HomeMy WebLinkAbout13098RESOLUTION NO. 13098
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO JAN GORMAN FOR THE USE OF
THE RIGHT-OF-WAY LOCATED AT 109 WEST PITKIN AVENUE
FOR THE PURPOSE OF INSTALLING THE WATER SERVICE
LINE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Jan Gorman for the use of
the right-of-way located at 109 Pitkin Avenue for the purpose of installing a water 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: November 10, 2014
BY: Chris Nicoll
City Clerk’s Office Item # M-11
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: November 10, 2014
TO: Vice President Ami Nawrocki 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 JAN GORMAN FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 109
WEST PITKIN AVENUE FOR THE PURPOSE OF INSTALLING THE WATER
SERVICE LINE
SUMMARY:
Attached is an application for a revocable permit submitted by the Jan Gorman for the
installation of the water service line at 109 West Pitkin Avenue.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The water line that services the residence at 109 West Pitkin 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 water 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: Jan Gorman, 109 West Pitkin Avenue, Pueblo, CO
81003, (719)924-2884
2. Permitted Area: 109 West Pitkin Avenue
3. Purpose of Revocable Permit: Water Service Line
4. Authorized Improvements:
5. Commencement Date: October 27,2014 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 café, the Permittee and sidewalk café 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 I 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. L
Signed in Pueblo,Colorado this I 4'4 day of DdtbeAr ,20 111 .
PERMITTEE: (ill
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Title: 1 roinf-Afee
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.. '/
The foregoing instrument was acknowledged before me the /•<,/ day of doe- , 20/7 by
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APPROVED D airy '10th day of November
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y ' Disclaimer:This map/information has been produced by the City of Pueblo,Waste water Deportmen t,and Is far
♦° reference only.Data provided herein is derived from sources with varying levels of accuracy.The City of Pueblo
'•isclaims all responsibility for the accuracy or completeness of tha information contained herein.
Jan Gorman
109 W. Pitkin Ave.
Pueblo, CO. 81004
Oct. 14, 2014
City of Pueblo
Public Works Dept.
Pueblo, CO. 81003
Letter Of Intent
I am applying for an irrevocable permit to have my present
100 year-old water supply line replaced and relocated to the front of the
property. The line is presently leaking and can not be repaired. Where
the line is currently located is through two backyards and two vacated
alleys.
The new water supply line would run to the front of the house,
then run across 115 W. Pitkin to join the water main at the alley. The
water meter would then be relocated from down the alley to the front
of the property.
This work is to be completed by Cut Rate Sewer and Drain.
gA,g
Jan Gorman
FARMERIP 1S
INSURANCE
FARMERS NEXT GENERATION HOMEOWNERS POLICY DECLARATIONS
FARMERS INSURANCE EXCHANGE, LOS ANGELES, CALIFORNIA HOMEOWNERS
A Reciprocal company Replaces all prior Declarations,if any
TRANSACTION TYPE: OFFER OF RENEWAL Account number: J184740554
The Policy Period is effective as shown below and after the time for which applied.
POIi(Y NUMBLA POULY:PERIODTp,pogjogpri ISSUING OFFICE:
FROM: TO: STANDARD 11ME P.0. BOX 296
93638-25-75 10-12-2014 10-12-2015 12:00 NOON , 01 SHAWNEE MS, KS 66201
This policy will continue Tor successive policy periods, 41: (1) we elect to continue this insurance, and (2) if you pay the renewal premium for each
successive policy period as required by our rates,rules,forms and premium plans then in effect.
NAMED INSURED AND MAILING ADDRESS: LOCATION OR DESCRIPTION OF RESIDENCE PREMISES:
JAN A GORMAN (Same as mailing address unless otherwise stated.)
109 W PITKIN AVE
PUEBLO CO 81004-2020
COVERAGES•We insure you for the coverages and limits indicated as covered by a specific limit or other notation.Those Section I- Extensions of
Coverage and Section II-Liability Extensions of Coverage that are not shown below apply as described in the policy.
SECTION I PROPERTY SECTION 11 : (ABILITY
A DWRLU(G B SEPARATE S1RU!IIlRES C;;PERSONAL PROPEIt111 D loss Or USE E PERSONAL LIAl itlY # MEDICAL PAYM(N15 TO OThERS
Each Ocaarence Each Person
$99,000 $9,900 $74,250 $39,600 $300,000 $1,000
SECTION I EXTENSIONS OF COVERAGE SECTION11 :LIABILITY EXTENSIONS
OF cOYERAGE ANNUAL
IIIENOEO:IRPIACOAII(
t 05i COVERAGE A COST-OTVERAGEY. OR LAYV IOFNTITY FRAIlA COVERAGE PERSONAL IN1UR1PREMIUM
.05S ASSESSMENT
$24,750 COVERED 10% $30,000 NOT COVERED NOT COVERED $1,151.12
ENDORSEMENTS
!NDORSFMENTNUMBER EDITION NUMBER< DESOIIPl10N'
CO024A 2ED NGHO AMENDATORY ENDORSEMENT (POLICYHOLDER EXPLAINER)
J6263A 2ED SEWER AND DRAIN WATER DAMAGE COVERAGE ENDORSEMENT
J6898A lED ENDORSEMENT AMENDING GENERAL CONDITIONS
256258 704 COLORADO LOSS HISTORY NOTICE
C003OA lED AMENDATORY ENDORSEMENT
DISCOUNTS
AUTO/HOME DISCOUNT HAS BEEN APPLIED TO YOUR POLICY.
DEDUCTIBLES POLICYACTIYITT Do not pay - invoice sent separately
Deductible applicable to each covered loss:
5
Previous Balance
$1,000 1,151.12 Premium
ANY 90TA1' IAUIN[E OR
Fees* CREDIT $1:00 OR FESS WILL
BE APPLIED TO YOUR NEXT
BIWNG.
MAKS OVER
Payments or Credits 51.00ARE DUE UPON RE(BPI.
Total* INSURED PAYS
*SEE ADDITIONAL FEE INFORMATION BELOW
This Declarations page is part of your policy. It supersedes and controls Countersignature
anything to the contrary. It is otherwise subject to all other terms of the policy. _
AGENT: BRENT J. COZZOLINO (Pr
AGENT PHONE: (719) 543-9319 AGENT NUMBER: 07 06 51K Authorized Representative
56.5479 5111 EDITION 10-11 93638-25-75 (Continued on the Reverse Side) 08-19-2014 (5419511