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