HomeMy WebLinkAbout022 - 09/13/1929 - GRANTING TO THE COLORADO-WYOMING GAS COMPANY THE RIGHT TO CONSTRUCT A PIPE LINE ON CERTAIN STREETS W }'
0 RDI ITAITCZ 1,0. 22 19 29 ,
12II:G AN ORDINAINE GR 1M1TG TO THE OLU.2AD0-'vdYOi:TIi'G GnS C0�1'AIdY,
A MMLIARE CORPURATTuIT, THE RIGHT TO CCITST-IUCT A PIPE LINE ON
C IzTAIN SIRE.NS 'aIT IIIT TrL
HE CORPORAT_Z LIT.-TITS OF TIM CITi' OF FORT
CCLLINS, AND I1 CSI14G C3RTAIN CH:-RGES AND REGULATICITS THEREFOR.
BE IT ORDAINED BY TIa CITY COUNCIL OF TEE C ITY OF roRT COLLITS:
Section 1. The riEht is hereby granted to The Colorado-
Wyoming Gas Company, a Delaware corporation, its successors and
assigns, hereinafter called the Company, to construct, maintain,
operate and remove a six inch gas pipe line within the City of
Fort Collins, upon the following streets: The pipe line will
enter the City limits at I.lilberry Street and Washin.-ton Avenue ,
thence North on Washington Avenue to Laporte Avenue, thence East
to Wood Street , thence North on Mood Street to the intersection
of said 'Uo�d Street with Cherry Street , thence East on Cherry
Street to the intersection with the present pipe line .
Section 2. The right herein granted is not to be con-
strued as a franchise , but merely a right for the construction
and operation of a gas pipe line in said streets, for the purpose
of transporting gas .
The � ranting of these construction and operation riots
does not guarantee protection to the Company against injury and
dama0e that mi ht be done to said pipe line by reason of future
construction by said City or by any person or contractor doing
construction work for said City.
If at any future time it is found that any portion of this
pipe line offers an obstruction to any City construction work, the
Company must promptly relay or rebuild such portion at their
expense.
Section 3. The pipe used in the construction of said pipe
line shall be of 8-5/8 inch 0 . D. steel pipe , '3/8 inch thick and
weighing 33.04 pounds per foot , and at no time shall it be
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burdened with a pressure beyond. 150 pounds per square inch.
Section 4. The pipe line shall be laid at least
feet below the existing surface of the streets and shall be laid so
as not in any wise to interfere with any part of the existing water
works or sewer system of the City, neither shall it interfere with
any of the pipe lines or conduits of public service companies
within said City.
Section 5. The trench in which said pipe line is laid
shall be promptly backfilled with the material excavated therefrom.
A tamping machine of an approved type shall tamp or compact all back-
fill in a thorough manner so that there will be no future set ,lement.
Any excess dirt shall be removed arid. the street left in as good a
condition as it was when construction• was begun.
Where said pipe line crosses a paved, graveled or surfaced
street, the Company shall replace the surface of the street with
the same material, as near as. riay be , as was used in paving,
surfacing, ,o-r graveling, and in such manner as is satisfactory
to the City Engineer .
The Company shall so conduct their work that the excavation,
laying of pipe , and backfilling shall be properly correlated to
insure prompt .return of the street to its full use . Under no cir-
cumstances shall there be more than one thousand feet of open
trench. At all streets and alleys a ten foot driveway over
trenches must be provided for traffic. Provision must be made to
permit a reasonable use of private driveways . All work must be so
conducted so as to inconvenience the City and citizens as little
as possible.
Section 6. The City Engineer shall inspect or have
inspected all work as it is being done by said Company, and the
same shall be done in accordance with the requirements of the said
City Engineer insofar as the same shall effect the streets,
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alleys, property and health of the 'City of Fort Collins and its
citizens . The exact location of pipe line will be designated by
the City Engineer. The Company shall pay the City of Fort
Collins for the time of the City Engineer and his inspectors in
making said inspections ; and provided, further, that the City
through its Engineering Department may, in its discretion, resur-
face and recondition any paved, graveled, surfaced or graded
streets and charge the expense thereof to the said Company, which
the said Company will promptly pay upon bills properly rendered.
Section 7. For the right to build said pipe line on
said streets the Company shall pay to the City of Fort Collins
the sum of ti,100,00 at the time work is begun on said pipe line,
and thereafter the Company shall pay to the City of Fort Collins
the sum of �350.00 per annum beginning January 1, 1930, and con-
tinning each and every year thereafter while the pipe line or any
portion thereof is in use.
Section 8. The said Company shall reimburse any and all
persons for any damage which may be sustain d by them by reason of
the construction of said pipe line or any repairs made thereon, or
for any other reasons due to the existence of the pipe 1 .ne in
said streets.
Section 9. The said Company will at all times protect the
City of Fort Collins against any and all claims, demands , suits,
charges or expense made against said City by reason of any negligence
or other acts of omission or commission, or for any other reason,
caused by the s aid Company while this ordinance is in force and
effect, and will protect and defend said City against all claims
or demands.
Section 10. The Company shall furnish to the City of
Fort Collins a good and sufficient surety company bond in the sum
of d20,000.00 , which bond shall run during the period of construction
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of said pipe line , and said bond shall guarantee the fulfillment
of all the provisions and obligations of this ordinance insofar
as said ordinance provides. for the manner and means of construction.
Section 11. The Company shall pay the expense of the
publication of this ordinance.
Section 12. The r4-Sht herein granted is revocable and the
City of Fort Collins hereby reserves the right to revoke and cancel
all rights herein tr anted and to declare all rights under this
ordinance at an end.
Introduced, read and ordered published this 23rd day of
Ausust , A. D. 1929.
Passed and adopted V is 13th day of September ,
A. D. 1929.
ommiss o_ sr or SaTe .x- , =icio .ayor.
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STATE CF COLA'_ ADO }
SS.
COU_:TY OF L ZI'M )
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I, �:. J. ..Cu.::;�.1�, City Clerk of the City of port
Collins , do hareby certify and declare that the foregoing ordinance
consisting of twelve (12) sections , was duly proposed and read at
length at a rem lar meeting of, the City Council held on the 23rd
day of August , A. D. 1929, and was duly ordered by aye
and nay vote to be published once in full in the Fort Collins
Express-Courier, a daily newspaper of the City of Fort Collins , in
accordance with the provisions of Section 7 of .article IV of the
City Charter; and that thereafter , and on to-wit. the 13th day of
Seg_tPmbPr , A. D. 1929, at a regular meeting of the
City Coaiicil the said ordinanc a cob beffore said Council upon its
fi;.al passa;_;e , a period o£ more than ten days Navin, elapsed sine e
its publication as above sat forth, and that said ordinance was
upon second reading adopted as an ordinance, and thereafter and
on to-wit : the 17th day of September , A. D. 1929 ,
said Crdinance Fio. 22 as finally ,passed aid adopted was duly
published in the Tort Collins 2xpress-Ccurier, ad aily newspaper
published in the said City of Fort Collins , Colorado.
�Td 4lII1,.3wS ,J.T" ECF, I have h;reunto set my hand this
17th day of September , A. D. 1929 .
I y Clerk.
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