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HomeMy WebLinkAbout1992-029-02/18/1992-COLORADO STATE UNIVERSITY CONDUITS REVOCABLE PERMIT TELEPHONE SYSTEM RESOLUTION 92- 29 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING TO COLORADO STATE UNIVERSITY THE RIGHT TO CONSTRUCT AND INSTALL CONDUITS FOR ITS TELEPHONE SYSTEM ON CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT COLLINS AND IMPOSING CERTAIN REGULATIONS WITH REGARD TO SAID CONSTRUCTION AND REQUIRING A BOND FOR THE FAITHFUL PERFORMANCE THEREOF WHEREAS, Colorado State University (hereinafter "the University") has made application to the Council of the City of Fort Collins ("hereinafter referred to as "the City") for issuance by the City of a revocable permit pursuant to Article XI, Section 10 of the Charter of the City of Fort Collins, to construct and install conduits for the operation of its telephone communications system within the City on the streets, alleys and rights-of-way as described on Exhibit "A, " attached hereto, all in the City of Fort Collins, Colorado; and WHEREAS, the City has determined that it is reasonable and proper that the said revocable permit be granted to the University upon such conditions as are hereinafter imposed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the University be, and it hereby is, granted a revocable permit pursuant to Article XI, Section 10 of the Charter of the City for the purpose of construction, installation, operation and repair of telephone communication conduits in, through and across the streets and alleys of the City as hereinabove recited, according to the approximate location as shown on Exhibit "A, " 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 XI, Section 10 of the Charter of the City for the construction and operation of conduits through which to operate the telephone communications system of the University in the said streets and alleys of the City. The granting of this permit does not guarantee protection to the University against injury or damage that might be done to said telephone communication conduits 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 conduits. If, at any time, it is found that any portion of said conduits constitutes an obstruction to any City construction work, the University must promptly relocate or reinstall such portion at its own expense. 2. Said conduits, together with the concrete protection apron which overlays them, if any, shall be laid in the streets and alleys so designated at a depth of not less than thirty (30) inches from the surface of said streets and alleys to the bottom of the trenches; and all in accordance with the specifications of the City as set forth in Chapter 23, Article II of the Code of the City. 3. The trench or trenches in which said conduits are to be laid 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 23, Article II of the Code and as set forth in the Design Criteria and Standards for Streets, as adopted by the City. The University shall ensure against any future settlements of the backfill for a period of one (1) year following completion of said restoration of the surface of the streets and alleys designated herein. 4. The University shall provide the City with a traffic control plan for City review not less than one (1) week prior to the commencement of any phase of construction, which plans shall meet the approval of the Director of Transportation Services 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 University 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 23, Article II of the Code of the City. 5. The City shall inspect, or have inspected, all work as it is being performed by the University, and the same shall be performed in accordance with the requirements of the City insofar as the same affects the streets, alleys, property or the health, safety or welfare of the City and its citizens. The University may, in the discretion of the City, 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 within one (1) year of the time said work is fully installed, 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 University for the costs of the same, and the University shall reimburse the City for any such costs within thirty (30) days of receipt of any statement therefor properly tendered. 6. The University shall reimburse any and all persons for any damage or injury that may be sustained by them by reason of the construction of said conduits or any repairs made thereon, or due to the construction and usage of said conduits in said streets or alleys. 7. The University 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 University or as a result of the installation, maintenance, operation or usage of said telephone communication conduits during the term of this permit and thereafter as long as said conduits are to remain in existence in said streets or alleys. The University shall further protect and defend the City against all claims or demands as aforesaid. 8. The University shall furnish to the City a good and sufficient performance bond in the sum of Ten Thousand Dollars ($10,000) , which bond shall continue in effect during the period of construction of said telephone conduits and for one (1) year following completion 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. 2 9. The permit herein granted is revocable, at the pleasure of the City Council , and the City hereby reserves the right to revoke and cancel all rights herein granted and to declare all rights under this Resolution at an end. 10. This Resolution shall become operative when approved in writing by the University and when the aforesaid bond so to be given in received and accepted by the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of February, A.D. 1992. ayor ATTEST: L City Clerk �l 3 EXHIBIT A REVOCABLE PERMIT City of Fort Collins FOR C S U TELEPHONE Engineering Department CONDUITS 2 9 3 3 }7 e o I � PROPOSED }} EXISTING a � z] z n N 26 � A 2 � N 2 2 2 39 � 5 4 40 23 I] 2 I 2 0 9 6 21 18 S" WEST PLUM STREET NE6V (2J 4" PVC EXIST/NO EX/S rlAG (�2) 4` PVC —c SCH90" 36` OEEP MANHOLE SC/]:60 36"DEEP No Scale February 1992 Prepared by JRH