HomeMy WebLinkAbout1986-186-11/18/1986-FACILITY ROYAL PETROLEUM INC UNDERGROUND GASOLINE RECOVERY RESOLUTION 86-186
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING TO ROYAL PETROLEUM, INC.
THE RIGHT TO CONSTRUCT, INSTALL, MONITOR AND MAINTAIN AN
UNDERGROUND GASOLINE RECOVERY FACILITY IN CERTAIN RIGHTS-OF-WAY
WITHIN THE CITY OF FORT COLLINS AND IMPOSING CERTAIN
REGULATIONS WITH REGARD TO SAID CONSTRUCTION AND REQUIRING
A BOND FOR THE FAITHFUL PERFORMANCE THEREOF
WHEREAS, Royal Petroleum, Inc. , (hereinafter referred to as "the
Company") has made application to the Council of the City of Fort Collins
(hereinafter referred to as "the City") for issuance by the Council of a
revocable permit pursuant to Article XIII, Section 10 of the Charter of the
City of Fort Collins to construct, install , monitor and maintain an
underground gasoline recovery facility within the City of Fort Collins on
the rights-of-way as described on Exhibit "A" attached hereto in the City
of Fort Collins, Colorado; and
WHEREAS, the Council of the City of Fort Collins has determined that
it is reasonable and proper that the said revocable permit be granted to
the Company upon such conditions as are hereinafter imposed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Royal Petroleum, Inc. , be, and it hereby is, granted a
revocable permit pursuant to Article XIII, Section 10 of the Charter of the
City of Fort Collins for the purpose of construction, installation,
monitoring and maintenance of an underground gasoline recovery facility in,
through and across the rights-of-way of the City of Fort Collins as
hereinabove recited, according to the approximate location as shown on
Exhibit "A" attached hereto and made a part hereof, upon the following
terms and conditions:
1 . The right herein granted is not to be construed as a franchise,
but rather a revocable permit pursuant to Article XIII, Section 10 of the
Charter of the City for the construction, installation, monitoring and
maintenance of an underground gasoline recovery facility in the said
rights-of-way of the City. The granting of this permit does not guarantee
protection to the Company against injury or damage that might be done to
said underground gasoline recovery facility by reason of future
construction by the City or by any person or contractor working on behalf
of the City. Notwithstanding the foregoing, the City will use all due care
and caution to protect said facility. If, at any time, it is found that
any portion of said facility constitutes an obstruction to any City
construction work, the Company must promptly relocate or reinstall such
portion at its own expense.
2. Prior to commencement of construction, the Company shall submit a
recovery plan and final engineering drawings relating to the underground
gasoline recovery facility to the City and the Poudre Fire Authority for
review and approval . Construction shall only occur in accordance with such
approved plan and drawings. Such construction shall conform to the
requirements of Article I of Chapter 95 and Chapter 112 (as a significant
industrial user) of the Code of the City of Fort Collins.
3. The trench or trenches in which said facility is to be installed
shall be promptly backfilled, compacted and the surface restored with
materials and methods meeting the specifications of the City regarding
backfill and excavations all as set forth in Chapter 95, Articles I and II
of the Code of the City and as set forth in the Design Criteria and
Standards for Streets, as adopted by the City. The Company shall insure
against any future settlements of the backfill for the period of time in
which the facility remains in the trench.
4. Upon revocation of this permit or removal of the facility upon
completion of recovery, the Company shall remove the facility and all
gravel installed by the Company, fill the trench with soil similar to that
found adjacent to the trench and return the trench to its pre-construction
condition. The soil shall be backfilled, compacted and the surface
restored in accordance with paragraph 3, above. The Company shall insure
against any future settlements of the backfill for a period of one (1) year
following completion of said restoration of the surface of the right-of-way
designated herein.
5. The Company shall provide the City with a traffic control plan for
City review not less that one (1) week prior to the commencement of any phase of construction, including removal and restoration, which plans shall
meet the approval of the Traffic Engineer prior to the commencement of any
construction. Said plan shall remain in effect during all phases of
construction. All work shall be conducted by the Company in such manner as
to inconvenience the City and its citizens as minimally as possible and
shall fully comply with the traffic protection provisions as contained in
Chapter 95, Articles I and II of the Code of the City.
6. The City shall inspect, or have inspected, all work as it is being
performed by the Company, and the same shall be performed in accordance
with the requirements of the City insofar as the same affects the streets,
alleys, property or health, safety or welfare of the City and its citizens.
The Company may be required to pay the City for the time expended by the
City Engineer or his representatives in making said inspections, and,
provided further, that the City may, should it become necessary during the
time the facility remains in the trench or within one (1) year of removal
and restoration, recondition any street or alley where said excavation or
excavations were made or such portion of such street or alley as may be
reasonably necessary due to said excavation(s) , whereupon, the City may
charge the Company for the costs of the same and the Company shall
reimburse the City for any such costs within thirty (30) days of receipt of
any statement therefor properly rendered.
7. The Company shall reimburse any and all persons for any damage or
injury that may be sustained by them by reason of the construction of said
facility or any repairs made thereon, or due to the construction and usage
of said facility in said streets or alleys, or removal thereof.
8. The Company will , at all times, indemnify, save and hold harmless
the City from any and all claims, demands, suits, charges or liabilities
whatsoever against the City by reason of any negligence or other acts or
omissions of the Company or as a result of the construction, installation,
monitoring or maintenance of said facility. The Company shall further
protect and defend the City against all claims or demands as aforesaid.
9. The Company shall furnish to the City a good and sufficient
performance bond in the sum of Ten Thousand Dollars ($10,000.00) which bond
shall continue in effect during the period of construction, installation,
monitoring and maintenance of said facility and for one (1) year following
removal and restoration of said construction, and said bond shall guarantee
the fulfillment of all provisions, conditions and obligations as contained
in this resolution insofar as said resolution provides for the manner and
means of construction and the indemnification and defense of the City
against any loss or damage arising therefrom.
10. The permit herein granted is revocable and the City of Fort
Collins hereby reserves the right to revoke and cancel all rights herein
granted and to declare all rights under this resolution at an end.
11 . This resolution shall become operative when approved in writing by
the Company, and when the aforesaid bond so to be given is received and
accepted by the City.
Passed and adopted at a regular meeting of the City Council held this
18th day of November, A.D. 1986.
Mayor
ATTEST:
City Clerk
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