Loading...
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 -1- 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, -2- 1 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 -3- i - g } 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. i y er - 1 STATE CF COLA'_ ADO } SS. COU_:TY OF L ZI'M ) ry TJ � 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. I