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HomeMy WebLinkAbout12998RESOLUTION NO. 12998 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO TIMOTHY S. SIMMS FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 644 SCRANTON AVENUE FOR THE 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 Timothy S. Simms for the use of the right-of-way located at 644 Scranton 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: June 23, 2014 BY: Chris Kaufman COUNCILPERSON City Clerk’s Office Item # M-12 Background Paper for Proposed Resolution COUNCIL MEETING DATE: JUNE 23, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO TIMOTHY S. SIMMS FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 644 SCRANTON AVENUE FOR THE PURPOSE OF INSTALLING A SANITARY SEWER SERVICE LINE SUMMARY: Attached is an application for a revocable permit submitted by the Timothy S. Simms for the installation of a new sanitary sewer line at 644 Scranton Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The sanitary sewer line that services the residence at 644 Scranton Avenue is blocked and most likely damaged. The line currently runs through an adjacent property; therefore it is inaccessible to make the necessary repairs. The property owner is requesting permission to reroute the service line to the street. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will result in damage to the house as the existing sewer line is beyond repair. RECOMMENDATION: Approval of this Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map 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: Timothy S. Simms, 644 Scranton Avenue, Pueblo, CO 81004, (719)406-1201 2. Permitted Area: 644 Scranton Avenue 3. Purpose of Revocable Permit: Sanitary Sewer Service Line 4. Authorized Improvements: 5. Commencement Date: June 23 2014 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). (I) 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 5 7 - day of 5....tuir , 20 14 PERMITTEE: Organization: / By:„„4 , sue — Title: /j e 0) /. PLP , f STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the day of J l l..V1t_ , 20 1 by TVYNAl S \ VYm3 as tibwr o U, V1 P r . M BELIND KIMBALL (1 1 NOTARY PUBLIC i �� i -_(, [ 5 E A 'STATE OF COLORADO Notary Public NOTARY ID 20094005563 COMMISSION EXPIRES FEB, 23, 2017 20 14 . APrKUVED this 23L d, o2 j une , PUEBLO, a Municipal Corporation By C efi..a...--4 President of the City Council yip CA - 4/6/10 . .. - t- - - • _ ' • .- . .............. - ri„„„,........,..... :.„,- . p, ; 4 , t 1 :i ‘i: -- . : iy • . ov . , i a , ., 4 1 . ',',,. I : , i , .. ,. , . .. 4 61 7 1 P jj �� e � 1 1 i . : It i 1 . 4 1 --- . 1 • ; -,,; - s 4 ' ....41__ .. : . :. _.. _ >: 6 i 4 : -' 7 .7 Z :'. '3 - 4 -4,.. • 1 ..... _RA Ai . :, ', • ' ' ' I t a , .- .. . - • - • . , -- : , . . ,, , , • fi it iii.i 1 D ±,l.- : . . • - - - .. ri , ,....._. . _. .. . . . a . . . .. ..._________._. _._..... _ ._ , ..__ _. _ . ,.. .. , . .. ... . . • e . June 1, 2014 Timothy S. Simms 644 Scranton Av. Pueblo, CO 81004 Pueblo Public Works Pueblo City Council Pueblo, CO Re: Revocable Permit To whom it may concern, Please except this document as our "Letter of Intent" for the Revocable Permit application required to repair / replace the sewer service line which will be located within the City of Pueblo ROW . I Timothy S. Simms owner of the property located at 644 Scranton Av. acknowledge that the application for this Revocable Permit is for the sole purpose of installing / repairing the existing sewer service line for the above mentioned property. The excavation will begin at the south side of the dwelling, then it will run south into the City of Pueblo ROW, then turn east and run 24 inches away from and parallel with the City of Pueblo ROW to the sewer main in the alley. We also understand that after excavation the property will be returned to its existing condition. - see drawing. All permits, inspections and fees required for the proper installation of the sewer line will be obtained by Torres - Garcia Excavating llc from Pueblo Public Works Waste Water Dept., Pueblo Public Works Streets Dept. and Pueblo Regional Building. Our current schedule will allow us to begin this excavation as soon as possible, as the current sewer service line has major breaks and or problems under the dwelling and continued use will cause foundation settling and damage. - Our lead time to complete the repair / replace is 3 full working days. Best Regards, Timothy S.Simms cc: Michael Garcia Torres - Garcia Excavating LLC State Farm Fire and Casualty Company RENEWAL CERTIFICATE .... ::::::4 - 'a'i• •: �'ii�� : e =ii' ::. .L t E r :: : ::::!::i :::::: : ••.::::::T:J :'! �:::;r ! ,!i: }.i , !: a.!:::-:: L :::: :::::::::::'[ =`:zs:::: :!! Greeley, CO 80638 1565 Promontory Circle ._...:..:_, .......:.......:::..:......: .....:::.::::-,:::-:::::::::::::: i.::::::::::.,;,,...:.:...,,,.:..._. n...:.... . .......... . ....,:...• .....:.........• . Homeowners Policy FEB 25 2014 to FEB 25 2015 0-20. 1989 FAO8 H W F �,_._:zn !;....:...:!L,:,:u5,„ =:R::: _:::_'.:::::: € € ?: ::,;:::, :: 004029 0001 TO BE PAID BY MORTGAGEE SIMMS, TIMOTHY S 644 SCRANTON AVE Coverages and Limits PUEBLO CO 81004 -1637 Section! A Dwelling $141,300 Dwelling Extension Up To 18, 700 B Personal Property 105,975 C Loss of Use Actual Loss Sustai ned Deductibles - Section 1 All Losses 1.00% 1,413 .ocation: Same as Mailing Address . Section 11 L Personal Liability $300,000 Damage to Property of Others 500 M Medical Payments to Others 3,000 _oss Settlement Provisions (See Policy) (Each Person) k1 Replacement Cost - Similar Construction 31 Limited Replacement Cost - Coverage B =orms, Options, and Endorsements Homeowners Policy FP Jewelry and Furs $2,500/$5,000 OPT JF ncrease Dwlg up to $28 260 OPT ID Annual Premium $887.00 Drdinance/Law 10 %/ $14,130 OPT OL Sack -Up Dwell/Listed Property FE - 5706.3 Homeowners Policy Endorsement * FE premium Reductions Amendatory Endorsement FE - 2340 Civil Union Endorsement * FE - 8790 Home /Auto Discount 446.00 Claim Record Discount • 318.00 'Effective: FEB 25 2014 Inflation Coverage Index: 216.8 NOTICE: Information conceming changes in your policy language is included. Please call your agent if you have any questions. Please help us update the data used to determine your premium. Contact your agent with the year each of your home's utilities (heating /cooling, plumbing, or electrical) and roof were last updated. Moving? See your State Farm agent irU"" A ri . c S rW s, See reverse for important information. 16531 4018 I Ag t - STAN HER r REB Prepared JAN 02 2014 M3,H2,DR,NP,6E Telephone (719) 583 -8000