HomeMy WebLinkAbout1983-137-08/16/1983-GRANTING TO COLORADO STATE UNIVERSITY THE RIGHT TO CONSTRUCT AND INSTALL CONDUITS FOR ITS TELEPHONE RESOLUTION 83-137
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 referred to as "Uni-
versity") , has made application to the Council of the City of Fort Collins
(hereinafter referred to as "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 and install conduits for the operation
of its telephone communications system within the City of Fort Collins 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 Council of the City of Fort Collins 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 Colorado State University 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, oper-
ation and repair of telephone communication conduits in, through and across
the streets and alleys 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 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 con-
struction 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 desig-
nated at a depth of not less than thirty inches (30") from the surface of
said streets and alleys to the bottom of the trenches, and all in accor-
dance with the specifications of the City as set forth in Chapter 95,
Article I 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 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 University 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 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 inconven-
ience 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
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 health, safety or welfare of the City and its citizens
The University 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 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
rendered
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
-2-
1 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 installa-
tion, 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 Uni-
versity 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 00) which bond
shall continue in effect during the period of construction of said tele-
phone conduits, and for one (1) year following completion of said construc-
tion, 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
9 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
10 This resolution shall become operative when approved in writing by
the University, 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
16th day of Aucust , A D 1983
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