE OF THE RIGHT OF WAY LOCATED AT 524 WEST
GRANT AVENUE FOR PURPOSE OF INSTALLING A
SANITARY SEWER SERVICE LINE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Marisa Herrera for
the use of the right of way located at 524 West Grant Avenue for the purpose of
installing a sanitary sewer service line.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations,
terms and conditions set forth in the attached Revocable Permit.
INTRODUCED: December 27, 2010
BY: Judy Weaver
COUNCILPERSON
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith.
1 Name, Address and Telephone Number of Permittee Marisa Herrera, 524 W Grant, Pueblo, CO 81004 (719)
320 -1670)
2. Permitted Area. 524 West Grant
3 Purpose of Revocable Permit: Sanitary Sewer Service Line
4 Authorized Improvements:
5 Commencement Date December 27 2010 Time:
6 Ending Date: Indefinitely Time.
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted
Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area
by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all
applicable codes, ordinances, rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the
provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be
amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any
tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to
hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City
the sum of $500 00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's
equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the
Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at
Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted
Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean
and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's
Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and
restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including
reasonable attorney fees, incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from
litter, waste and debris.
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any
and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising,
directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction,
installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or
Improvements by Permittee, its officers, agents, employees, invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or
sublet by Permittee without the prior written consent of the City Council of City Any attempted conveyance, assignment,
transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be
void and of no effect and shall cause this Permit to be automatically revoked.
CA — 4/6/10
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured and contain a waiver of rights of subrogation against City A certificate for such insurance
and each renewal thereof shall be delivered to the City Failure to maintain such insurance shall cause this Permit to be
automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury
by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of
Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first
class mail, postage prepaid, as follows.
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention. Revocable Permit Review
Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this
paragraph (k).
(1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all
purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising
the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's
Improvements within the Permitted area, and City shall have no responsibility or -liability for any damage or injuries
thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date,
(ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the
Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to
City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and
liability of the City
Signed in Pueblo, Colorado this day of 0 / , 20 / D
1' ERMITTEE.
Or.. ity. ,s_
BY'
Title: tP")cune
STATE OF COLORADO)
COUNTY OF PUEBLO ) ss. J •� ° k <<<
The foregoing instrument was acknowledged before me the a day of , � . A,' ` at V ;��
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My commission expires. - - 90,4
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[SEAL] '10 . .� U 6i1_ /► Gl� t � .00 • e e 4►
Notary Public % R C OU'r
APPROVED this 27th day of D ecember , 20 10 .E' 6$2014
PUEBLO, a Municipal Corporation
By ( Y-e—
President of the City Council
CA — 4/6/10
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November 24, 2010
Marisa C Herrera
524 W Grant Ave
Pueblo, CO 81004
Re Revocable Permit/New Sewer Line
Dear City Council
I have recently applied for a Revocable Permit due to the repair of mayor
sewer problems at my residence at 524 W Grant Ave , Pueblo, CO 81004
I currently share a sewer line with my neighbor and I have decided to have
my plumbing re- routed and a private sewer line installed. Because the new
sewer line will go through my yard and through city property (street), I've
been instructed to apply for a Revocable Permit which requires me to send
this letter to you.
If you have any further questions or concerns, you may reach me at 719-
I 320 -1670
;�11. ,. yo • y • r time and consideration,
P r "ir `e',
arisa C Herrera