HomeMy WebLinkAbout861392.tiff AR 2054079
ORDINANCE NO. 143
IN THE MATTER OF REGULATING THE INSTALLATION AND CONSTRUCTION OF
MiV LINES OF TELEGRAPH, TELEPHONE, ELECTRIC LIGHT, WIRE OR POWER OR
a - PIPELINES ALONG, ACROSS, UPON, AND UNDER WELD COUNTY ROAD
FIGHTS-OF-WAY
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oti BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
3 COUNTY, COLORADO:
o Ri
o WHEREAS, the Board of County Commissioners of the County of
p Weld, Colorado, pursuant to Colorado Statute and the Weld County
U Home Rule Charter, is vested with the authority of administering
r a the affairs of Weld County, Colorado, and
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WHEREAS, pursuant to §38-5-101 , CRS , Weld County must permit
rx any domestic or foreign telegraph, telephone, electric light
L a power, gas, or pipeline company authorized to do business under
coo the laws of the State of Colorado or any city or town owning
o z electric power producing or distribution facilities the right to
w construct lines of telegraph, telephone, electric light, wire or
L h power or pipeline along, across, upon, and under any County road
o a right-of-way, and
ro w WHEREAS, the Board of County Commissioners of Weld County may
regulate said installation and construction to ensure that said
0 2 lines do not obstruct or hinder the usual travel on such road
NRC rights-of-way.
0
CJ a NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado:
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rri o ARTICLE 1
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GENERAL PROVISIONS
Section I - Purpose and Intent
(1) To insure that the installation and construction of
lines of telegraph, telephone , electric light, wire or power, gas,
or pipelines along, across , upon, and under any Weld County road
rights-of-way do not obstruct or hinder the usual travel upon such
rights-of-way.
(2) To insure that said installation and construction is
done in a manner which provides for the safety of the traveling
public upon said rights-of-way and in a manner which prevents
damage to said rights-of-way.
2 /./,/ 861392
ORDINANCE NO. 143
PAGE 2
(3) To enable the Weld County Engineering Department to be
apprised of the location of said lines along, across, upon and
n o under said rights-of-way and to provide for the marking of the
v same.
•
N o Section II - Authority
w This Ordinance is adopted pursuant to Section 38-5-101 , CRS.
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o a Section III - Definitions
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a (1) "Contractor" : Any party performing the installation and
o construction for a Permittee who obtains a Permit pursuant to this
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• Ordinance. A Permittee may be a Contractor under this definition.
(2) "Lines" : Lines of telegraph, telephone , electric light ,
x• wire or power or pipelines.
v:) o (3) "Permittee" : The owner and/or operator of any lines to
be installed and constructed upon any Weld County road
N H right-of-way and who has obtained a Permit pursuant to this
E Ordinance.
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w Section IV - Applicability
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ro w (1) These regulations apply to permits to install and
,n z construct lines of telegraph, telephone, electric light, wire or
power, gas, or pipelines along, across , upon, and under any Weld
• County road rights-of-way.
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a Section V - Relationship to Other Regulations
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co (1) Nothing in these regulations shall be construed as
o exempting an applicant for a permit from any other requirements of
this jurisdiction or other State or Federal laws.
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(2) To the extent that the requirements of this Ordinance
differ from any other applicable requirements , the more
restrictive requirements shall apply.
ARTICLE 2
Permits , Administration, and Enforcement
Section I - Delegation of Authority
The Board of County Commissioners of Weld County, Colorado,
hereby delegates its authority , pursuant to Section 38-5-101 , CRS,
ORDINANCE NO. 143
PAGE 3
to regulate the installation and construction of lines of
telegraph, telephone, electric light, wire or power or pipelines
along, across, upon and under any Weld County road rights-of-way
r, 0 to the Weld County Engineer and his employees.
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Section II - Permit Required
ca (1) No person shall install or construct lines of telegraph,
a telephone, electric light, wire or power or pipeline along,
o 3 across , upon, and under any Weld County road rights-of-way without
o CO first obtaining a permit from the Weld County Engineer for such
.nw use.
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(2) Any domestic or foreign telegraph, telephone, electric
r a light power, gas or pipeline company authorized to do business
under the laws of the State of Colorado or any city or town owning
o ° electric power producing or distribution facilities may obtain a
r' a permit, pursuant to this Ordinance, to install and construct lines
• of telegraph, telephone , electric light , wire or power or pipeline
m U along, across , upon, and under any Weld County road rights-of-way.
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N H (3) Said permit shall address the following, and shall be
• E, substantially in the form of the permit which is attached hereto
o to• and which is referred to herein as Exhibit "A" :on r w (a) Completion date of all installation and
o w construction work permitted.
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cv 4 (b) Submittal of plan drawings showing the positions of
o lines to be installed or constructed.
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rot 0 (c) Surety bond or other security for the total amount
required to restore the rights-of-way.
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(d) Insurance policies provided by the Permittee and/or
Contractor naming Weld County as an "Insured. "
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(e) Marking of lines.
(f) Recording of the location and type of lines
installed or constructed.
(g) Shutoff of lines and the removal of all combustible
materials from the rights-of-way when requested by
Weld County, Colorado, because of necessary highway
construction and/or maintenance operations.
(h) Removal or relocation of lines installed or
constructed on Weld County road rights-of-way at
ORDINANCE NO. 143
PAGE 4
the permittee' s expense because of changes made to
said roadways or their appurtenances within the
rights-of-way.
mo
r v (i) Notification to the Weld County Engineering
Department of the desire or need to close
rights-of-way during installation and construction.
A (j ) Provision of all necessary signs and barricades in
0 accordance with the Manual on Uniform Traffic
o x Control Devices and its latest Colorado Supplement
vow in order to warn oncoming motorist of any
a installation and construction work or closure.
r (k) Maintenance of traffic upon rights-of-way during
r installation and construction.
� a4 (1) Prohibition of cleated or track equipment working
upon asphalt surfaces without mats.
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(m) Return of all disturbed portions of rights-of-way
CNI H to their original condition.
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o z (n) Removal of all materials used in the installation
and construction at the end of each work day.
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o w (o) Restriction of the cutting of asphalt surfaces.
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(p) Means to facilitate future line location when
nonferrous lines are installed in any rights-of
u a way.
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(q) Placement of gravel surfaces where any damage has
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,� 6 occurred to the rights-of-way surface from
r"° equipment, trenching, or storage of material.
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G° L" (r) Encasement of lines from toe of slope to toe of
slope under all paved roads , intersections , and
approaches , unless otherwise stated.
(s) Positioning of manholes and other points of access
to underground lines within rights-of-way.
(t) Damage and replacement of drainage facilities or
siphons.
(u) Restriction of the installation of above ground
appurtenances , including but not limited to meters ,
ORDINANCE NO. 143
PAGE 5
launchers , receivers, and/or valve stations within
the rights-of-way.
(v) Requirement of thrust blocks on all vertical and
horizontal bends in water pipes.
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(w) Removal of any wet or incompactible materials
o produced from excavations from the rights-of-way
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o and the replacement of the same with compactible
materials.
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0 3 (x) Complete road restoration.
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ti>w (y) Prohibition of the cutting or damaging of culverts,
drain lines, utility lines, or any other
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installations within the rights-of-way.
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(z) Prohibition of line installation or construction
when the ground is frozen to a depth which will
cause damage to the rights-of-way as determined by
the Weld County Engineer.
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(aa) Underground lines installed and constructed with a
H minimum of three (3) feet of groundcover.
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o CO (bb) Spreading of gravel over the road surfaces upon
w completion of the line installation or
r construction.
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Z (cc) The understanding that all line installation and
N z construction is to be performed at no expense
whatsoever to Weld County, Colorado.
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(dd) The understanding that the Permittee shall own,
maintain, and operate any line installed or
M m constructed.
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(ee) Agreement for indemnification.
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(ff) The right of Weld County to order the Permittee to
stop work.
(gg) The right to revoke by Weld County.
(hh) Venue in any civil court action brought pursuant to
the permit or this Ordinance shall be in Weld
County.
(ii) Setting of fees.
ORDINANCE NO. 143
PAGE 6
(4) Grounds for denial of permit
Any application for permit pursuant to this Ordinance
shall be denied if, in the opinion of the Weld County Engineer,
fn o
U the applicant has failed to cooperate in providing any information
requested by said Engineer or in providing the surety bond and
1Do insurance referred to above . If the Weld County Engineer denies
o the permit, the applicant may submit a written appeal within ten
a (10) days after the denial to the Board of County Commissioners of
Weld County, Colorado, for a hearing to consider whether the
o
• Engineer was in error in denying said permit and whether said
o}w permit should be approved.
o (a) Within twenty (20) days after receiving a written
appeal , the Board of County Commissioners shall set
r a a date for hearing. At the hearing, the applicant
may be present and testify and present evidence on
his behalf if he so desires. Said hearing shall be
de novo and the burden of proof shall rest upon the
1oa Weld County Engineer.
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o z (b) The Board of County Commissioners shall approve
w said permit if the applicant proves to said Board
that he or she shall provide the requested
a information to the Weld County Engineer and provide
a the bond and insurance referred to above.
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(5) Weld County may, at its option , hire inspectors on major
o Z projects to inspect the work done pursuant to the permit.
Whenever such an inspector is hired, the Permittee shall pay the
a direct expense of such inspection.
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CFI Section III - Enforcement Provisions
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(1) The Weld County Engineer shall have the right to order
" o the Permittee to stop work any time said Engineer believes that a
a4 w violation of his permit has occurred or if there is a danger to
the public safety if the work continues. If the Engineer orders
the Permittee to stop work, the Permittee may submit a written
appeal within ten (10) days after receiving the Engineer' s order
to the Board of County Commissioners of Weld County, Colorado, for
a hearing to consider whether the order to stop work was in error
and whether the Permittee should be allowed to continue with said
work.
(a) Within five (5) days after receiving an appeal, the
Board of County Commissioners shall set a date for
a hearing. At the hearing, the Permittee may be
present and testify and present evidence on his
ORDINANCE NO. 143
PAGE 7
behalf if he so desires. Said hearing shall be de
novo and the burden of proof shall rest upon the
Weld County Engineer.
(b) The Board of County Commissioners shall reverse the
rn U order to stop work if the Permittee proves that
o said order was in error and was unnecessary or if
N o the Permittee agrees with said Board to remedy the
v defects or problems which prompted the stop work
order.
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o (c) If the Board of County Commissioners decides to
o w uphold the Engineer' s order to stop work, the
permit under which said work was permitted shall be
deemed to be revoked. Upon revocation , the
acquisition of a new permit and payment of all fees
N a required therein shall be necessary in order for
work upon the project to continue.
a (2) The Board of County Commissioners may revoke any permit
a issued pursuant to this Ordinance at any time should the Permittee
1/4ow t) and/or Contractor fail to comply with any of the requirements of
o z the permit. Upon revocation, the acquisition of a new permit and
CV w payment of all fees required therein shall be necessary in order
F for work upon the project to continue.
Section IV - Penalties
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� w (1) Criminal penalty:
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in Z (a) Any person, firm, or corporation violating this
Ni KC Ordinance shall be punished by a fine of not more
o than three hundred dollars ($300) or by
U a imprisonment in the Weld County Jail for not more
a than ninety (90) days, or by both such fine or
M M imprisonment. Each day during which such illegal
activity continues shall be deemed a separate
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o offense.
(2) Civil remedies:
(a) In the case of any violation of any provision of
this Ordinance, the Weld County Attorney, or where
the Board of County Commissioners deems it
appropriate, the District Attorney, in addition to
any other remedies provided by law, Ordinance, or
Resolution, may institute an injunction, mandamus,
abatement, or other appropriate action or
proceeding to prevent, enjoin, and/or abate the
activity which is in violation of this Ordinance.
ORDINANCE NO. 143
PAGE 8
(3) In the event any Weld County road right-of-way is
damaged by the installation and construction permitted and said
damage is not repaired by the Permittee and/or Contractor, then
Weld County shall:
o (a) Notify the Permittee and/or Contractor that said
U damage must be repaired by the Permittee and/or
Contractor within a reasonable period of time as
co O determined by the Weld County Engineer.
(b) If the Permittee and/or Contractor does not repair
0 3 said damage within the reasonable time as
determined by the Weld County Engineer pursuant to
a
yr al subparagraph a above, then the Permittee and/or
a Contractor shall forfeit its surety bond in order
o to pay for the repair of said damages.
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r x (c) Weld County shall have the right to bill the
0 Permittee and/or Contractor for an additional
twenty-five percent (25%) of the remedial cost as
an administrative fee for effectuating said repair.
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2 ARTICLE 3
N H
W
o Severability
rn (1) If any section, subsection, paragraph, sentence, clause
o w or phrase of this Ordinance is , for any reason, held or decided to
be invalid or unconstitutional, such decision shall not affect the
Nz validity of the remaining portions.
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(2) The Board of County Commissioners of Weld County,
aColorado, hereby declares that it would have passed this Ordinance
and each and every section, subsection, paragraph, sentence,
m v clause and phrase thereof irrespective of the fact that any one or
LO HI more sections, subsections, paragraphs , sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
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ARTICLE 4
Liability
This Ordinance No. 143 shall not be intended to create a
civil cause of action against the Board of County Commissioners of
Weld County, Colorado, the Weld County Engineer, or any other
persons that may administer this Ordinance No. 143 in any manner.
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0 Gai ORDINANCE NO. 143
0 3 PAGE 9
o fY
t/}cal
a ARTICLE 5
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a Effective Date
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BE IT FURTHER ORDAINED by the Board of County Commissioners
r-i • of Weld County, Colorado, that this Ordinance No. 143 shall become
• effective five (5) days after its final public notice, in
k.0 ,4
accordance with Section 3-14 (2) of the Weld County Home Rule
co
o z Charter.
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The above and foregoing Ordinance No. 143 was, on motion duly
ocn a made and seconded, adopted by the following vote on the 19th day
• of May, A. D. , 1986 .
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o w P g ,> Q� _ _ f ✓ BOARD OF COUNTY COMMISSIONERS
N z ATTE r '[j k/L/J ('yam. �i/Wn WELD COUNTY, COLORADO
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No Wet sequnty Clei"k land Recorder \ �_ \ �• �.� �_.
u a and 1'drie to th&P47atd J. cqu • n= Jo n on Chairman
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By; G•r. .. t Lac , • Tem
HI 1D eputy County erk
,� o �o? l /�✓tl/.'ice _
w w APPR VED AS TO FORM: ene R. Bran er
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R.
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County Attorney /��<����>�"
Frank Yamag i
Second Reading: May 5 , 1986
Published: May 8 , 1986 , in the Johnstown Breeze
Final Reading: May 19 , 1986
Published: May 22 , 1986 , in the Johnstown Breeze
Effective: May 27 , 1986
Fee Permit No.
Receipt No.
Date Issued
Date Start
Est. Completion Date
WELD COUNTY, COLORADO
PERMIT FOR INSTALLATION AND CONSTRUCTION OF LINES OF TELEGRAPH,
TELEPHONE, ELECTRIC LIGHT, WIRE OR POWER OR PIPELINES
ALONG, ACROSS, UPON, AND UNDER WELD COUNTY ROAD RIGHTS-OF-WAY
DEFINITIONS:
1. "Contractor": Any party performing the installation and construction for a Permittee who obtains a Permit
pursuant to this Ordinance. A Permittee may be a Contractor under this definition.
2. "Lines": Lines of telegraph, telephone, electric light, wire or power or pipelines.
3. "Permittee": The owner and/or operator of any lines to be installed and constructed upon any Weld County
right-of-way under this Permit.
4. "Weld County": All inspectors, agents, and employees of Weld County, Colorado, for the purposes of this
Permit. All inquiries or writings to Weld County should be directed to the Office of the Weld County
Engineer, P. 0. Box 758, Greeley, Colorado 80632, (303) 356-4000, extension 4750.
NAMED PARTIES:
1. Permittee's Name: Phone:
Address:
(a) Name of Permittee's authorized agent:
Phone: Address:
2. Contractor's Name: Phone:
Address:
(a) Name of Contractor's authorized agent:
Phone: Address:
PERMIT:
Permittee is hereby permitted to install and construct a
line along or across Weld County Road at the following locations:
according to the following requirements.
PERMIT REQUIREMENTS:
1. The installation and construction of the lines upon the Weld County rights-of-way permitted herein shall be
completed within days of the date of issuance of this Permit. Permittee and/or Contractor must
inform Weld County of the start date of all installation and construction. If Permittee and/or Contractor
intend to perform any work on said lines on any Saturday or Sunday, Permittee and/or Contractor must inform
Weld County of such intention in writing. Any request for an extension of the time for completion, as
stated above, must be made to Weld County prior to the required completion date.
2. Permittee and/or Contractor must submit plan drawings which must show the positioning of the lines to be
installed or constructed on the rights-of-way. Permittee and/or Contractor shall ascertain the location of
all existing utility lines along the rights-of-way. All drawings must also show existing utility lines,
culverts, ditches, and obstructions along the rights-of-way in relation to the lines to be installed and
constructed. If it becomes necessary to change the location of the proposed lines, a new plan drawing must
be submitted and approved before the installation and construction may continue.
3. Permittee and/or Contractor shall provide a surety bond or other security for the total amount required to
restore the rights-of-way upon which the projected lines are to be installed or constructed, based upon
current Weld County contract prices for the performance of such work. Said security shall remain in effect
for a period of eighteen (18) months after all installation and construction of said lines have been
completed. The amount of the security shall be established by the Weld County Engineer.
4. Permittee and/or Contractor shall secure and maintain insurance policies that will protect himself, his
subcontractors, and Weld County from claims for bodily injury, death, or property damage, which may arise
from the installation and construction contemplated herein, or caused by the lines which are installed and
constructed as permitted herein. Weld County, Colorado, c/o the Board of County Commissioners of the
County of Weld, 915 Tenth Street, Greeley, Colorado 80631, must be named as an "insured" upon said
insurance policies. The following insurance policies are required:
(1) Statutory workman's compensation.
(2) Contractor's public liability and property damage in the following sums:
Bodily Injury:
Each person $150,000.00
Each accident $400,000.00
Property Damage:
Each accident $100,000.00
Aggregate $300,000.00
(3) Automobile public liability and property damage:
B 1113 REC 02054079 05/20/86 10: 17 $0. 00 10/013
F 0696 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 4 Pages
Bodily Injury:
Each person $100,000.00
Each accident $300,000.00
Property Damage:
Each accident $300,000.00
Certificates of Insurance and copies of insurance policies shall be supplied on application for a Permit,
or the originals of said insurance policies shall be on file with the Weld County Engineering Department.
Said Certificates of Insurance shall contain a thirty-day written notice of cancellation in favor of Weld
County, Colorado. Said insurance must be in force during the period of installation and construction
contemplated herein and for a period of eighteen (18) months thereafter.
5. Permittee and/or Contractor shall mark all lines installed or constructed herein with markers acceptable to
Weld County, Colorado. Permittee and/or Contractor shall place a minimum of two markers per mile along
said lines, a marker at each end of any bridge or ditch crossing which the lines are installed or hi tJJ
constructed upon, a marker at each side of any road which is crossed by said lines. o H
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6. As a reminder only, every owner or operator of underground facilities, or association of such owners or 1-`
operators, must file statements with the Weld County Clerk and Recorder, in accordance with Section "A to
9-1.5-103(1), or Section 9-1.5-105, CRS. The Permittee and/or Contractor should notify, prior to the ZPZI
making or beginning excavation, all owners, operators, or association of owners and operators having yolxJ
underground facilities in the area of such excavation, in accordance with Section 9-1.5-103(3), CRS. Z
7. Permittee and/or Contractor shall be required to shut off lines and remove all combustible materials from Ds
the Weld County rights-of-way contemplated herein when requested to do so by Weld County, Colorado, because Z o
of necessary highway construction and/or maintenance operations. Z u'
8. In the event any changes are made in the future to the roadway or its appurtenances within the ri
rights-of-way contemplated herein that would necessitate removal or relocation of the lines installed or q io
constructed herein, Permittee shall do so promptly at their own expense upon the written request from Weld 1
County, Colorado. co
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9. Traffic shall be maintained on all rights-of-way. Flagmen shall be provided at any locations where the cj
orderly flow of traffic is interrupted. H n'
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10. The Permittee and/or Contractor shall provide all necessary signs and barricades in accordance with the n
Manual on Uniform Traffic Control Devices and its latest Colorado Supplement in order to warn oncoming t' m
motorists of any installation or construction work.
11. If a Permittee and/or Contractor must close a right-of-way during installation and construction, permission x ~o
shall be obtained from the Weld County Engineering Department at least 24 hours in advance so the q, ..
appropriate actions may be taken to effect such closure.
12. No cleated or track equipment may work on or move over asphalt surfaces without mats.
13. All disturbed portions of rights-of-way are to be returned to their original condition at a time designated 'sJ
by Weld County. If not, Weld County will perform or contract such remedial work and Permittee shall.
forfeit its surety bond in order to pay for all work done. The Permittee shall be billed by Weld County 7d o
for an additional twenty-five percent (25%) of the remedial cost as an administrative fee in effectuating
such remedial work. E 0
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14. At the end of each day during the installation and construction.: rU
(a) All materials must be removed from the traveled portion of the rights-of-way. O
(b) All excavations upon the traveled portions of the rights-of-way must be back filled.
(7 H
(c) All materials and excavations off the traveled portions of the rights-of-way must be properly signed, 0 w
in accordance with the Manual on Uniform Traffic Control Devices, and its latest Colorado supplement.
15. Under no condition are asphalt surfaces to be cut unless otherwise specified in the "Special Requirements"
section of this Permit.
16. The installation of non-ferrous lines in any right-of-way shall require a suitable means to facilitate
future line location, such as metallic warning tape installed above the line.
17. Permittee and/or Contractor shall place gravel on all surfaces where any damage has occurred to the road
surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas,
depth of new gravel, and timing for the placement of said gravel.
18. On gravel roads where excavation is done in the road surfaces or excavation materials are stacked on the
road surfaces, road base of 300 tons of 3/4 inch crushed gravel meeting the Colorado Highway Department
specifications for Class 6 gravel per mile shall be spread over the road surfaces upon completion of the
work. Shoulders on paved roads where excavation is done shall require 100 tons per mile upon completion.
These amounts are to coat the road surfaces and do not supersede any requirements within the permit.
19. Encasement of lines shall be required from toe of slope to toe of slope under all paved County roads,
intersections, and approaches, unless otherwise specified in the "Special Requirements" section of this
Permit.
20. Manholes and other points of access to underground lines are to be permitted within the rights-of-way only
when such manholes or other points of access are located beyond the shoulder of the through traffic
roadways and do not obstruct maintenance operations within the rights-of-way.
21. Above ground appurtenances, including, but not limited to meters, launchers, receivers, or valve stations
shall be allowed within the rights-of-way only upon the approval of the Weld County Engineer, as specified
in the "Special Requirements" section of this Permit.
22. Thrust blocks shall be required on all vertical and horizontal bends in water pipes.
23. If any wet or incompactible materials are produced from excavations, they shall be completely removed from
the rights-of-way and replaced with compactible materials. The right-of-way shall then be returned to the
original grades and cross sections. Weld County will have the authority to determine what materials shall
be discarded and what materials shall be acceptable as replacement.
24. Complete road restoration including, but not limited to, clean-up, repair of damaged facilities, trench
compaction, and replacement of gravel shall be kept within one (1) mile of new excavation. Backfilling
lifts greater than eight (8) inches, but not exceeding eighteen (18) inches, shall be permitted, providing
Page 2 of 4 Pages
that the Permittee and/or Contractor has suitable equipment to properly compact the depth of lift placed.
Weld County shall determine if the Permittee and/or Contractor's equipment and the depth of backfill lift
is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or
in replacement of any materials within the traveled portion of the rights-of-way. Eighty-five percent
(85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off
the traveled portions of the rights-of-way.
25. No culverts, irrigation structures, drain lines, utility lines, or any other facilities within the
rights-of-way are to be cut or damaged. In the event the Permittee and/or Contractor inadvertently damages
a facility within a right-of-way, the Permittee and/or Contractor must first notify the owner of the
damaged facility, and the Permittee and/or Contractor must either immediately repair and replace the
damaged facility or pay for the owner to repair and replace the same, in accordance with the desires of the
owner. All damaged facilities are to be inspected by Weld County before being concealed in any manner.
Drainage and borrow ditches are to be restored to original condition immediately after backfilling is
completed. It is the duty of the Permittee and/or Contractor to anticipate all underground obstructions by to
such as culverts, irrigation structures, drain lines, or utility lines. The Permittee and/or Contractor
agrees to save and hold harmless Weld County from any claim, either directly or indirectly, for any damages 0 r
to any and all culverts, irrigation structures, drain lines, utility lines, or any other facilities within 1.1 i'
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the rights-of-way which are cut or damaged. co
26. No installation or construction is to be performed when the ground is frozen to a depth which will cause
damage to the rights-of-way as determined by the Weld County Engineer. (7
27. All underground lines installed or constructed within County rights-of-way shall have a minimum of three o
(3) feet of groundcover.
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28. Special Requirements: ,p
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COST TO WELD COUNTY:
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Permittee and/or Contractor fully understand that all line installation and construction will be performed at no
expense whatsoever to Weld County. n W
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OWNERSHIP AND MAINTENANCE:
xH
Permittee shall own, maintain, operate, and repair any line installed or constructed herein in accordance with 0
the regulations, conditions, and terms of this Permit. 2' "
INDEMNIFICATION: V -4
Permittee and/or Contractor, their agents, employees, subcontractors, and assigns, shall agree to hold Weld 0
County, Colorado, the agencies thereof, and their officers and employees harmless from any and all loss and ty
damage or any claims, including any consequential damages, which may arise out or be connected with the min
construction, installation, maintenance, alteration, removal, or presence of the lines installed and constructed o
herein referred to or any work or facility connected therewith within the area covered by this Permit; excluding
any such loss and damage or any claims, including any consequential damages which may be caused solely by the g o0
negligence of Weld County, the agencies thereof, or its officers and employees.
b
STOP WORK:
CJ
ON
Weld County shall have the right to order the Permittee and/or Contractor to stop work anytime Weld County �
believes that a violation of this Permit has occurred or if there is a danger to the public safety if the work o
nr
continues. O to
REVOCABILITY:
Weld County reserves the right to revoke this Permit at any time, should the Permittee and/or Contractor fail to
comply with any of the requirements of this Permit. Should this Permit be revoked, Permittee and/or Contractor
must obtain a new Permit and pay all required fees therein in order to continue with the project contemplated
herein.
VENUE:
Venue shall be in Weld County, Colorado, in any civil court action brought pursuant to this Permit.
FEES:
Weld County reserves the right to charge reasonable fees in order to defray the cost of inspection and any and
all administrative expenses associated with the installation and construction of lines contemplated by this
Permit, according to a schedule of fees established by separate ordinance.
WELD COUNTY, COLORADO:
By:
Title:
In accepting this Permit, the undersigned verifies that they have read and understand all of the provisions of
this Permit.
PERMITTEE:
By:
SUBSCRIBED AND SWORN to before me this day of , 19
WITNESS my hand and official seal.
Notary Public
My commission expires:
Page 3 of 4 Pages
CONTRACTOR:
By:
SUBSCRIBED AND SWORN to before me this day of , 19
WITNESS my hand and official seal.
Notary Public
My commission expires:
B 1113 RFC 02054079 05/20/86 10 : 17 $0.00 13/013
F 0699 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 4 of 4 Pages
GW1
CENTRAL WELD COUNTY WATER DISTRICT
April 11 , 1986
Mr . Allan M. Miller
Utility Inspector
Weld County Engineering
P .Q . Box 758
Greeley , CO 80632
RE : Utility Permit
Dear Allan :
I have reviewed your memorandum regarding utility permits. My
review is limited to that for the water district . I have a couple
of concerns which I would ask your further consideration .
Item ( r ) on page 5 of the Ordinance states "Prohibition of the
installation of plastic line under pavement without encasement" .
This item may intend to relate to where crossing occurs under a
paved road which normally requires a bore and casing along with a
main , but it would also apply to any installation that we make in
county subdivisions or rights-of-way . It would not be unusual for
the District to want to install our pipelines under the street as
occurs in city streets .
Plastic pipe for watermains is commonly laid under streets without
encasement . Good quality plastic pipe is now available and can
have less opportunity for leaks and/or rupture as compared to
other currently used pipe materials . This item in the ordinance
needs clarification or further evaluation . Nearly all of the
cities in the country are approving plastic pipe for direct burial
under streets and it would seem inappropriate for the county to do
otherwise .
Item ( h ) on page 4 of the Ordinance states "Removal or relocation
of lines on County R. O.W. at permittees expense because of changes
made to roadways or appurtenances within the R.O. W" . The District
has had problems with the County damaging District facilities due
to the County construction of roadways , culverts and etc . It
seems that the County should request line locations and submit
plans to the District for our review before their construction
begins . This could alleviate a crisis for people in the County
being served by potable water . The State Highway Dept . has
adopted this method and it seems to work very well . In addition ,
the State Highway Dept . also pays for relocation of existing
utility lines when constructing bridges and roads , which would
also seem appropriate for the County to consider .
2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Secretary-Manager
Page -2-
Item Iv ) on page 5 states "Prohibition of the installation of
meters , launchers , receivers and/or valve stations within the
rights-of-way" . Does this apply to valves on watermains which
must be installed? Valves are normally located in the
right-of-way relatively close to the intersecting mains . At
times , it is necessary to install meters or valve stations within
rights-of-way . We need control valves , pressure regulating valves
and metering on mains to properly operate and maintain the system .
At times it is necessary to locate meters for individual users in
a right-of-way where a major ditch , railroad , or whatever is
directly adjacent to the road causing an unusual condition . This
item needs modification . It might be modified to the extent that
it would require special approval .
The County right-of-way has been established to serve the property
owners and users in the County . Where the right-of-way can be
used without serious conflict then we would hope that we could
work with the County Representatives to address these issues where
necessary . We appreciate the opportunity to review the proposed
utility permit and make comment . We thank you for the good
relationship and cooperation we have received in past years . If
you have questions or I can be of assistance , please advise .
Very truly yours ,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D . Olhausen
Secretary-Manager
DDO/caa
0 Public ServiceiM Public Service
Company of Colorado
5909 E. 38th Avenue, Denver, CO 80207-1295
April 24, 1986
Board of Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80632
RE: Underground and Utility Permits
Dear Commissioners:
Public Service Company of Colorado, its major pipeline subsidiary,
Western Gas Supply Company and Home Light & Power Company have reviewed
the proposed ordinance and permit form as to the affect such proposals
would have upon our respective operations of providing natural gas and
electricity to our customers in Weld County.
Since we are providers of gas and electricity to many of the
Communities and citizens in Weld County and since many of our employees
work and live in these communities we are greatly interested in any
regulations that impacts our ability to provide the very basic and
essential service of comfort and safety to our customers. It has always
been our practice to abide with all the rules, regulations, codes and
ordinances of the areas in which we serve. We will continue to comply
with these regulations and codes and that is why we feel it is so
important that we participate in discussing the proposed ordinance and
permit form and bring into focus and for your consideration the areas of
concern we have with the ordinance and permit.
We support the County in its objectives to protect its roadway
system to the benefit of its citizenry. However, we must also be certain
that what the County is proposing is not detrimental to our objectives
of providing to our customers their essential gas and electric service
to meet their needs at the most reasonable cost.
We want to thank Weld County for allowing us the opportunity to
provide our comments to the proposed ordinance and permit form. In
preparing our comments we have attempted to classify them into three (3)
major categories. Legal , General and Engineering/Operations.
LEGAL
We believe that the underlying statute (CRS 38-5-101) grants to us
the right to construct, maintain, and operate our powerlines or
pipelines along, across, upon and under any public roadway in Weld
County so long as these facilities are constructed, maintained and
operated as not to obstruct or hinder the usual travel on such
roadways_
No.or SHEET 2 PUBLIC SERVICE COMPANY OF COLORADO DATE 4/24/86
Board of Weld County Commissioners
The Ordinance states that it is under the authority of CRS 38-5-
101 . According to our legal counsel , since the statute is basi-
cally a grant of right to the listed utility companies, under the
statute, the only basis for denial of a permit should be a finding
that to grant the permit would obstruct or hinder the usual travel
on the count.* road. We do not believe the statute is broad
enough to allow denial of a permit without such a finding.
Our legal counsel advises that CRS 38-5-101 does not give the
County any right to impose criminal penalties. According to
counsel , the general law is that the counties have no powers except
as given them by statute, therefore we do not believe criminal
penalties could be legally enforced under the Ordinance.
Article 4 of the Ordinance purports to prevent anyone from suing
the County under this Ordinance. We believe an appeal of a County's
decision pursuant to Rule 106 of the Colorado Rules of Civil
Procedure would be available to any permittee who felt that the
County exceeded its jurisdiction or abused its discretion in
connection with its administration of this ordinance. Please
consider making a reference in the Ordinance of the availability of
a Rule 106 appeal .
GENERAL
In reviewing the Ordinance and Permit, we found the strict inter-
pretation of the Ordinance to be more prohibitive than the permit.
Since the Ordinance is the over-riding document, we suggest that
the content of the Ordinance and Permit be more consistant with one
another.
There is no reference in the Ordinance to emergency situations
whereby some of the conditions or regulations may be temporarily
suspended or waived in order to accommodate emergency situations.
The service we are providing is essential to the well being and
safety of the citizens of Weld County and strongly recommend that
the Ordinance contain a provision for handling emergency conditions.
Public Service Company, Western Gas Supply Company and Home, Light
& Power are presently participating with other companies in the
development of a one call notification program in accordance with
Section 9-1 .5-103 (1) CRS. This plan is presently scheduled to be
in operation . The application of this program will
satisfy the requirements of the proposed ordinance, regarding
recording, mapping, and marking of lines.
We have some serious concerns about the Enforcement Provisions of
the Ordinance and the authority of the County Engineer to order
stop work. We believe the appeal process of the stop work order
No OF SHEET 3 NUBLIC SERVICE COMPANY OF COLORADO DATE 4/24/86
Board of Weld County Commissioners
should be streamlined to reduce the amount of time the project is
closed down. The closing down of a project is a very serious and
costly event. The additional costs associated with idle equipment
and manpower will have to be recovered in the cost of service to
the customer.
The provisions of the Ordinance relating to the posting of a surety
bond and the providing of an insurance policy are unnecessary
expenditures. Home, Light & Power Company, Public Service Company
of Colorado and its subsidiaries are self insured for workman's
compensation, for the first $100,000.00 property damage and for the
first $500,000.00 coverage. Insurance coverages are provided for
losses in excess of the above amounts. We are willing to provide
the County with evidence of insurance together with proof of our
financial capability to assume liability. We believe the Ordinance
should allow the County Engineer the flexibility to accept other
evidence of financial capability and not require the added expense
of obtaining a performance bond for each separate project.
Many of the provisions of the Ordinance contain the initial word
"Prohibition". It seems to us that this prejudges each and every
situation and in many cases, with suitable precautions, the items
prohibited could be safely carried out. We would suggest that the
County Engineer be given some discretion in these area, especially
relating to the cutting of asphalt surfaces; valve stations which
could be safely placed on rights-of-way as long as they are not on
the traveled portion of the roadway; and culverts being cut and
replaced or rewelded and line installation or construction when the
ground is frozen. In general , prohibitions in advance of particular
situations tend to tie the hands of the administrator and the
permittee and prevent solutions to problems which otherwise could
be reasonably worked out using new construction methods and/or new
technologies.
ENGINEERING/OPERATIONS
Provision should be made whereby extension of the completion date
may be granted upon proper request to the County Engineering
Department.
Article 2 - Section II (3) (g) requires the shutting off of lines
when requested to do so by the County. Given advance notice that
a line needs to be moved for planned roadway construction or
maintenance. We can usually work out an alternate solution.
However, to shut-off the line may be impossible when you consider
the fact that the line is providing heat or light to the citizens
of Weld County.
No.or SHEET 14 r'UBLIC SERVICE COMPANY OF COLORADL DATE 4/24/86
Board of Weld County Commissioners
Article 2 - Section II (3) (h) relocation or removal of lines
located within Weld County road right-of-way at the permittee' s
expense should be qualified to exempt facilities located on private
easements acquired prior to County roadway dedication.
Article 2 - Section II (3) (m) (n) (q) (y) pertain to the restora-
tion of the County Road right-of-way during and after construction
activities take place. We support the County' s objectives in these
matters. It has always been our Company's practice to restore our
construction sites to a condition superior to the pre-construction
activities. We do object to any requirement that forces us to improve
or restore damages caused by others.
Article 2 - Section II (3) (s) - We question the need to encase all
lines over 2 inches in diameter or more than 100 psi pressure under
all paved County roads. This provision is no longer a requirement
of the Colorado Department of Highways. Past experience has shown
that the encasement of pipe may create more problems than the direct
installation of steel pipe.
Article 2 - Section II (3) (v) - We do not agree with the provision
that prohibits the installation of meters, launchers, receivers, and/
or valve stations within the County rights-of-way. Experience has
shown that these facilities can be very compatible with roadway rights-
of way if they are installed on the edges of the right-of-way apart
from the traveled surface of the road. We believe that if they are
installed properly they do not obstruct or hinder the usual travel
of the roadway.
As corporate citizens in the community, Home, Light & Power Company
and Public Service Company and its subsidiaries recognize the need and
benefit for proper construction activities control and appreciate the
opportunity to work with you and comment on the proposed Ordinance. If
you have any questions, or if you would like to discuss our comments in
more detail , please contact Mike Geile at 353-1215.
Sincerely,
PUBLIC SERVICE COMPANY OF COLORADO
Le-ate<-4i€ 6
David K. Howard
Supervisor - Land Use
Architectural & Right Of Way Dept.
DKH/s j
cc: M. Geile
R. Belcher
D. Teckavec
H. Rust
R. Johnson
File
a
Mountain Bell
Greeley, Colorado
April 30, 1986
•
19 86 ;11
I I MAYO 1
,E_LD COUNTY
Bruce T. Barker
Assistant County Attorney ATTORNEY'S OFFICE
P. O. Box 1948
Greeley, Colorado 80632
Dear Mr. Barker:
I am writing you concerning the depth on buried telephone cables
in Weld County.
Mountain Bell has and will continue to follow reasonable rules
and regulations designated by public entities throughout the
state. By being reasonable, we are able to provide low cost
service to telephone users and tax payers alike. A 36" cover
requirement by Weld County over telephone cables will increase
our costs. We do not have the equipment to meet a 36" re-
quirement. Contractors that we hire to place our cable for
us charge us for extra depth beyond 24" .
We request that we be permitted to bury our cables at a depth
of 24 to 30 inches which is in compliance with Colorado Statues,
The National Electric Safety Code and Colorado Department of
Highways guidelines. Other counties in Colorado, Morgan, Logan
and Washington Counties agreed to 24 to 30 inch cover on their
permits.
Thank you for your prompt attention. Should you have any
questions at all , please call me at 339-2054 or Sue Skaley
at 339-2093.
Sincerely,
N.0Or, 6: cl c
Manager-Distribuiton Services
Design Center
DRA:nb
PANHANDLE EASTERN PIPE LINE COMPANY
P. 0. BOX 121
BRIGHTON, COLORADO 80601
April 10, 1986
Board of Weld County Commissioners
P.O. Box 758
Greeley, CO. 80632
Attn: Jacqueline Johnson, Chairman
RE: Revised Underground and Utility Permit
and Proposed Ordinance
Dear Ms. Johnson:
In response to the above, Panhandle Eastern Pipe Line Company has the
following comments and concerns:
1 . Item (F), Ordinance, page 4 - Will the permittee record each permit
at Weld County Clerk and Recorder, or will this be done annually in
compliance with Section 9-1 .5-103(1 ), CRS.
2. Item (J), Ordinance, page 4 - Request the Engineering Department
supply each permittee and contractor with the manual and Uniform
Traffic Control Devices and Supplement handbook.
3. Item (N), Ordinance, page 4 - Are the requirements applicable to road
bores?
4. Item (P), Ordinance, page 4 - Request that all nonferrous lines have
tracer wire installed and caution tape installed above line to
eliminate future damage. Suggest that this be defined on Permit,
Item 16.
5. Item (S), Ordinance, page 5 - Our Company feels that casing promotes
corrosion on steel lines, due to the fact the end seals will not keep
the water out of the encasement. Therefore, this creates a potential
hazard. Instead of casing, our Company adheres to DOT Class III
specifications by using upgraded heavier wall pipe for road
crossings. Further information on encasements will be forwarded to
Weld County Engineering.
6. Item (X), Ordinance, page 5 - Is this applicable to road bores?
7. Item (AA), Ordinance, page 5 - Is this applicable to road bores?
8. Item 5 - Permit - page 2 - Correct last sentence of paragraph to read
"One Marker at each side of any road. "
9. Item -E - Permit - page 2 - Sentence #2 - specifically state that all
repairs to damaged facilities be repaired by the owner or by damaging
party with owner's consent. But in any event, the repairs made will
be at the expense of the damaging party.
10. General Comments:
(a) Clarification on permit fees and utility line depth requirement
on permit.
(b) Request stipulation be added into the Ordinance and Permit, that
the permittee or contractor notifiy owners of existing
facilities two (2) business days prior to commencement of work
in County road right-of-way, in accordance with 9-1 .5-103 (3-b)
CRS as stated:
"Notice of the commencement, extent, and duration
of the excavation work shall be given at least 2
business days prior thereto."
If you agree with above suggestion, should it be written or
verbal ?
(c) In case of emergency on facility after normal working hours,
whereby proper notice of intent to repair or excavate in road
right-of-way cannot be given, it is our understanding that the
owner of facility will make repairs in accordance with and under
the terms of the original permit and notify Weld County
Engineering Department the following business day.
(d) Is a permit necessary to expose our existing facility in County
road right-of-way upon the request of the contractor installing
a new facility? Do we work under the contractor permit?
After you have reviewed the above suggestions and questions, please
advise our Company in writing and send to my attention at the above
letterhead address.
Sincerely,
t fiat
Sharon J. Prater
Sr. Right-of-Way Representative
SJP/0948R/gw
cc: Alan Miller - Weld Co. Engineering✓
ENERGY OIL, INC.
1960 Industrial Circle
Longmont, Colorado 80501
(303) 776.4354 W�i� „•,,i1
�1
April 8, 1986 APR141986 ff :f
77. =)
G�[��-Ft•, COLD.
Board of Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
RE: Proposed New Utility Permits
for Gas Transportation lines
Ladies and Gentlemen:
This letter is written on behalf of Energy Oil , Inc. and Energy Pipeline, Inc. in
response to the proposed ordinance for Utility Permits along, across, upon, and
under Weld County Road Rights-of-Way.
Our companies primary location for oil and gas exploration and gas transportation
is in Weld County, in an area Southeast of Greeley. In that area we have
installed and presently operate and maintain approximately 90 miles of gas
gathering line, most of which is installed on county right-of-way. To say that
this gas gathering system is important to our business would be an
understatement. In our planning and installation of the system we have closely
cooperated with Weld County engineers in obtaining permits and permission for the
work we have done. We feel that the present permitting system is capable of
handling the needs of Weld County and businesses such as ours and do not see a
purpose to revising it at this time. The new ordinance unnecessarily duplicates
essential items already found in the existing utility permit form. Our comments
on a point-by-point basis regarding the proposed ordinance and new permit are as
follows:
1) Article I-General Provisions; Section I .
These purposes are covered under the existing utility permit process. The
present permit system provides for the type of inspection and supervision that
will act to guaranty safe passage of the traveling public and adequate markings
and notice of location of exisiting lines.
2) Article II-Permits Administration, and Enforcement; Section 3.
Item (a) . This is required to be given on page 1 of the existing permit.
Item (b) . This type of information is often required under verbal request
by County Engineers. Plan drawings showing proposed locations of lines is an
item that could be handled by a simple administrative amendment to the present
permit form.
Item (c) . Restoration surety bonds are presently available to the County
under item #24 on page 2 of the present permit form. The present bond, if
requested, remains in effect for one year after work completion. This is more
than adequate time for inspectors to determine if restoration of county
right-of-way has been satisfactorily completed.
Ail/ bdoci
if. it
Item (d) . We would suggest that this item be changed to require that only
proof of present insurance coverage be submitted to the county for review to
ascertain that present insurance coverage is carried. We would also suggest that
the County allow a company carrying on ongoing projects in Weld County to
maintain blanket notice of insurance coverage to avoid having to submit proof of
coverage for each project applied for.
Item (e) . Markers are already required on page 1 of the existing permit.
Item (f) . We would suggest that the Weld County Engineers maintain a
comprehensive map for locating utility lines. Such a map, available a central
location, could provide adequate notice to the public of the location of existing
lines. A requirement for recording will not indicate the location of the many
miles of utility lines already in place.
Item (g) and (h) . These items are already covered in the existing permit on
page 1. The permittee is presently required to bear the expense of removing
lines upon the request of Weld County.
Item ( i ) . On page 2 of the existing permit, at items #3, a permittee is
required to notify the local police, ambulance, and fire departments of road
closures. A road closure can only take place upon resolution of the Board of
County Commissioners under the existing permit.
Item (j) and (k) . This is already required by the existing permit on page
1.
Item (1 ) . This is already prohibited by item #8 on page 2 of the existing
permit.
Item (m) . This is already required by item #9, page 2 of the existing
permit.
Item (n) . This is already required by item #10, page 2 of the existing
permit.
Item (o) . Item #11 of page 2 of the existing permit prohibits cutting of
asphalt surfaces.
Item (p) . This is already required by item #26, page 2 of the existing
permit.
Item (q) . This is already required by item #25, page 2 of the existing
permit.
Item (r) . This is already required by item #14, page 2 of the existing
permit.
Item (s) . This is already required by item #15, page 2 of the existing
permit.
Item (t) . It is unclear whether or not the positioning of manholes is
prohibited under the proposed ordinance. Under item #16, page 2, or the existing
permit, manholes or other access may be permitted within a right-of-way only when
they are located beyond the shoulder of the through-traffic roadway.
Item (u) . Item #20 on page 2 of the existing permit requires all drainage
facilities or siphens to be opened immediately upon completion of work at site of
drainage or siphon installation. The Weld County Engineer has the right to
inspect all work done in relation to drainage facilities and siphons under the
existing permit form.
Item (v) . This general prohibition is covered by item #2, on page 2 of the
existing permit.
Item (w) . This is already required by item #22 on page 2 of the existing
permit.
-2-
Item (x) . This requirement, if enforced to the letter, would make the cost
of some pipeline installations prohibitive. Removal of wet or incompactible
materials is not called for in every case and should be subject to Weld County
Engineering's review and recommendation prior to a requirement being made for
removal .
Item (y) . Complete restoration of roads is already required by the existing
permits.
Item (z) . This requirement should be modified to allow for restoration of
cut or damaged culverts, drain lines, utility lines or any other installations
within the rights-of-way.
Item (aa) . This requirement work effectively eliminates most winter work in
Weld County, and for that reason alone is unreasonable. There should be
discretion on the part of the Weld County Engineer to allow work on frozen ground
under conditions requiring replacement of materials removed with compactible
materials.
Item (bb) . This requirement is covered by the existing permit.
Item (cc) . This requirement is covered by the existing permit.
Item (dd) . This requirement is covered by the existing permit.
Item (ee) . The ordinance and new permit form set out a general
indemnification for the benefit of Weld County. Given the review and discretion
of the County to shut down construction of an installation project, the County
could be responsible for consequential damages arrising from an abuse of
authority or erroneously shutting down construction of a line. The
indemnification is appropriate insofar as the permittee will own and control the
line, but will not limit the county' s exposure in the event that it wrongly
causes consequential damages.
Item (ff) . The County has the right under the present permit to order a
permittee to stop work.
Item (gg) . The County should not have the right to revoke a permit. After
relying on the permitting process to apply for and begin spending substantial
sums of money on a project, a company should not be in jeopardy of having its
permit revoked.
Item (hh) . Venue for any civil court action would already logically be in
Weld County.
Item (ii ) . We note that a fee schedule is not presently set out on the new
permit form. It should be, or more preferably, the existing fee schedule can be
revised to meet your needs.
3) Article II , Section IV.-Penalties, (3)
The administration fee of 25% of the remedial cost of repairs is arbitrary
and should be revised. It appears in actuality to be an additional penalty on
the permittee and is not structured to reflect actual administrative costs to the
county.
4) Article IV, Liability.
Regardless of an attempt to limit liability of the Board of County
Commissioners and the Weld County Engineer, there are numerous elements in the
new ordinance and permit that will require discretionary judgment and decisions
of these individuals. It is doubtful that even a proposed limitation of
liability such as this will protect them from liability in the event that
mistakes or erroneous decisions are made that cost a company money to correct.
-3-
Generally, we feel that the ordinance as drafted does not create new assurances
or protection for county rights-of-way. We feel that it will cause confusion and
delays for companies such as ours who are doing business in Weld County.
Energy Oil , Energy Pipeline, and our contractors have endeavored to work closely
with Weld County officials and believe that our work has been completed with the
minimum possible disturbance to Weld County rights-of-way and with protection of
the safety of travelers and residents along those rights-of-way. The existing
permitting process works very well and we do not think that it should be changed.
At this time the oil and gas business is hampered by reduced prices for our
products. Additional burdens on us in the form of unfair and overbuilt
regulation will force us to seek out other areas to operate in. This would
result in a loss to Weld County, which depends a great deal on healthy
exploration, production, and product transportation activity to support its tax
base and employment base.
Very/ ly yours /
l �
Robert W. Ives
Legal Counsel & Land Manager
RWI :wsd
-4-
LITTLE THOMPSON WATER DISTRICT
DIRECTORS Telephone 532-2096
Carey J.Salomonson. 307 Welch Avenue
President
Drawer G
Charles Allen
Leo Bakel Berthoud.Colorado 80513
Pal Dorsey
David McGee W�
E.Thomas Ricord WELD ttt0
Dean Anderson /r ��+�' '+•
MANAGER'. D 1
FJohn M.Gruner
APR
April 4 , 1986 89$6
Weld County Commissioners
P O BOX 758
Greeley, CO 80632
Attn: Alan M. Miller, Utility Inspector
Re: Underground and Utility Permits
Dear Mr. Miller:
The following are comments requested by your office concerning the pro-
posed new utility permit. Of particular interest to us are the follow-
ing items :
Article 2, Section III , Paragraph 3r which states :
Prohibition of the installation of plastic line under pavement with-
out encasement.
Comment: Is this paragraph meant to include plastic-like lines
(P.V.C. , polybutyline, municipal poly, etc. ) under 2" in diameter
used as service drops from the main line to a private residence
meter? If so, we would like you to reconsider this requirement.
This type of service line is without joints or connections between
the main and meter, is (in our case) always material with higher
specifications than main line material , is replaced with new mat-
erial via a bore rather than digging up pavement should a failure
occur (very rarely do these lines fail) and have a great deal of
flexibility which is desireable in road beds due to shifting soil ,
heavy equipment operation, etc .
Paragraph 3s which states :
Encasement of all lines from toe of slope to toe of slope under all
paved roads, intersections , and approaches if said lines are over
2" in diameter and are more than 100 psi pressure.
Comment: This is certainly a reasonable request in terms of new con-
struction. However, when tieing into existing lines , and crossing
a road, the existing line/lines and other utility locations may
prohibit following this paragraph to the letter. I would suggest
a provision be made to allow for this type of situation.
Page Two
Paragraph 3v which states :
Prohibition of the installation of meters, launchers, receivers,
and/or valve stations within the rights of way.
Comments:
When water lines are installed within the ROW, it has been standard
practice to place valves on the main lines at intersections . These
valves are normally accessed thru a cast iron valve box, which is placed
on the valve approximately 4 ' underground and extends up to the sur-
face of the ground. This type of installation is most important to
our operation and since there is nothing above the surface of the ground
I would think this would not present any problem to the county.
One other point of concern with this item is fire hydrants . Does this
prohibit the placing of fire hydrants within the county ROW? Since
these are installed and used for public safety, I would think they
will be allowed.
Paragraph 3z which states :
Prohibition of the cutting or damaging of culverts , drain lines ,
utility lines, or any other installations witin the ROW.
Comments: We have experienced a great deal of difficulty in our deal-
ings with various oil/gas company subcontractors installing new gas/
oil lines. When our water lines were installed 20-25 years ago, the
technology was not available to be able to trace lines electronically.
No tracer wire or other devices were installed with the PVC or AC
lines as tracing equipment was unheard of. Fairly accurate maps were
kept showing the location of the lines measured from various landmarks .
Over the years, these landmarks have been removed, moved to other
locations or lost. We do the best we can in locating these lines , but
the oil/gas company pipeline installers pay little or no attention and
it seems they would rather take their chances at breaking our lines
rather than to use caution in these areas. This is a real problem for
us and any help that you can give us would be greatly appreciated.
Paragraph 3aa which states :
Prohibition of line installation or construction when the ground is
frozen:
Comments: While this looks like a good idea, I think it depends on
your definition of frozen ground. During the fall and/or spring
months, there can be several weeks when there is 4-6 inches of frost
in the ground. This amount of frost does not usually present any
problems and construction should be allowed to continue during these
times. Maybe a better definition of "frozen ground" would be ground
which has 12 inches or more of frost.
Page Three
I think you have come up with and defined your proposed ordinances
very well. We appreciate the opportunity to be able to make comments
and trust our comments will be reviewed.
Sincerely,
0
Barry Dykes
Operations Supervisor
Salk
AMOCO Amoco Production Company
WNW Denver Region
1670 Broadway
P.O. Box 800
Denver. Colorado 80201
303-830-4040
Neal H. Peters
Attorney
April 16, 1986
Bruce T. Barker, Esq.
Assistant County Attorney
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Dear Bruce:
Initially, I would like to extend to you and the County
Commissioners our appreciation for the opportunity to meet
and exchange ideas regarding proposed Ordinance No. 143 on
April 14, 1986.
Pursuant to Commissioner Brantner' s inquiry, please
find enclosed a copy of a Certificate of Self-Insurance in
accordance with the Colorado Motor Vehicle Financial
Responsibility Law and Colorado Auto Accident Reparations
Act. While it appears that in most instances applicable
work performed for Amoco Production Company (Amoco) will be
by independent contractors who will be expected to satisfy
all permit requirements, perhaps a letter from Weld County
similar to the certificate issued by the Motor Vehicle
Administrator could be utilized to solve the "self insuror"
problem with regard to insurance requirements contemplated
under proposed Ordinance No. 143 .
We would appreciate receiving copies of any revisions
to the proposed ordinance that might be available prior to
the hearing on this matter which, we understand, will be
rescheduled for April 28, 1986. Please contact me if we can
be of any further assistance.
Very tru y yours,'7Y/4Neal H. Peters
NHP: lls
cc: K.L. Shafer
M.R. Homestead -Tr k1
APR 17 li, i
LJ
GLD COUNTY
A r TORNEY'S OFFICE
o /VS
r
ql , f Board of
o To County Commissioners oat April 30 , 1986
COLORADO• From Bruce T. Barker , Assistant County Attorn :
i iona anges o e p s.
Subject: No. 143 and the Attached Utility Permit
In addition to those changes outlined in my memo dated April 24 ,.
1986 , Alan Miller and I have made the following changes to *±
proposed Ordinance No. 143 and to the attached utility permit.
The additional changes which have been made to the Ordinance ar
as follows :
a. Article 2 , Section II (3) (c) : added the words : "or other
security" in order to allow for escrow accounts , cash
deposits , or letters of credit.
b. Article 2 , Section 11 (3) (1) : added the words : "without
mats" at the end .
c. Article 2 , Section II (3) (O) : changed the word "prohibition"
to "restriction" in order to be in accordance with the permit
which allows for the cutting of asphalt surfaces when
permitted by the Weld County Engineer.
d. Article 2 , Section 11 (3) (u) : changed the sentence in order
to be in accordance with the permit . The permit allows for
the Weld County Engineer to make exceptions to the general
rule that no above ground appurtenances be within the
rights-of-way.
e . Article 2 , Section II (3) (z ) : change of sentence to allow for
installation or construction when the ground is frozen to a
depth which is acceptable to the Weld County Engineer , in
accordance with the permit.
f. Article 2 , Section III (1) (a) : reduceithe number of days from
ten to five .
The following changes were made to the permit itself:
g. Permit Requirements : 3 . Added "or other security" in order
to allow for escrow accounts , cash deposits , and letters o_=
credit.
h. Permit Requirements : 19 . Changed the requirement in cr _
to allow for exceptions by the Weld County Engineer.
i. Permit Requirements : 21 . Changed the requirement in
to allow for exceptions by the Weld County Engineer.
Board of County Commi -sioners
Page 2
April 30 , 1986
j . Permit Requirements : 25 . Deleted the requirement for
notification and coordination of installation and
construction activity within the rights-of-way with other
owners because that is already covered in Permit Requirement
6 . Added the last part of the first sentence wherein the
Permittee and/or Contractor who inadvertently damages any
facility with the rights-of-way must first notify the owner
of the damaged facility and either repair and replace the
same or pay for the owner to repair and replace the same.
k. Indemnification: Added the last clause , which excludes the
requirement of indemnifying Weld County for any actions which
are caused by Weld County' s own negligence.
Bruce T. Barker
Assistant County Attorney
BTB: ss
r �t v : ' , . _ .
.
. . . . , .
,
Board of
To County Commissioners odLOApri1 24 , 1986
r1,-- i Dc
COLORADO From Bruce T. Barker, Assistant County Attorney
Changes to the Proposed Ordinance 143 and the
s°b'e"` Attached- utility ' xmlt
After our work session on April 14 , 1986 , Alan Miller and I made
certain changes to the proposed Ordinance 143 . The changes which
we made are as follows :
a. Article 2 , Section II (3) (d) : Changed to allow the insurance
policies to be provided by the Permittee and/or the
Contractor.
•
b. Article 2 , Section II (3) (r) : Deleted the prohibition of the
installation of plastic line under pavement without
encasement.
c. Article 2 , Section II (3) (aa) : Added a provision that
underground lines installed and constructed within the
rights-of-way must have a minimum of three feet of ground
cover .
d. Article 2 , Section II (3) (3) : Added subparagraph (._) which
allows for notification of the Permittee and/or Contractor
that damage to the right-of-way must be repaired within a
reasonable period of time .
The following changes were made to the permit itself:
e . Permit requirements : ' 1 . The last sentence was added to
allow for requests for extension of time .
f. Permit requirements : 4 . The first sentence was amended by
stating that the insurance must cover the risks of bodily
injury, death , or property damage which may be caused by the
lines which are installed and constructed. We also added the
last sentence which says that the insurance must be in force
during the installation and construction and for a period of
eighteen (18) months thereafter:
g. Permit requirements : 5 . The second sentence was amended to
allow for "a marker" instead of "two markers. "
h. Permit requirements : 6 . Section 9-1 . 5-103 (1) , CRS , require,
every owner or operator of underground facilities to eithe
file a general description of the area they serve, together::
with the name , job title , address , and telephone number c -
the person from whom necessary information may be obtaine.:
concerning the location of underground facilities within the
N
' Board of County Commi -inners
Page 2
April 24 , 1986 .
County. If the owners and operators of underground
facilities have formed a notification association , pursuant
to §9-1 . 5-105 , CRS , then the association must file with the
Clerk and Recorder a statement that the notification
association is serving the respective County, a list of the
operators in the County who are members of the association,
and the telephone number and mailing address of the
notification association . Any owner or operator who wishes
to excavate must first notify an owner, operator, or
association of owners and operators having underground
facilities in the area of the excavation.
Therefore , we have changed paragraph 6 of the permit
requirements so as to remind the Permittee and/or Contractor
of the necessity of having such recording and notification.
There is no need to go any further than this in our permit.
i . Permit Requirements : 14 . We made the distinction between
the traveled portion of the rights-of-way and the
non-traveled portions . Any materials and excavations off the
traveled portions must be properly signed at the end of each
day.
j . Permit Requirements : 16 . We added the last clause.
k. Permit Requirements : 24 . The last sentence was added in
order to soften the requirement of backfilling for trenches
off the traveled portions of the rights-of-way .
1. Permit Requirements : 26 . The requirement that no
installation or construction is to be performed when the
ground is frozen was made more flexible . The Weld County
Engineer now has the capacity to state that installation or
construction may be performed if the ground is frozen to a
certain depth.
m. Permit Requirements : 27 . New requirement added to the list
in order to state that a minimum of three (3) feet of ground
cover must be present for all underground lines .
n. We added the clause which states , "their
agents , employees , subcontractors , and assigns , " and we added
the clause , "including any consequential damage" in order to
make this section broader.
I
ce T. Barker
Assistant County Attorney
BTB: ss
AFFIDAVITOF PUBLICATION
THEJOHNSTOWNBREEZE
3TATE OF COLORADO 1
1 SS
20 — Breeze, May 22, 1966-__ COUNTY OF WELD 1
P ii lit publisher
Clyde Briggs, do solemnly swear that
am of The Johnstown Breeze
hat the same is a weekly newspape
printed, in whole or in part, and puhlishel
in the County of Weld, State of Colorado
ORDINANCE NO. 143 and has a general circulation therein; tha
IN THE MATTER OF.REGULATING THE INSTALLATION AND CONSTRUCTION OF LINES OF.TELEGRAPH, said newspaper has been publishe(
TELEPHONE, ELECTRIC LIGHT,WIRE OR POWER OR PIPELINES ALONG,ACROSS, UPON,AND UNDER continuously and uninterruptedly in sal(
WELD COUNTY ROAD RIGHTS-OF-WAY County of Weld for a period of more that
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: fifty-two consecutive weeks prior to thl
WHEREAS, the Board of County Commissioners of the County of-Weld, Colorado, pursuant to Colorado first publication of the annexed legal notice
Statute
County
Weld County, Colorado, a Home Rule Charter, is vested with the authority of administerinndg the affairs of or advertisement; that said newspaper ha:
WHEREAS,PURSUANT TO §38-5-101,CRS,Weld County must permit any domestic or foreign telegraph, been admitted to the United States mails a:
telephone, electric light power, gas, or pipeline company authorized to do business under the laws of the second-class matter under the provisions O
State of Colorado or any city or town owning electric power producing or distribution facilities the right to the Act of March 3, 1879, or all�
construct lines of telegraph, telephone, electric light, wire or power or pipeline along, across, upon, and
under any County road right-of-way, and amendments thereof, and that sal(
WHEREAS,the Board of County Commissioners of Weld County may regulate said installation and newspaper is a weekly newspaper dull
construction to ensure that said lines do not obstruct or hinder the usual travel on such road rights-of-way. qualified for publishing legal notices ant
NOW.THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County.Colorado: advertisements within the meaning of th(
ARTICLE 1 • laws of the State of Colorado.
OSNSRAL PROVISIONS That the annexed legal notice or advertise
ment was published in the regular ant
seelen 1 • Purpose and Intent entire issue of every number of said week!)
(1)-To insure that the installation and construction of lines of telegraph, telephone, electric light,wire or newspaper for the period of / consecu
power,gas,or pipelines along,across, upon,and under any Weld County road rights-of-way do not obstruct
ore hinder the usual travel upon such rights-of-way. five insertions; and that the firs:
(21 To insure that said installation and construction is done in a manner which provides for the safety of publication of said notice was in the issue of
the traveling public upon said rights-of-way and in a manner which prevents damage to said rights-of-way. said newspaper daicd5r22— A.D. lb.1'..
and that the last publication of said notict
(3)To enable the Weld County Engineering Department to be apprised of the location of said lines along,
across, upon and under said rights-of-way and to provide for the marking of the same. was in the issue of said newspaper dated
Section II • Authority A.D. 19
This Ordinance is adopted pursuant to Section 38-5-101, CRS. •
TIn witness whereof I have hereunto set
•Section III - Definitions
my hang, this ....30 day of .ijn �y
A.D. 196,
Section III • Definitions
(1) "Contractor": Any party performing the installation and construction for a Permittee who obtains a
Permit pursuant to this Ordinance. A Permittee may"be a Contractor under this definition. r r
(2) "Linos": Lines of telegraph, telephone, electric light, wire or power or pipelines. �G JPublisher
(3)11Pennatss":The owner and/or operator of any lines to be installed and constructed upon any Weld
County road right-of-way and who has obtained a Permit pursuant to this Ordinance.
Section IV- Applicability - Subscribed and sworn to before me, a
wire or
)These regulations apply to permits to install and construct lines of telegraph,telephone, electric tight, ND'"i:'y Public in and for the County of
power, gas, or pipelines along, across, upon, and under any.Weld County road rights-of-way. Wei 1, State of Colorado this -3O day of
Section V • Relationship to Other Regulations ...,j Z7.. A.D. 19.4.
(1) Nothing In these regulations shall be construed an exempting an applicant for a permit from any other
requirements of this jurisdiction or other State or Federal laws. ..}/ ,,/�/ /� _
(2)To the extent that the requirements of this Ordinance differ from any other applicable requirements,the - ,Yr ��*'T` L/ 5--.
more restrictive requirements shall apply. Notary Publii,
MY I{{QR6?tSSJ5#tk eXpinf38,, ..w,.i r`x7T
2 South Parish Ammer,,..
Johnstown, CO au...:+
U k/13 .
ARTICLE 2 Permits, Administration, and Enforcement
Section 1 - Delegation of Authority
The Board of COUnty Commissioners of Weld Countyt Colorado,hereby delegates Its authority,pursuant to
Section 38-5-101,CRS,to regulate the installation and construction of Noes of telegraph,telephone,electric
light, wire or power-or pipelines along, across, upon and under any Weld County road rights-of-way to the
Weld,County Endfteer and his employees.
Section II - Penelt Required
(1)No person able install or construct lines of telegraph,telephone,electric lir,wire or power or pipeline
along,across,upon;and under any Weld County road rights-of-way without first obtaining a permit from the
Weld County Engineer for such use.
(2)Any domestic or foreign telegraph,telephone,electric light power,gas or pipeline company authorized
to do business under the laws of the State of Colorado or any city or town owning electric power producing
or distribution facilities may obtain a permit, pursuant to this Ordinance,to install and construct lines of
telegraph,telephone,electric light,wire or power or pipeline along,across,upon,and under any Weld County
road rights-of-way.
(3) Said permit shall address the following, and shall be substantially in the form of the permit which is
attached hereto and which is referred to herein as Exhibit "A":
(a) Completion date of all installation and construction work permitted.
(b) Submittal of plan drawings showing the positions of lines to be installed or constructed.
(c) Surety bond or other security for the total amount required to restore'.the rights-of-way.
(d) Insurance policies provided by the Permittee and/or Contractor naming Weld County as an"Insured."
(e) Marking of lines.
(f) Recording of the location and type of lines installed or constructed.
(g)Shutoff of lines and the removal of all combustible materials from the rights-of-way when requested by
Weld County, Colorado, because of necessary highway construction and/or maintenance operations.
(h) Removal or relocation of lines installed or constructed on Weld County road rights-of-way at the
permittee's expense because of changes made to said roadways or their appurtenances within the rights-of-
way.
(i) Notification to the Weld County Engineering Department of the desire or need to close rights-of-way
during installation- and construction.0) Provision of all necessary signs and barricades Control Devices and its latest Colorado Supplement in accordance
in order to warn oncoming motorist l
of any installation
and construction work or closure.
(k) Maintenance of traffic upon rights-of-way during installation and construction.
•
(I) Prohibition of cleated or track equipment working upon asphalt surfaces without mats.
(m) Return of all disturbed portions or rights-of-way to their original condition.
(n) Removal of all materials used in the installation and construction at the end of each work day.
(o) Restriction of the cutting of asphalt surfaces.
(p) Means to facilitate future line location when nonferrous lines are installed in any rights-of-way.
(q) Placement of gravel surfaces where any damage has occurred to the rights-of-way surface from
equipment, trenching, or storage of material.
(r) Encasement of lines from toe of slope to toe of slope under all paved roads, intersections, and
approaches, unless otherwise stated.
•
(s) Positioning of manholes and other points of access to underground lines within rights-of-way.
(t) Damage and replacement of drainage facilities or siphons.
• (u) Restriction of the installation of above ground appurtenances, including but not limited to meters,
launchers, receivers, and/or valve stations within the rights-of-way.
(v).Requirement of thrust blocks on all vertical and horizontal bends in water pipes.
(w) Removal of any wet or incompactible materials produced from excavations from the rights-of-way and
the replacement of the same with compactible materials
(x) Complete road restoration.
•
(y) Prohibition of the cutting or damaging of culverts, drain lines, utility lines, or any other installations
within the rights-of-way.(z) Prohib.:ion of line installation or construction when the ground is frbzen to a depth which will cause
damage to the rights-of-way as determined by the Weld County Engineer.
(ea) Underground lines installed and constructed with.,a minimum of three (3) feet of groundcover.
(bb) Spreading of gravel over the road surfaces upon completion of the line installation or construction.
whatsoever understanding
Weld County, Colorado.installation and construction is to be performed at no expense
otiS
(rid) The understanding that the Permittee shall own, maintain, and operate arty line installed or
constructed.
(eel Agreement for indemnification.
(M The right of Weld County to order the Permittee to stop work.
(gg) The right to\revoke by Weld County.
(hhrVenue in any civil court action brought pursuant to the permit or this Ordinance shall boo in Weld
County.
in) Setting of fees.
(4) Grounds for denial of permit
Any application for permitpDursuanttto this Ordinance shall be.tfanied it in the opinion ct the Went County
Engineer,the applioaM has failed to cooperate in providing n requests Oy said E er
providing the surety bond and:insurance referred to above.If the enfants..E cane rte,,.
the appcant may submit a written appeal within ten (10) days Milli the deMa!tathe Beard:of.Cod(t'
Commissioners of Weld County, Colorado, for a hearing to consider whethertiM Engineer Was a,error in
denying said pettryymit and whether said permit should be approved.
date for r Within
t(the hearing,theroapP cant may be presentta d t Board
j and Of te Yesetd arty st Shelters!a
if he a desires. Said hearing shall be de novo and the burden of proof shag rest upon the Weld.
Engineer.
(b)The Board of County Commissioners shall approve said permit if the applicant proves Cytgdd that:
he or she shall`provide the requested information to the Weld County Engineer and rem*MO and
insurance referred to above. y
(5)Weld County may.at its option,.hire inspectors on mafor propbstoln*ectth'e;wdfs denis'pursua*t t0p
the permit. Whenever such an inspector is hired, the Permittee''shall pay thedirect expellee of such
inspection.
Seethes. III • Enforcement Provisions ,.
(1) The Weld,County Engineer shall have the right to order the Permittee.to stop work any time sal
Endk»er believes that a violation of his permit has occurred or is there is a danger to the.publfc safety if the
work continues.If the Engineer orders the Permittee to stop work,the Permittee may submit a written appeal
within ten (10) days after receiving the Engineers order to the Board of County Commiaefoers of Weld
County,Colorado, for a hearing to consider whether the order to stop work,:wee.\in error and whether the:,.
Permittee should be allowed to continue with said work. -
(a)Within five(5)days after receiving an appeal,the Board of County Commissioners shall set-a date fora,.
haring.At the hearing,the Permittee maybe present and testify and present evidence on his better if he so
desires. Said hearing shall be,de row end,the burden of woof shall rest upset the.Wald County Engineer.
(a)The Board of County Commissioners shall reverse the order to stop work It the Pe-mittens proves that
said order was in error and was unnecessary or if the Permittee agrees with said Board to remedy the.
defects or problems which prompted the stop work order. - •
1 if the Board of County Commissioners decides to uphold the Engineers order to atop work,the permit
under which said work was permittedahall be deemed to be revoked Upon,revocation the acquisition-of e
new permit and payment of all-fees required therein shall be necenaty to order for work upon,the project to
continue. - - -
(2)The Board of County.Corn, � ,ap oners may revokey permit issued pµrsyyant to this Ordinance at any
time.should the Permittee and/ot ontracterfail'to comply artth thy of the^requirements`optrie omNAip:'Ippon
revocation, the acquisition of a new permit and payment of all fees required therein shalt be necessary'.
order for work upon the project to continue.
Section IV - Penlettss
(1) Criminal penatyr` - .t
(a)AnY Panora firm,$ corporation vtotedng this Ordinance strap pa.pun had gra.fine p4mac thin
three hundred fine x(O00)or mentpric h day tin the Waide Jag rot ion u shall l too)daptl,
or by both such fine or imprisonment Each day during which such illegal activity continues shdl e de •
a separate offense.
(2) Civil remedies:
la)In the case of any violation of any provision of this Ordinance.the W5Id County Attorney,or wtuueJAe
Board of County Commissioners deems it appropriate,the District Attorney,in addition to any other remedies
provided by law, Ordinance,.or.Resolution, may institute an injunction, mandamus, abatement, or other
appropriate action or proceeding to prevent, enjoin, and/or abate the activity which is in violation of this
Ordinance. _ _
(3) In the� event any Weld County road right-0-way is the installation and construction
Perrdlimd Sind..aiRd mendd*,sge is !Olt end by the Pia,{lee�or n•arlah, then WMd Caney Shah-
(a Notify the PeraYtte anypr Contractor lac said damage must be repaired by the Permittee and/or
Contractor walla a _ .L.1t1 Illadatile time as determined by the Welt ;Daunt r'Engineer.�
(b) If the Permdtae-and/or Cotactot does not repair said damage tenpin die ri able time as:
determined by th .Weld RiY pursuant tq subparagraph*abgue,:ben Ha R tee and/or
Contractor shelf:ha
Ni bobond in:order to pay for the tyacir't,aa*darhegaa;"
(C)Weld County abit9 bete the right to bit the Permittee and/dratted for an a4Qltiottal twenty-five •
percent (25%) of the remedial cost's!) an administrative fee for aeectupting said repair.,
' ARTICLE e
Severability
(1) If any section,subsection, paragraph,sentence,clause or phraseef this Ordinance ismfor any reason
held or decided to be invalid or.unconstitutional,such decision Shallnot affect the validity of the-remaining,
portions.
(2) The Board of County Commissioners of Weld County, Colored%hereby decipres to it wand have
passed this Ordinance and each and every section subsection,paragraptb slim trek ctadab and phrase
thereof irrespective of the fact that any one or more sections,subsebuonerpar$gteat%fSntencea,clauses.
or phrases might be declared to be unconstitutional or Invalid.
ARTICLE 4
Liabfl@y•
This Ordinance No. 143 shall not be intended to createa civil cause of action against the Board of County '
Commissioners of Weld County, Colorado, the Weld County Engineer, or any other persons that may
administer this Ordinance No. 143 in any manner.
ARTICLE 6 - -
Effective Date
BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County,Colorado,that this
Ordinance No. 143 shag become effective five (5) days after its final public notice,in accordance with
Section 3-14(2) of the Weld County Home Rule Charter.
The above and foregoing Ordinance No. 143 was, on motion duly made and seconded, adopted by the
following vote on the --- day of , A.D., 1986.
BOARD OF COUNTY
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Jacqueline Johnson, Chairman
•
Gordon E. Lacy, Pro-Tem
•
• Gene R. Brantner'
C. W. Kirby
Frank Yamaguchi
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Board
BY: E
Deputy County Clerk
APPROVED AS TO FORM:
. . •
County Attorney
Second Reading:May 5, 1986 -
Published: May 8, 1988, in the Johnstown Breeze
Final Reading: May 19, 1986 -- -'
Published: May 27, 1986, in the Johnstown Breeze
Effective: May 27, 1986 -
Public
It
Pee pereit No.
Reteipt No.
Date' Issued
sate Sort ..
Est. ,.deletion Date
WELD.COUNTY, COLORADO
PERMIT FOR INSTALLATION AND CONSTRUCTION OF LIMPS OF XELECRAPR,
TELEPHONE,EtZCIRIC LIGHT, WIRE OR POWER OR PIPELINES
ALONG, ACROSS, UPON,AND UNDER WELD COUNTY RO(6 R10118-01,-00
nEPlniifONS:
1. "Contractor": Any party performing the installation and construction for a Per+ittee who obtains a Permit
purTwne to this.Ordinance. 6 Penittee may he a Contractor under this definition.
2. "Lines": Linea of telegraph, telephone, electric light, wire or power or pipelines.
I.. wp9,>tittteees; Rhe'oynai sod/ot operator of any lines to be installed and constructed upon any Weld County
r of-way under this PerDit. .
4. Weld County": All Inspectors, agents, and employees of Weld County, Colorado, for the purpose, of this
. Permit. All inquiries or writings to Weld County should be directed to the Office of the Weld County
Engineer, P. O.lax 758, Greeley, Colorado 80612„(1011156-4000, extension 4750.
MIND PAR2tU5: _
1. Penittee's Nan: - Phone,
Address: -
(a) Mame of Peralttee's authorized agent:
Addnss:
Phone:
2. Contractor's lime: none;
Address,
(a) Maw of Contractor's sth0ifted agent:
Phone, 1',. -
POORT: ..
Persittn is hereby permitted to install end construct •line along or across Weld County Road at the following locations,
according to the follwingrmgtlrements.
yawn P6WINMRS: -. ...
1. The installation and construction of the lines Upon the Weld County rights of-very permitted herein shall be
completed within days of the date of issuance of this Permit. Permlttee and/or Contractor oust
inform Weld Countyy"oft:e start date of all installation and construction. If rermittee and/or Contractor
intend to perform arty wort one aild'T1nes on any Saturday or Sunday, Penittee IS/or,Contractor must inform
Weld County of suel"iltentinh t9 writing. Any request for an extension of the rims f* cepletion, as
stated above, mesa be lade to Weld County prior to the required completion date. - -
2. Eermittee sod/at Contractor:mist submit plan drawings whichmist show the positioning of the lines te be
I installed_yr constructed on the rights-of-way. Permtttee and/or Contractor shall ascertain the location of
all wiacLg ,t lity l aes along the rtgltts-of-way. :All Owings must also show existing utility lbws,
onlwerts, ditches', mad`ahetnetione along the rights-ofnsy in relation to the lino e0 be installed and
constructed. If it becomes necessary to cbenne the location of the proposed lines, a new plan drawing must
be subeitted end approved before the installation and eonatrpctio say continue..3. Permittea and/or Contractor shall provide a surety bond or other security for thetotal amount required to
restore the rights-of-way upon which the projected limes:Aye to be installed or constructed, based upon
cbrrent Weld County nntract prices for the performance of such wort.:. Said security. shell remain in effect
for a period of eighteen (18)'months' after all installation and constructiop of said lines have been
cnpleted.: Thar amount of:the security shall be established by the Weld County agiuer.
4. Penittee and/or Contractor shall secure and aaistain insurance petioles that will protect himself, his
suhewtractors, and Weld County from clats for bodily injury, death,or property dsage, which may arise
from the installatio and construction ooteiplated herein, or caused'by'the lines which are installed aid
constructed as permitted hereto. Deed County, Colorado, c/o the Board.of County Commissioners of the
County of Weld, 915--Tenth Street, Greeley. 001prnd° $631, Rust be named as an "insured" upon said
insurance policies. The following Canrwca Policies see required:
(1). Statutory workman'a compensation.'.
(2) Contractor's public liability red property seam in the fellaog mums:
Each pease. . . 1y ,... 6150,000 .
tack aceldat. . . . . . $400,000
Property Damage:
Each accident. . . a. 5100,000)
Aggregate. . _ S300,000410
(3) Autapobile pebile liability and property demote:
Bodily Zetut$s
Each person .
Each eccid'eet .. 5300,000,90
'5300,000.00
Property Damage:
Each accident 5300,000.00
Certificates of Insurance and copies of insurance policies shall be supplied on application for a Permit,
or the:originals of said insurance:policies shall he on file with the Weld County Engineering Department.
Said Certificates of Insurance shall contain a thirty-day written notice of cancellation in favor of Weld
County, Colorado. Said Insurance nut be in force during the period of inatallat)on and construction
contemplated herein and for a periodOteighteen (18) months thereafter.
5. Permittee and/or Contractor shall mark all lines installed or tdnstructed herein with markers acceptable to
Weld County, Colorado. Permittee and/or Contractor Mall place a minimum of two markers per mile along
said lines, a'marker at each end of any bridge or ditch crossing which the lines are installed or
constructed upon, a marker at each side of any road which is crossed by said lines.
I'6. As a reminder only, every owner or operator of underground facilities, or association of such owners or
operators, must file statements with the Weld County Clerk and Recorder, in accordance with Section
9-1:S-103(1), or Section.9-1.5-105 Chg. rho Peraittee and/or Contractor:ahould notify, pl'ior to the
eking of beginning excavation, all owners, operators, or association of owners and operators having
underground facilities in the area of such excavation, in accordance with Section 9-1.5-103(3), CRS.
7. Pentacle and/or,Contractor shall he required to,shut Off,.lines end remove all ecabustible materials from
the Weld County rights-.E'eny contemplated herein Men requested to do so by Weld County, Colorado, beceae
of nceesasry highway ceestructton end/or maintenanee overatiens.
8. on the even..any chegea are made in ::the feture to the roadway,or its appurtenances within the
rtSh4n$t-coy contemplated herefp,;hat would necessitate removal or relocation of the lines installed or
constructed.herein, Penittee shall do so promptly at their own expense upon the written request free Weld
Coentys Celinido. -
9. Traffic shell be maintained on ell tights-of way. Ple se shall be provided et any locations where the
orderly flow of traffic is interrupted. '
10. The Permittee end/or Contractor shall provide all necessary signs and barricades in accordance with the
Manual on Uniform'!raffle Control Devices and its latest Colorado Supplement in order to wan oncosts;
wtoriets of any installation or construction work.
11. If a Permittee and/or Contractor must close a right-of-way during iistallstioo and construction, permission
shall be obtained from the Weld County Engineering Department at least 24 hours in advance so the
appropriate action any be taken to effect such closure.
12. No cleated or track equipment may work on or move over asphalt surfaces without meta. ' '
13. All disturbed portions of rights-of-way are to be returned to their original condition at a time designated
by Weld County. If not, Weld County will perform or contract such remedial work and Penittee shall
forfeit its surety bond inorder to pay for all work done. The Permittee shall be billed by Weld Comity
for an additional twenty-five percent (25t) of the remedial cost es an administrative fee in effectuating
'web remedial wort.
14. At the end'of each day during the installation and construction.: -
(a) All materials gust be removed iron the traveled portion of the rights-of-way.
(b) All entanitiwY upon the traveled portfolio of the rights-of-way moat he back filled.
{a) All materials end sacevatiens off the traveled portions of the rights-of-way must be properly signed,
in accordance with the Manual on Undies%.Traffic Control Devices, and its latest Colorado supplement.
15. Under no condition are asphalt surfaces to be cut unless otherwise-specified im the "Special Requirements^
section of this Permit. ,
16. The.installation of non-ferrous lines in any right-of-way shall require a suitable means to facilitate
- future line location, such as metallic warning tape installed above the line. .
17. Permittee and/or Contractor shall place gravel an all surfaces where any damage has occurred to the road
surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas,
depth of new gravel, and timing for the placement of said gravel. \\�'.
Is. On gravel roads where excavation is done in the road dmrfacas nor excavation>IgtetiHs are stacked on the
road surfaces, road base of 300 tons of 3/4 inch crashed gravel meting the lorado highway Department
apeeifieatiees for Cle oh
ell 6 gravel per site all be spread ever Ma road surfaM'peon completion of the
work.; Shedders an paved roads Mere excavation is done shall require 100 tone per mile upon eapletioa.
TWO sate are to coat...the toed,nrtaaq peel do not supersede oaf' mlpgnirometir within the,permit.
19. tfoesearmt of l'imse shall be remuree frs!on.ME'slope to toe of elope under all paved Canty roads,
intersections, and approaches, unless otherwise,specified in the "Special Requirements! section of this
Permit.
•
(Iraqis,- May 22 1980 — 21
O ?ICC .
To. edhei s and sthled, to oaccess to a throated Yv 'he ag pen{ tied rightist'„ thr omit
edam such dodo not or° ether-Paints to of item*i are 1 • be 6 tErt gRoul s through traffic
ruedveya and do not obe[rnct.maintenance operations within the rigbtatfway.
21. Name ground appurtenances, including, but an,t:l limited to w , dear{ Cooneiy Engineer,orr,valve
astations
s
shell he allamed.vtthif the rights-of-way a approval
to the "Special Requireseeta" section of this Permit. _
22. Thrust blocks shall be required on all vertical and horizontal bends in water pipes. -
2). If any wet or incempactlble materials are produced from eacalatlona, they shall be completely removed from
the rights-of-way and replayed with compactible materiels. She right-of-may shall then be returned to the
original grades and cross sections. Weld County will have the authority co determine'hat materials shell
be discarded and whet arterials shall be acceptable as replacement.
24. Complete road restoration including, bqt not limited to, clean-up, repair of damaged facilities, trench
compaction, and replacement of gravel shall De kept vi thin one 41) silvnf tee "%enemies. tackftllipg
lifts greater then eight (5) inches, but not exceeding eighteen (IS) inched',shall be prrraetedi Providing -,
that the Pernittee end/or Contractor has suitable equipment to properly compact the depth of lift placed.
Weld County shall determine if the Pernittee and/or Contractor's equipment and the depth of backfill lift
is appropriate. Ninety-five percent (SS%) of a standard proctor shall be required at any trench depth or
in replacement of any materials within the traveled portion of the rights-of-way Eighty-five percent
(a$V of a standard proctor shall be required at any trench depth or in replacement of any materials off
the traveled portions of the rights-of-way.
)S. No culverts, irrigation structures, drain lines, utility lines, or any other facilities within the
rights-of-way are to be cut or damaged. In the event the Permittee and/or Contractor inadvertently damages
a facility within o•right-of-way the Permittee and/or Contractor must first notify the owner of thb
damaged facility, and the Pernittee and/or Contractor sust'.either immediately repair and replace the
dmmeged facility or my for the owner t0 repair and replace the same, in accordance pith,,the desires of the
&weer. All damaged facilities are to be inspected-by Weld Countybefore being ceeeeeldd in sey'lmmr.
Drainage and borrow ditches are to be restored to original condition immediately after backfilling is
completed. It in the duty of the Permittee and/or Contractor to anticipate all underground obstructions
such as culverts, irrigation structures, drain lines, or utility lines. The Pernittee and/or Contractor
agrees to save and hold harmless Weld County from any claim, either directly or indirectly,for any Usages
to any and all culvertb irrigation structures, drain lines, utility lines, or any other facilities with&
the rights-of-way which ere cut or damaged.
X. No wfrozen
installation or cotroction is to be performed when the ground is to a depth which.will'cause
damage to the rights-of-way as determined by the Weld County Engineer.
27. All underground lines installed or constructed within County.righterof-way shall have a minimum of three
(3) feet of groundcover.
T{. Special Requirements: �.
CUR TO WELD Cow mfli .
Permittee and/or Contractor fully understand that all line installation and Construction will I.e performed at OP
impasse whatsoever to Weld County.
OWNPSNIP AND NAINT[MNCE:
Psasittee shall atop, maintain, operate, and repair any line metalled or constructed herein in accordance with
tee regulations, caditiame, end terms of this Permit.
?smitten and/or Contractor, their agents, employees, subcontractors, and 'assigns, shall. epee to hold.Well
County, r Colorado the agenciesludi thereof, se theiconsequential damages,whichlmmay aarise,ess out or caeected,mid all, loss and
.with the
dram Or 1, Atlas, inn.maintenance,
ag n any 9
construction,refer, installation,work fa alteration, removal, or presence th of the lines installed and;a ecluding.
herein referred,to or any or facility connected therewith within a the area chick edm by case ms excluding
y
any such loss and damage or a% shied, Including any officer and damayee which may be caused solely by the
negligence of Weld Caunry, the agsuciea thereof, or its officers amt employees. r
STOP WORK:
Weld County shall have the right to order the Pereittee and/or Contractor to atop work meytise Weld County
believes that a violation of this Permit has occurred-or if seers is a danger to the public safety if the work
continues.REVOCABILITY:
Weld Weld County reserves the right to revoke this Permit at any time, should the Permittee aaq(mr contractor fail to
comply with any of the requirements of this Permit. Should this Permit be revoked, Permittee and/or Contractor
must obtain a new Pettit and pay all required fees therein in order to continue with the project contemplated
herein.
1s shall be is held Cooney, Colorado. la say dell evert actie=brpegl:t pureest to this Permit.
"Sr"_.r-. • — "
Weld County reserve the right to charge reasonable feu in order to defray the cost of inspection end any and
all administrative expanses associated with the installation and construction of lines contteiplattd by this
Permit,according to a schedule of fees estsbllehep by separate ordinance. ,. e
Gg'LD tO1BrTy� EOtf11L111D:
•
Title: - \
In accepting this Permit. the undersigned verifies that they have read and understand all of the provisions of
this Permit.
PERMITTER:
By:
SUBSCRIBED AND SWORN to before me this day of • - , 19
WITNESS my hand and official seal.
Motets.Public
CONTRACTOR:
By:
SUBSCRIBED MD SWORN to before me this day of , 19: .
WITNESS my hand end official seal.
_ Rotary Public
My<omission expires:
•
The Board of- Weld County
Commissioners shall give
preference to resident Weld
County bidders' In all oases
where the bids are competitive in
price and quality.
WELD COUNTY,
COLORADO
BY: Bette Rhoden
Purchasing Director '
Date: May 22, 1986
Published in the Johnstown
Breeze
rv `
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO
55
COUNTY OF WELD
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1S79, or any
amendments thereof, and that said
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of said weekly
newspaper for the period of ..L.. consecu-
tive insertions; and that the first
publication of said notice was in the issue of
said newspaper dated el.. A.D. PAL'
and that the last publication of said notice
was in the issue of said newspaper dated
A.D. 19
In witness whereof I have hereunto set
my hand this� '6 day of / M
A.D. ll�/y ite27
(-14 / Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
We d, State of Colora 2., this .4- day of
Notary Public
My com issign,exires
My U rnrmssion Expires June 14, 1187
2 South Parkh Avenue
•
Public
AMBII$D
-O*Ot1(MCE NO. 143 _ ' •
-
IN THE MATTER OF REGULATING THE I TIONaMp, TRUCTI LINES OF TELEGRAPH,
TELEPHONE,ELECTRIC LIGHTS WIREYAT'�i R OR PIPELINES ALONG' t t SS.UPON,AND UNDER
WELD COUNTY, ROAD, RIGHTS-OF-WAY
DE IT ORDAINED BY THE BOARD OF COUNTY,-COMMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of the Countynf Weld Colorado,pursuant to Colorado
Statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of
Weld County, Colorado, and
WHEREAS,PURSUANT TO 438.5.101,CRS,Weld County must permit any domestic or foreign telegraph,
Maphone, electric light power,gas, qr l8aethe cosign,
EMte of Colorado or any city or town ledrig lower peo uoi to do business under laws of the
construct lines of:telegraph,telephone eleeefric light,ri wire Power or
facilities ares theonht td
under any County road right-of-way, and
wire or power or prpapne along,across upon, and
wHEREAS,the Board of County Commissioners of Weld County may regulate said installation and
construction to ensure That said lines do not obstruct or hinder the usual travel on such road rights-of-way.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Weld County,Colorado:
ARTICLE 1
VISIONS
Ssetion 1 -..Purpose and Intent
It)'To indure that the installation and construction of lines pi telegraph, telephone, electric light,wire or
pewer,gen or pipelines along;across,upon,and under any Weld County road rights-of-way do not obstruct
or hinder the usual travel upon such rights-of-way.
121 To ordure that said Installation and construction is done in a manner which provides for the saw el
the traveling public upon said rights-of-way and in a manner which prevents damage to said rights-of-way
(3)To enable the Weld County Engineering Department to be apprised of the location of said lines along,
across upon and under said rights-of-way and to provide for the marklhg of the same.
Seetlon )1 -.;Authority,
This Ordinance le adopted pursuant to Section 38-5-101, CRS. - . -
Section III - Definitions.
Section Ill - Definitions
PerroltCewtrsetsr", Any party performing'the installation and construction for.a Permittee who obtains•
pursuant,to this Ordinance. A Permittee may be a Contractor under this definition.
(2)"WLoes'4 Linn-of telegraph, telephone, electric light, wire or power Or pipelines.
(31"P..relttn"t The owner and/or operator of any lines to be installed and constructed upon any Weld
County road right-Of--way and who has-obtained a Permit pursuant to this Ordinance.
Section IV - Applicability
111 Thspaarw.. *..sloanfigeusbajail and—trust knee of telegraph,telephone,elect
wire tlr" gat sit . :.upon, t ander tiny Weld County road rights-o-..
.444lin.V - sS.Newaby+ to *bit �slgilatlan4
in in titan ppppucpp�� a -bfr pt applicant for a permit from any other
roqulrernen bf this jurisdiction or other to edera� 1 law's.
(2).To Me extant that the requirements of this Ordinance dit6rfrom any other aPPlimbie ra4uiremeois,the
More restrictive requirements shall apply.
ARTICLE S -Permits. Administration,Administration, and Enforcement
Soetten I --DeleSetIsa N Auabadtfr -
The Board of County Commissioners of Weld County Colorado,hereby delegates its authority,putseete
Section 38-5-101,CRS,to regulate the installation and NY construction of lines of telegraph,telephone,electric
lifipht,wire or power or pipelines along,across, upon and under any Weld County road rights-of-slay to the
Weld County Engineer and his employees.
wallow N • Ps ..$ *wL_1
1)No Xegrgr MM nonirsrs,i Raw,th drips list,rYror I»wr or uno
song,aMaIMAMIra�'MeAMtf.70rfl. Y wiaaY114(dhlaaMM PuaNl iron the
:Weld County or such tree.
(2) business doesdome*or foreign to of th State a to aro tdf c power.gas* rte electric
p lio producing
topr do distribution
under the lawstthe State tqtf add ii*roily or rice owdntel!end oe#Wu construct li es of
teIegra buts$ficgihe l may obtain i o rmR; rsP e'w iii nonce, tit irtand andaWeilines of
road a e f-W w electric tight vote or power qr pipeline slag,acmes,upon,anti under any Weld County
.roe ' aaway.. .-",.(3) Said permit shall address the following,and shall be substantially in.the form of the permit which is
attached hereto and which is referred to herein as Exhibit "A":
(a) Completion date of all installation and construction work permitted.
(b) Submittal of plan drawings showing the positions of lines to be installed or constructed.
(c) Surety bond or other security-for the total amount required to restore the rights-of-way.
(d)Insurance Policies provided by the Parrett*and/or Contractor naming Weld County as an"Insured."
(e) Marking of lines.
(f) Recording of the location and type of lines installed or constructed
(g)Shutoff of lines an the-removal of all combustible materials from the rights-of-way when requested by
Weld County, Colorado, because of neeeaeary highway construction and/or maintenance operations.
(h) Removal or relocation of lines installed or,constructed on Weld County road rights-of-way at the
permittee's expense because of changes made to said roadways or their appurtenances within the rights-of-
way.
(i) Notm eetion'lb the Weld County Engineering Department of the desire or need to close rights-of-way
during,installation and coaetrudian.,
((�� Piled of i�t rY degas add pq ipsdaln in acbrordanp with r Manual on uniform lyaflk
andtra D aSlik OrMat Cbkre9 ' uppwnmenf In order b seam opWmidg motodsl of anY inefalwtlan nd(10.afithifinianco-et tragic, Perl tights-W*0y tithing installation arid"construction.
(g pMgiAM(lon of.r:teatep dr.Mack swinge t wonting,upon asphalt surfaces without mate
.j.(m). Retire oat,all-matbrbad northing* righisrMarily'to their 9rgfnat condition
,(n) Removal of all materials used In the installation and construction at the end of each work dee.
(o) Res rictlon of the cutting of asphalt surfaces, -
"'(P) Means to facilitate future line location when nonferrous Noes are installed in any rights-of-way.
(q) Placement of gravel-surfaces where any damage has ecdrra to the.lights-if-way surface foam
equipment, trenching, or storage of material.
approaches,(r) Encasement
os lone f rn toe
oeOof slope to toe of *lope under all paved.roads, intersections, sad
(s) Positioning of manholes and other points of access to underground lines within rights-of-we&
(t) Damage and replacement of drainage taelaNea.or siphon& -
(u) ret , and/or valve
Restitution,
atsthe
Installation
of ae thip the rghla on Wn ;
including but not limited to-meter
launchers,
(v) Requirement of.thrust blocks oh all vertical and horizontal bends in water pipes.
(w)Removal of any wet or incompactibta materials produced from excavations from the rights-of-way and
the replacement of the Mme with compactible materials.
(x).Complete road.restoration.
) ptoMpNwq of the gutting or damaging of culverts, drain lines, utility lines, or any other installatiw
within the rights-dwapi
(zJ.Prekilyppa iaw$ahon a gorwtrualon when the ground is frozen to a depth which will rase
d ahlia,DA ON hay`aa detapnbwd by the Weld County Engineer.
foil/"agwWMgatMrlld kW):installed and oprsk*cted with a minimum of three (3) feet of groundcovet.
(I*14010044.oJ,gravel over the road aurae**pan completion of the line installation or construction.
I tMt Mt Wta installation and construction w to be t)edrme od at no expense
Mkak4,.die 1b,W ty, Colorado.
. Drat**nth*. a .11N--.-., 13
() titre.
(ddt-The stWerotaaltifirt SIMS OS-P'ermdHM-aMIt raeW. 1 tine instated or'
constructed. uri
fee) Agreement for indemnification. -
(fit-The right of Weld County to order the Pennitteo to stop work -
`
(gg) The right to revoke by Weld County.
(hat Venue in any civil court action brought pursuant to the permit or this Ordinance shall be in Weld
co-v... -
Ba letting of fees.•
N) Grounds for denial of permit -Motion for for permit pursuant to this Ordinance shall Pr'denied d,lathe of_ .W4 *Qou�iy
P^ the applicant had laue4to 000yeate in prOViding Jnb ntatiat
the surety bond'and insurance refaced to above gfie Weld eat
the cant may submit a written appeal within ten (10) days after the denial To the�Boa d of oubty
ComMMloners of Weld County-Colorado,for a hearing to consider whether.the Engine*Was 1p error in
dmrymg said permit and whether said permit should be approved. -
(h Within twenty(20)days after receiving a written appeal,the Board of County Commissioners shall set a
date for hearing.At the hearing,the applicant may be present and testify and presets evidence omhls behalf
if he so desires. Said hearingshall be de novo and the burden of proof shag rest;upon the WeId,Counly
Engineer.
/
(b)The Board of County Commissioners shall approve said permit If the applicant proves to said Board that
he or she shall provide the requested informatiorr-to the Weld County Engineer and provide the bond and
insurance referred to above.
(5)Weld County may,ad its option,hire inspectors on major projects to inspect the wottdonepursuant to
the permit Whenever such an inspector is hired, the.Permittee shall pay the direct,:expense; such
inspection.
Seethes Ill Enferoemowt Provisions
(/ T e Wes County Engineer shall hove the.right to order the Permittee to stop wgik-elite maid
En indor believes that a violation of his permit has occurred or Is.these Is a danger to tor!jlyblcs) Of the
wart continues.If the Engineer orders the Permittee to stop work,the Permittee may mltaWittCan appeal
wen ion (10) days after receiving the Engineers order to the Board of County Cergmiµipgers of Weld
County Colorado,for a hearing to consider whether the order to Stop work was in error,and-whether-the
Pmmatee should be allowed to continue with said wank
(a)Within five(e)days after receiving an appeal,the Board of County Cgmmiseionem ah set a-date tofta
Swine At the hearing;the Permittee may be present and testify and present evideno►on eh$f g hear
desks*Said hearing shall be de novo and the burden of proof shall rest upon the llb)dCounty-Engineer.
Abp The Board of County Commissioners shall reverse the order to stop Work It the Permittee proves that
said order was in error and was unnecessary or g to Retmittee agrees with said Beard to remedy the
defects or problems which prompted the stop work order.
(ef If the Board of County Commissioners decides to uphold the Engineers order 1d etc Stark theperintt
ich said work was permitted stag gbe deemed to be revoked.Upon revocation,the acqulsittW1eta
nee it and payment of all fees required therein shag be$Cessary in order for work upon the pfdjle to
(m The Board Of County Commissioners may revoke any permit lamed pursuant to Orejnoso aso*
time should the Permittee and/or Contractor fail to comply With any of Me require of'me fie ait,,Uyon
revocation,the acquisition of a new permit and:payment of all fees required there.. al be neater/rn
order for work-upon the prefect to continua. - V
Section IV - Penalties
(1) Criminal penalty: ...
le)Any Person,firm,or bek prbtion vi lading t leO o Weid�a be punished by a `aRapt than
three hunted dagentlll��p�M AY e t rl eWl Magid
ni not bo nTaio t,Ydthan
or by both such kne er.tma sbnment Each do whithyuch si sot don h f ' sit
a eel arses,Offense ,;, ,,;3
(21-Chill remedlet
(a)In the case of-any violation of any plovisbn:of'thle Ordmgnta,the Weld Coriaty Xtbr)nj$1iiv see the
Boerdof CountyCommisslonere deems it appropriate,the"tllstict Attorney,in addition to a °lifer remedies
provided by law, Ordinance, or Resolution, may.Institute an Injunction, mandamus, abatement, or other
appropriate action or proceeding to prevent, enjoin, and/or abate the activity which Is In violation of this
Ordinance. _ _
(3) In the areal arty was cams raw d!IW'M'w v� ��Ip'-� Sty the in�MMioh and anavuctbn
{(o,a11 TelttfileTM*oat.weeleelb ffie;,{ eCaa Contacle5 than Nerd Cotmty Walk
Contras Seib
Witte C yr
wMeh�e`t±tMr 1M'aaill+Mc i `in� auuityM aeanWrir
(b) If She andfdr-'Comrade.deed r16K' q
determined el t Enonaarvparew tnOWta Mee ti a saws Fed tag a g'a 'la'
Contraetor Sam see la aide.-to eti Ism the.elpair of-esg<damages.
(el Weld County snail have the right to his'the fiarmittee and/or Contactor for en additional twenty-five
percent (25%) ot the remedial cost-as an admhdakNWe.-fee ten effectuating Bela Algalr -i .,
A1111CLt
(1) If any section,subsection,paragraph,sentence.clause or phrase of this Ordinsncti'M,her anyreason,
held or decided to tie Invalid of unconsnWtional,.such dpcpabn shall not affect the validay of the remaining
portions
(2)The Board of County Commissioners of Weer Cousfy,;.Cotorado. hereby decalitre that have
seemed this Ordinance and each and every section, subsection, paragraph,sentsMe, oytme
thereof Irrespective Cl the fact that any one aam e eer%ron0cparagraphs,sentence& greettltio
Cr phrases might be: declared to be unconstnal of ytwjsd,
AR11C6t 4
This Ordinance No.143 shall not be intended to create a civil cause of action agelnef the Board ofCounity
{o�ea�nm�paaianam of Weld'County, Colorado, the Weld County Engineer, or any other pemsns;pgt any,
eraMnieter this Ordinance Na 143 In any..manner.
AR11CU D'.
Uffeotlw Date ..
BE IT FURTHER ORDAINED by the Board of.County Commissioners of Weil County, td,Odors the.IAis
°pMraiInnance No. 143 shall become effective five (5) days after its final public notice, in accordance watt
Meson 314(2) of the Weld County Home Rule Charter.
The abeve and foregoing Ordinance No. 143 was, on motion duly made andseconded,adopted by the
Stowing vote on the --- day of ----, AD., 1986. -
Oerdon L larlyTim
1i Kkb9
There Xmatpueh'
ATTEST:
a��Rrzf':Clerkntto Boned Reset !., , -
DaMlny County Clerk..
Atl ROVED AS TO FORM: -,
ghat
May 8y, �y —
.'Annatt . fn the Jeeneter arena
Flnai ng; y �1
Published: May 21, 19BB, in the._.Johnstown Breeze
Effectivei May 27, ta88
•
•
Public
Pee Permit No.
Receipt No.
Date Tithed
- .p ..Date Start
- - get. Completion Date
won wow, cotaAD0.
max POt new AIO CO ISTRictwei or 1AMa or y84PGRAWI.
TEL6PROWNc non. WIRE OR y%1el Cl PIPELINES
ALM , ACWIDW,- )END 1MDA WILD OOIOR[MAD klCIQs-OP-WAY
1..'eyC,p4RtptC this irdipdr"performing the installation and coosttpcttm for a Peretttee who obtains a Pettit
our Cu t 8 say bee Contractor ender this definition.
I, aL aMP; Glair of telegraph, telephone, electric light,vire or power or pipelines.
3. "." trine&': The owner and/or operator of any lithe to be installed sod constructed upon any Weld County
rlihtt-of-wy under this Permit.
1g
4. Ibn¢ te't; S1l in petters, agents.. and employeed of Weld County.Colorado, for the purposes of this
quiries or wr(tinga to Weld County should be directed to the Office of the Weld County
Engineer, P. 0:to 138, Crieley, Coloredo 80632,'(303) 356-4000, extension 4750.
e PARCAgg;
'1. Permittee's Muni - phone:
Addreath
(a) Rota of Permittee'e authorized agent: _
Phone, Address;
2. Contractor'Mier phone,
Address(
(a) has.of Contractor's authorised fleet
Phones Address:
Permittee 1%benypy pacsitted to install and construct a
line Olean?egress Weld County load, at the following locations,
'ee:dtd$ to the toiloriet rmgntterolia. •
MOUT
1. The t etailition sod seestrnctiae of the lines upon the Weld County tiighis-of-thy permitted herein shall be
usWlned within - days of the date of ithasate of.this haft. Rersittee..sad/or Contractor feet
Ian Welt Canty of the stare dace of 41 installation Sd eonetruatfw. If Pemittee and/or Contracts,
Latina to pertots any park en said tinge on any Saturday or S, day,POanaae end/or Contractor wet LanmobWeld County of mob intention in'tatting. Any request Tor a ertegsim of the tins for coepletia, as
'SDated those,meat be Dada to Weld Comity prior to the.reegited eeyletian date..
S. pentttse-aed/or togtector gust NOM plan Swings tail*post stews the positioning of the /ions to le
installed or constructed on the rightevf- y. Peralttee dad/or Contractor pull ascertain the locative of
all alliedag Stint, litho along'the rights-of-way. AU'-drwrags watt.ass show existing utility lines,
alters,,,fifths 01Wft tn of 4Oa along the rights- -sa a y relation to the awllines to be installed d
ee neteueted. le it teowis'neaaary to tarn the lee sin 9$ imposed,Mass s sew plea.draoiagart
be aaedtted,and ypeered before,the tact?:a rin uey satin i
3. Penittee and/m'Oeetraetor shall preside a surety ball] or other acerity for the tool amount repaired to
eeetere the rlthts-of'ey upon rh eh the projected lilac are to ha installed or constructed, hosed yon
tcrreet Weld Carty eeeeweat prime for tits performs:it of suet sett. geld security,shell reuntn in effect
in a period of eifbtaa (18) menthe after all 1nth tlatiee and construction of said lips Wee barn
cempiet$pq The s tantritebe seearttyac a all be sablfMad by the Weld County Rnynear. ,
4. Peemittee eel/ee r ,taetsp shall secure and salon w pa s taparwllets! Meet will protect himself. hie
eebceetrectore, 4pf i.Conty from claims for bodily:injuryr it property dusts. With my arise
frown the installation [nq construction cootgleted b id, or tooth sit the lines which ate installed end
eoeteutad+ep.;;4ie siuted_hnedm. Weld County.. Col a/o.WOO WWI*of County' CSNatawt'a of the
County of Weld 915 Tenth Street, Greeley, Colorado:= 80631, west he named as an "insured" upon said
insurance polities. the following insurance policies are required, ..
(1) Statutory workman's compensation.
(2) Ceetracett's public liability r property dmeap , the fellartng seas:
!WO;lalny:
Each person
bath saltine. 9e190,000100
Property Daeset 4404.40049
�amgaco . . . . . . . . . . . . .'_ . . 5100,000.00
• 5300,000.00
(3) faRpechtle public liability and property damage:
rte t - 5100,000.00
. $300,000.00
-dAtota�idast $300,000.00
-� i" MMtsiWtoNouN of 1neYNce policies shall be supplied on application for a Permit,
said
policies shall be on file with the Weld County Engineering Department.
Cent
Siena Ii contain s thittyMn9 written notice of cancellation Iv favor of weld
oun tadhe Reid inaurante sett be in force during the period of isstalletion and conatroctiom
ha§a4},for a period'ot eighteen (10)soothe thereafter.
S. tPeirMted/or CongrNbor shall'mart all lints installed or constructed herein with markers acceptable to
,.Colorado. 'FeriCCN uad/or Copttmolfgv Mall/Wafta tiT1O two markersof markersu tr
per mile men
amid
a, a marker at pith me4 4 - ►ridge or' ditch crossing which the limes are installed or
coestr led apoq, a marker at.be ,**ref NY road Aid: is creased by said lines.
0. As a lapin$er only, every Owner qy gpkrator of underground facilities, or association of such owners or
opeta14$nt�east file statements with' the Veld County'Clerk add Recorder, in accordance with.Section
9-1.f-Iq(1) or Section 9-1.5-103, CRS. The Paredetee and/or Contractor
asking'or beginning secession, all mere operators, or association of should notify, prier toha the
underground facilities in the area of such excavation, inowners and 15-103re having
r'} acoorddnq with Section 9-1.5-107(J), CRS,
7. ?amities and/or Contactor shall be required to mhwt off lino and remove all of�the W- Cawat (igllip-gf-way contemplated herein whencombustible materials free
aaesaty b ,a7 construction and/or maintenance adoration,.�regulated to do so by Weld County, Colorado, because
S. In then evens epat cheap eve tie in the future-to the ridltsyt4'-way tout lead herein that wouldroadway or io appurtenances installed the necessitateconstretted removal or relocation of the lines fes or
Caw lors0 na^Pa[slttee *half do so promptly at their own expense upon the written request flab Weld
9. 9reffte?phall be maintained on all rights-of-way. Flagmen Wall be prodded at any locations where the
orderly&glow of traffic is interrupted.
•
10. The hgfttae Nd/or Contractor shell provide all necessary sip and barricades in.accordance with the
Ieneal es Ileitis, Traffic Control Devices tad its latest Colorado Supleeent in.order to warn oncoming
. ..motorised of say instelleplae or construction work.
11. If a Pa sittee add/N Wntraotor muse close a right-of-way during installation sad construction, permission
shall WC *braised from the Weld o County Engineering Deportment at least 14 hours in advance so the
apprepthite actions MOW taken t effect such closure.
12. Ito cleated or'.'t[Yk equipment say work on or move over asphalt surfaces witho
ut maw.
13. All disprbed portions of rights-ofwy are to he returned to their original condition at a'tine designated
by Weld .;er,sty. If hat .held County will perform or contract suchremedial lath and hirsute. shall
forfeit I. nicety bond', order to pay for all work done. The Permitter shall be billed.by Weld Comity
for art additional twenty-five percent(15l)'of the radial cost as an administrative for in effectuating
such rest fl work.
14. At the and of each day during the installation sod construction.:
(a) All materials must be reacted Eras the traveled portion of the rights-of-way.
(0) All egesiatfoes open the traveled portions of the rights-of-way must be back filled.
(c) -All material,end escavetions off the traveled portion, of the rights-ofway mutt be properly signet,
in,aeeordanes with the Wuusl on Weifore Traffic Control Devices, and its latest Colorado supplement.
IS, lion no coedit-ion it•asphalt solace to be cut unlest nfhensi: specified in the "Special Repiremenea t
19. The -Installation of non-terra.., lints in any right-of-linty shall require a suitable seems to fNlligas
future lire location,such as metallic warning tape installed thous the line.
17. Poeticiseand/or Contractor shall.place gravel on all surfaces Here any dolma has Nagryg to the surface from trenching, or storage of material. Weld Cam errs,
depth of rem ere41,:ssd timing for the placement of said gravel. ens shell deteretme tho grated.wane,
3E. On gravel roods re excavation is tom in the reed YSLces or satiation material@ are etac}ed al the_ base of 300 tone of 3/4 INh.crushed gravel meeting the Colorado Highway bepsvysemt
__ specifications for Cla e 4 gravel per mile shall be spread over the road surfaces epos coeplettee et the
work. Shaeldm on paved reeds whore tosetien is done shell require 100 toes per mile upon conplettme.
These moans are to cost the reed fsees And do sot supersede requirements withinald permit.
19. lecastieut of intersections,end its
O:lllehdr lm9at'ele'frr ire of slope to toe of opt under elf paved County mete,
intersMproeEheer unions rise specified in the v1 lel Requirements section of this
•
ofi'ces ,$
26. g lot4 aeh$1 l02albe}iE tereii 4 .reto W w `1.0 aewr.'W4aisay
2�'`' `--dg
tine t argue
road ewe aYdoon t or Sher en Si .w nit bright 'ay. FPeedh
roadways and do net else k remante operations H 4o the rights-ofwry.
21. Above ground appurtenances, inclW/a$, but not limited to esters, launchers. receivers, or valve stations
shall be allowed waggle gem rights-of-way only upon the approval of the Weld Canty engineer. as notified
in the 'epeeist Requirementaw section of this Permit. --
22. Thrust blocks shell be required on all vortical and horisantsl bends in water pipes.
22. If may wet or inecepactible materials are produced fine excavations. they shall be ocepletely reemed from
the rights-of-way and replaced wick coepeettble materials. The right-of way shell then be returned to ono
original grades end cross scrims. Weld County mill have the authority to detective what materials shall
be discarded and what materials shall be acceptable as replacement.
24. Cceplete road restoration including, but not limited to, clean-up, repair of dWµd facilities, immesh
compaction,.and replacesent of gravel'shall be kpt within one (1) mile of new excavation. sectfill,Yg
lifts greeter than eight (t) inches.Out not exceeding eighteen (le)Inches. shall be permitted, prodiges
that the Permittee and/or Contractor has abitible equipment to properly compact the depth of lift plead.
Weld County Mall daterine If the Pereittee and/or Contractor's equipment and the depth of backfill lilt
is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench dept,se
(85%)pofc••standard any
shall be within
requ red[at e any trenchh depth rtion of or inrreplacemennt of taannyymatertelssilf
the traveled portions of the rtghta-ofway.
22. No culverts, irrigation abrectrea, diets line*,, utility lines, or any eon fetitities't!ithin the
rita-of-way lies ed bon Stoned= aged. 10 Me event the Permitte*and/or Cttiattor'inaeterteitly doggie
a facility within a tight-of-may, thm Porosities and/or Contractor must first notify the sr:of.1W
damaged facility, end the Penittee nd/or Contractor must either inmmediatelye repair the d Aware,. e w
tem
' damaged facility or pay for the owner to repair and replace the same,
owner. All damaged facilities are to be inpected by Weld County before being concealed in any manor.
Drainaee and borrow ditches are to be restored to original condition Immediately aftor backfillint Se
copleted.. 'It is the duel of.the Permittse and/or Contractor to anticipate all underground obstructtes
ouch as culverts, irrigation structures, drain lines, or utility lines. The PMittee an0.or Cbntta/W
*trees to save acid bold harmless Weld County,from any claim, either directly or indirectly, (pm
door
to any and all culverts, irrigation structures, drain lines, utility line*, or any other facilities vista
the rights-of-way which are cut or damaged. '
Y. Po installation or construction Is to be performed when the ground is fresen to a depth which still cams
damage to the rights-of-way as determined by the Weld County Engineer.
27. All underground lines installed or constructed within County rights-of-way shall here a minims of demo
fel feet of µandcovr.
Y. Special Reeetranente:
Sa w 11E1D wug2y: -
Peseittee and/or Contractor fully Understand that all line installation and construction will be performed at so
apes whatsoever to Weld County.
MgYtIP.AND naisinl NCE:
Peemlttee shall own Ylntein, operate, and repair any line installed or constructed herein in accordance with
Ile ragelations, conditions, and terms of this Permit.
yg rpfCATIaIt .. -•
posttest and/or Contrettr, their agents, employees, subcontractors, and suites, shall agree to beta Veld
Coats, Colorado. the agencies thereof, and their officers and employees may s aaless froa ess or be carotene('and
all
with the
damage or any stales, Including any consequential damages,al, or presence of the liey SYta11e4.and e„efestrel
homaas eterr d ooraan maintenance, alteration, removal, callable
an such
h leas to or any orwork or facility including
therewith within the area which catered lag this sod s l lout
any igen leas and damage f any claims,isorany consequential s desoyee may be eansed aalalY.b/ tut
negligence of Veld County, the agedciea thereof, Its officers d amploysas.
work Weld bbeelieves that*hell
vi have the right to olation of thus Permit has ocder ccurred ttee orn if and/or Contractor
iata denµr tosthhee subtle anytime
y f the work
continues.
PIV0CatalTr,
Weld County reserves the right to revoke this Permit at any time. should the rm Pernitts �orr Contree actor orafafall
to
to
comply with any of the requirements of'this Pamir. Should this Perstt be revoked, a
must obtain a new Permit and pay all required fees therein in order'to continue with the project contemplated
herein.
MEd
Vain Asll Im is l itCemty, Calaceds, is say atoll tart action besegbt Pataset to this Petit.
Pt Car ! _
Weld*call reserves the right to charge tenapeable fees in order to defray the cost of tnaiecti and .and
all s laMattatiee *Weir atated,with the insull•tiaa+sod construction of Bees a lathe genus
Pewit. Beattie{to'a scMYYdale of YeasestablSMmd by separate ordinance.
WED fDSKLS, CUSdMta:
syr
'' title, ..
Is accepting this Permit, the undersigned verifies that they beet road Red understood all of the previsions of
this Permit.
flwfl RE,
aY
EeasCRIntt AND SIMI to before me this day of , 1S
W1 SS 4 hand and official seal.
' Noun Public
pW69AC10Rr
By:
emtaiam AID SWORN to before me this dry of t 19
MINIS ay bend end official.seal. _
Bourg Public
Hp*emission expires:
MIMICS OP NEARING District and foam a basis for no later than ten(10)clay;before
adopting a Resolution approving, the hearing on the Petition, in'
DOCKS', Sbt1 conditionally approving, or die- accordance with the provisions 110.
approving the Service Plan. of the statute, the a`gner of any
PUBLIC NOTICE IS HEREBY real property thin the proposed
G petition that there was ed with. The.proposed district is located district may petition.the District
Me County Clerk arid Recorder
Recorder entliMy within the unincorpor- Court to exclude his property and
a
S Maki County, Cotes do a ateo a area of Weld County, the otsotyt Court, not the Board
maPlan and related docu- Colorado..Ac general eescpplthe of erm.ny Commissioners,party
Dray for the proposed Beebe of the land contained wltbin the determine whether said property
Drew farms Metropolitan Diatriot boundaries.of the proposed die• aiiould be excluded,
The Service Plan and related hieBe in the azanma Plat of THIS NOTICE IS GIVEN BY
documents are now on file in the Beebe Draw F Farms and Eques- ORDER of the Board of County
0111oc of the Clerk and Recorder tribe Center, A Planned Unit
and the Board of County Corn- Development, according to the hem Of Weld Cou
miners and are available. for recorded plat thereof, Reception i886.t devout spirt
public Inspection. No. 81992773, with the County
Clerk and Recorder of Weld BOARD' OF COUNTY
NOME IS. FURTHER GIVEN,. County, Colorado, located In OF COMMISSIONERS
Yee, °y L-Order of the County Sections 3, 4, 5, 8, 9 and 10, WELD COUNTY,
Camm.ssloners of.Weld Copunty, township 3 North, Range 85 - COLORADO
sale SeColoradorvice Paiic n and related on West
, Weld he 8th County,rincipa�erl - _
documents will be held- in the more specifically set Colorado,
in the BY: MARY ANN
Chambers of the Board, First Service Plan and related docu- FEUERSTEIN
Floor, Weld County:tentennlal merits which are on file with the COUNTY CLERK AND
Center,918 10th Etrs$,Greeley, County Clerk and Recorder. RECORDER AND CLERK
Cobrada at 9.'00 pm on - TO THE BOARD
Wednesday,the pith of May. Notice Is further given that anY BY: Mary Reiff. Deputy
1998. Mons after the filing of the petition
The purpose of.the healing Shall '..: ro pr the orgeposed district in PUBLISHED:April 24 and May 1
proposed the District nizatioo al the
and 8, 1988,-in the Johnstown
be to consider the adequacy of Court for the County of Weld,but Breeze
the ServicetheFarms an
'maned
Beebe Draw an
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BR E EZE
STATE OF COLORADO 1
Public ) ss
COUNTY OF WELD )
ORDINANCE NO. tea +sot my tw auoti' ' (f7 Th;_driygm of wale county toI, Clyde Briggs, do solemnly swear that I
order the Permittee to stop work am,publisher of The Johnstown Breeze;
IN THE MATTER •OF REGU- (2) Any domestic or. foreign that the same is a weekly newspaper
AND CONSTRUCIO INSTALLATION LINES light pohwer, gggaaeso car pipelj a Weld)Count right to revoke by printed, in whole or in part, and published
OF
IC LIGHT, WIRE OR business n under the laws ed to do of the (hh) Venue uuOp in any civil court in the County of Weld, State of Colorado,
POWER OR PIPELINES ALONG, State of Colorado or,any city or action
l brought pursuanta to tollthe and has a general circulation therein; that
ACROSS, UPON, AND UNDER town owning electHG power pro- permitor
WELD COUNTY ROAD RIGHTS- during or distribution facilities In Weld County. said newspaper has been published
OF-WAY may obtain a permit,pursuant to continuously and uninterruptedly in said
this Ordinance, to install and (0) Setting of fees.
BE IT ORDAINED BY THE construct lines of telegraph, County of Weld for a period of more than
BOARD
OF OF WELD COUNTY,COUNTY
telephone, electric,light, wire or (4)Grounds for denial/of permit fifty-two consecutive weeks prior to the
O
power or pipeline.Wong, across,
COLORADO: upon, and under any Weld Any application for permit
. first publication of the annexed legal notice
County road rights-of-way. pursuant to this Ordinance shall is c or advertisement; that said newspaper has
WHEREAS, the Board of be denied if,in the opinion of the I a p'
County Commissioners of the (3) Said permit shall address' Weld County Engineer,the splits- been admitted to the United States mails as
County of Weld,Colorado, pitqu- the following, and shall be cant has failed to cooperate in
ant to Colorado Statute and the substantially in the form of the providing .any information re- second-class matter under the provisions of
Weld
County
Ho the Rulele Charter,
of permit which is attached hereto questedby said
id Engineer
bond n
Weld the Act of March 3, 1879, or any
g ouand which is referred to herein as providing ty
administering the affairs of Exhibit "A": insurance referred to above. If amendments thereof, and that said
County, Colorado, and the Weld County Engineer
(a) Completion date of all denies the permit,the appricant newspaper is a weekly newspaper duly
WHEREAS, pursuant to §38.5- installation and construction, may submit a written appeal qualified for publishing legal notices and
101,CRS,Weld County must per- work permitted. within ten (10) days after the
mit any domestic or foreigndenial to the Board of County advertisements within the meaning of the
telegraph, telephone, electric . (b) Submittal of plan drawings Commissioners of Weld County, laws of the State of Colorado.
light power, gas, or pipeline showing the positions of lines to Colorado, fore hearing to con-
company authorized to do be installed or constructed. eider whether fits Engineer was That the annexed legal notice or advertise-
business under the laws of the in error in denying said permit
State of Colorado or any city or (c) Surety bond for the total and whether said permit should ment was published in the regular and
town owning electric power pro- amount required to restore the be approved. entire issue of every number of said weekly
duchy or distribution facilities rights-of-way. (a)Within twenty newspaper
the right to construct lines of (20)days after news a er for the period of consecu-
teles aph, telephone, electric (d) Insurance policies provided receiving a written appeal, the
light, wire or power or pipeline by the ',ermines naming Weld Board of'County Commissionen figs insertions; and that the first
along, across, upon, and under County as an "Insured." shall set a date for hearing. At publication of said notice was in the issue of
any County road right-of-way,and the hearing,the applicant may be p l�6
(e) Marking of.lines present and testify and present said newspaper dated .`1:-/.7., A.D. 194..,
WItREAS, the Board of evidence on his behalf if he so and that the last publication of said notice
Commissioners Commissione of Weld (0 Recording of the location desires.Said hearing shall be de
County may regulate said instal- an dd type of lines. Installed or novo and the burden of proof was in the issue of said newspaper dated
latlon and construction to ensure constructed. Shall rest upon the Weld County
that said lines do not obstruct or Engineer. A.D. 19
hinder the usual travel on such (g) Shutoff of lines and the b In witness whereof I have hereunto set
road rights-of-way. removal of all combustible (b) The Board of County Com-
materials from the rights-of-way missioners shall approve said my hand this :" -. day of .dire
' NOW, THEREFORE, BE IT when requested by Weld County, permit if the applicant proves to
ORDAINED by the Board of Colorado, because of necessary said Board that he or she shall A.D. 19
County Commissionersof Weld highway construction and/or Provide the requested informs-'
County, Colorado: maintenance operations. Lion to the.Weld County Engineer
and provide the bond and
ARTICLE t (h) Removal'or relocation of insurance referred to above.
lines installed or constructed on
GENERAL PROVISIONS Weld County road rights-of-way (5) Weld County may, at its Publisher-
at ,the permittee's expense option, hire inspectors on major
Section 1 • Purpose and because of changes made to projects to Inspect the work done
Intent said roadways or their appurten- Pursuant to the permit.Whenever
antee within the.rights-of-way. such an inspector is hired, the
(1)•
To insure that the installs- Permittee shall pay the direct Subscribed and sworn to before me, a
tion and construction of lines of 0) Notification to the Weld expense of such inspection. Notary Public in and for the plunty of
telegraph, telephone, electric County Engineering Department
light wire or power, 'gas, or of the desire or need to close Section III • Enforcement We d, State of Colorado this .. . . day of
pipel rm d
ines along, across, upon, rights-of-way-.during installation Provisions o
and under any Weld County road and construction.
rights-of-way do not obstruct or (1) The Weld County Engineer
hinder the usual travel upon such (I)-Provision of all necessary shall have the right to order the
rights-of-way. signs and barricades in accord- Permittee to stop workany time ante with the Manual on Uniform said Engineer believes that a g �� �
,der[i, a� s4r ti
(2) To insure that said installa- Traffic Control Devices and Its violation of his permit has
tion and construction is done In a latest Colorado Supplement in occurred or if there is a danger Notary Public.
manner which provides for the order to warn oncoming motorist to the public safety if the work
safety of the traveling public of'any installation and construe- continues, if the Engineer orders
upon said rights-of-way and in a tion work or closure. the Permittee to stop work the
manner which prevents damage Permittee may submit a written
to said rights-of-way. (k) Maintenance of traffic upon appeal within ten (10) days after My commission expires.
rights-of-way during Installation receiving the Engineers order to s.'un t s(+,-+O< June 14, :9-27
(3) To enable the Weld County and construction, the Board of County Commis-
Engineering- Department to be aioners of Weld County, Colo- .. I''`. ' -' - Avenue
apprised of the location of said (I) Prohibition of Cleated or redo, for a hearing to-consider
lines along, across upon and track equipment working upon whether the order to stop work 'ii°"u�'n= CO 80534
under said rights-of-was and he asphalt surfaces was In'error""emY'hether-the
provide for the markup of the emendssneuid.be allowed to
same.
continue with said work
Return of all
portions of rJypghhl�rowa disturbed days
• SetPion f Authority original Coe. Within
gthan NapnN 6fheBa after
County Commissioners shall set
This ordinance is adopted (n) Removal of all materials a date, for a hearing. At the
rouant k1 Section 38.5-101, used in the installation and hearing, the Permittee may be
Rg, construction at the end of•each present and testify and present
work day. evidence on his behalf if he so
Section.IN? Definitions desires.Said hearing shall be de
(o) prohibition of the cutting of novo and the burden of proof
(t) "Centimeter": Any party asphalt surfaces. shall rest upon the Weld County
pe orming-the installation and ' Engineer.
construction for a Permittee who p) Means to facilitate future line
obtains a Permit pursuant to this location when nonferrous lines (b) The Board of County Com-
Ordinance.APermittee may be a are installed in any rights-of-way. rnissloners shall reverse the
Contractor under this definition. - order to stop work If the
(q) Placement of gravel au!. Permittee proves that'said order
(2) "Liner': Lines of tele- faces where any damage has was in error and was unneces-
graph, telephone, electric light, occurred to the rights-of-way sary or if the Permittee agrees
wire or power or pipelines surface from equipment, trench- with said Board to remedy the
ing, or storage of material. defects or problems which
and/or op nilttrator .": line owner s be (r)prohibition of the installation prompted the stop work order.
installed and constructed upon - of plastic line under pavement . .(c) If the Board of County
any Weld,County road right-of- without encasement. Commissioners decides to up-
way and who has obtained a ' hold the Engineers order to stop
Permit pursuant to this Ordin- (s)-Encasement of lines from work the period:.under which
ante. - , toe of slope to toe of slope under -said work was permitted shall be
all paved roads, intersections, deemed to be revoked. Upon
Section IV • Applicability and approaches if said lines are revocation, the acquisition of a
over two inches (2") in diameter new permit and payment of all
(1)'These'regulations apply to or are more than 100 P.S.I. fees required therein shall be
permits to install and construct pressure. necessary in order for work upon
lines of tipegraph, telephone, the project to continue.
electric light,wire or power, gas, (t) Positioning of manholes and
or pipelines along, across, upon, other points of access to under- (2) The Board of County Corn-
and under any Weld County road ground lines within rights-of-way. missioners may revoke arty per-
rights-of-Was'.. (u)Damage and replacement of mit issued pursuant to this
dinage facilities or siphons. Ordinance at any time should theRelationshipra
Section V - Relationship to Permittee and/or Contractor fall
Other-Regulations (v) Prohibition of the Installs- to comply with any of the
Lion of meters, launchers, re- requirements of the permit. Upon
(1)Nothing in these regulations ceivers, and/or valve stations revocation, the acquisition of a
shall be construed as exempting within the rights-of-way. new permit and payment of all
an anolicant'.for a permit from fees required therein shall be
any Wther requirements of this necessary in order for work upon
jurisdiction or other State or (w) Requirement of thrust the project to continue.
Federal laws. blocks on all vertical and hori-
zontal bends in water pipes. Section IV - Penalties
(2) To the extent that the (x) Removal. of any wet or
requirements of this Ordinance incompactible materials pro- (1) Criminal Penalty: •
differ from any other applicable duced from excavations from the
requirements, the more resinc- rights-of-way and the replace- at(a) Any person, firm,or corpor-
tive requirements shall apply, merit of the same with tomcat-- g this Ordinance
tibia materiels shall be punished by a fine of not
• ASTICLU .2 woo)
than three hundred dollars
Permits, Administration, and IY) Complete road restoration, Wed01Count imprisonmentr more
Enforcement (z) Prohibition of the cutting or than ninety (90) days,or by both
damaging of culverts,drain lines, such fine or imprisonment. Each
Section I - Delegation of utility Imes, or any other Inatalla- day during wLwh such illegal
Authority tions within the rights-of-way. activity continues shall be
deemed a separate offense.
The Board of County Commis-, (aa) Prohibition of line installs-
sioners of Weld County, Colo- tion or construction when the (2) Civil remedies:
redo,- hereby delegates its ground is frozen. •authority,pursuant to Section 38- (a) In the case of any violation
5-101, CRS, to regulate the (bb)' Spreading of gravel over of any provision of this ordin-
installation and construction of the road surfaces upon comple- ance, the Weld County Attorney,
lines of telegraph, telephone, or where the Board of County
tion of the line installation or
electric light, wire or power orcommissioners deems it Wand>
pipelines along,across,.upon and construction. priate, the District Attorney, in
under any Weld County roa
rights-of-way to the Weld y r ty (cc) The understanding that all addition to any other remedies
line installation and construction provided by law, Ordinance, or
Engineer and his employees. is to be performed at no expense Resolution, may institute an m•
Section 11,•_Permlt,Regufred whatsoever to Weld County, .or other appropriate action otr
Colorado proceeding to prevent, enjoin,
(1) No person shall install or fib-,(dd).The understanding that th} andtcr abate the.ectivlryry which it
construct lines of telegraph, to violation. of thisprdinaasie. a'
telephone, electric light, wire or.. Permittee shall own, maimalrtr•
power or pipeline along,any' and operate any line installed or (3)- In, the event .any Weld ''
upon, and under any way; constructed. - County road.:.-right-of-way is
County ga -waywm (eel Agreement for lnoemnl-' damaged. by-the installation and
first obtaining a permit from -construction permitted'and said '
ficetlon I damage is not repaired by the
Breeze, April 24 1986 — 13
otices
Permlttee, the Permittee Shall cause of action against the
forfeit its surety bond in order to Board of County Commissioners Gordon E. Lacy. Pro-fern
pay for the repair of said Of Weld County, Colorado, the
damages. Weld County shall Weld County Engineer, or any Gene R. Bremner
have the right to bill the Permit- other persons that may adminis-
tee for an additional twenty-five ter this Ordinance No.143 in any ----
Percent (25Tor of the remedial manner, C W Kirby
cost as an administrative fee for Frank Yamaguchi
effectuating such repair. ARTICLE 5 ATTEST:
ARTICLE 3 Effective Date Weld County Clerk
and and
Severability BE IT FURTHER ORDAINED by ClerkRto o theerBoard
(1) If any section,subsection, the Board of County Commis-
(1)It section, ubsect or sinners of Weld County, Colo- By.
phrase of this Ordinance is,for rado,that this Ordinance No.143 Deputy County Clerk
any reason,held or decided to be shall aeecoiee effective live (e,
'valid or unconstitutional,such days oar ns final public notice, APPROVED AS TO FORM:
In c 1 accordance with Section 3-
decisionli shall not affect the 14(2)of the Weld County Home validity lay of the remaining - -----
portions. pule Charter. County Attorney
'2)The Board of County Com- The above and foregoing First Reading. March 31, 1986
sorados f Weld County, Ordinance No. 143 Published:April 3. 1986, in the
Colorado,hereby declares that it motion duly made andseconded, Johnstown Breeze
would have passed this Ordin- adopted by the following vote on
ante and each and every section, the day of q,D Second Reading: A1,iii 14,1986
subsection,paragraph,senten ..ce, 1986- Published:April 11f,n 986,in the
clause d phrase thereof Irre- Johnstown Breeze
spective of the fact that any one BOARD OF COUNTY
or more sections, sues, clauses, COMMISSIONERS Final Reading:April 28, 1986
paragraphs,sentences, clauses, WELD COUNTY Published: May PI',.386, in or phrases might be declared to Johnstown Breeze the
be unconstitutional or invalid. COLORADO
ARTICLE 4 F.ffe:11L: May 7, 1886
Liability Jacqueline Johnson,
Chairman
This Ordinance No. 143 shall
not be intended to create a civil
dee
permit Dane tssued
C,tOtte
CoStart
t-i
WELD COUNTY,COLORADO
PERMIT FOR INSTALLATION AND CONSTRUCTION OF LLNES OF TEITCRAPII,
TELEPHONE,ELECTRIC LICIR,MARE OR POWER OR PIPELINES
ALONG,ACROSS,UPON,AND MINDER WELD COUNTY ROAD RIGHTS-GE-WA)'
DEFINITIONS:
1. "conrrac Any party cement lug the testallartOn and c coon for a Pemtcte¢who c a Permt
IvevuanttIo ttifs Ordinance. A Pemlctee may be a Cearcacen,'rae'n this deft,Cairn "„,ns 2. "Lin_: Lines of telegraph,telephone,electric light,wire or power o:pipel.r¢s."Permit.,: Elie owner dtd/or e mle.operator-tae en any lines[o b¢Installed anu cops:noted upon r weld Coun
ty
Tgl ¢y under tai..•t "Weld Conn+": All inspectors agents,and employees of Weld County,Colorado, for the purposes of this
Permit. A� 1nuir Era¢ gem County should be directed [ e Office of t Ueld County
vley,gsr c
Endl near,P.O.Sax 758,L:eel ey,Colorado 90632,(303)]56-4000,extension 4t50 11e
NAMED PARTIES:
1- Pemittee's Na
Address: -"
(a) Name of Pemletee's authorized agent:
Phone: _ A tirade:
2- Contractor's Name:
Address: " Phone:
(a) Name of Contractor's authorized agent:
Phone. Address:
PERMIT:
Pemfcree is herena"emic!cd a f::s tail-
"Tie,along use a s-Weld County Road 'na ccnscrua.a at the following locations:
according to the following requirements,
PERNiT REQUIREMENTS:
1. The installation and construction of the lines upon the Weld County right:,-of-way permitted herein shall be
oreea Weld
within a days of the dace of issuance of this Permit. Permuted e
inform Weld County of the star[date of all installation a d e and/or dd/or Contractor moor
intend to perform a work on said lines o any Saturday or Sunday,Permlttee land/o tContractorand/or
rmContractor
st in[na
Weld County f such any
in writing.a
2. Permittee and/or Contractor must submit plan drawings which must the positioning of the lines to be
all installed or constructed on the rights-of-way. Permittee and/or Contractor shall aseertain the location of-way. All culverts`existing
ditches,utility
and lchsCruct fo s the
af along tthe frights-el-wayr inin drawings
n also
the show
ltnes existing utility
stalled lines,
and
construced. If St become necessary to change the location of the proposed lines,a e plan be e drawing must
be submitted end approved before sthe installation and construction So may continue.
nt
3. Permittee and/or Contractor shall provide a surety bond for the total amount required t the
County rc prices f '1 ] lines ierformance f re cv be installed or b p current Weld
e gC '181° after installation work. Said band shall 1 t -f for heCamo off
of he bone sh.:t Le¢table-`:ed by the Weld a Counts sEngineer of said lines hae� n completed. The amount
4. Permittee of/or Contractor shall s and maintain Snsuraner policies that will protect himself,his
subcontractor.. d Weld C :t secure
for bodily
from the Ins'. 1 d talus contemplated herein. 1 ury CColorado,
P 1 c/ Board fme.,ohieh yC urise
ounty
t f c y f We Cd, 915 h Street,C nsurr.e A,a 1dinsurance p fir! . The following cis tl Colorado
its a 631,: c armed as an
(1) Statutory workman's compensation. - re
e, lnjn,
. . ' - '- ' '' - S15o,000.00
v r.,I•e.cy,,I $L00,o00.00 aegjeart
Agg-erate s1oD 000 00
(3) Automobile o blic liability and pro c�00,0oo.00
Page 1 of 3 Pages EXHIBIT "A"
Bodily In Jury:
E p
E„l,,, :¢,:one Sloo,doo.oD
5300,000.00
Property Damage:
$300,000,00
Certificate,of Insurance nd copies of Insurance policies snail be supplied: application for a Permit,
or vale aid traumata polities shall be o with the Weld C my Engineering Department.
SaidCertificates of Insurance shall contain a thirty-day file
.:oeice of cancellation in favor of Weld
County,Colorado- O11
5. Permittee and/or Contractor shall mark all lines installed n,coh•Lrucrad herein with markers acceptable to Weld County,Colorado. Permittee and/or Contractor shall pia:te aminimum of two arkers per mile along
said linestwoseekers at each end of any bridge or ditch crossing which the lines are installed o
constructedupon,and two markers at r..ch side of any road which is crossed by said linen. `
6. The location and type of any line Installed or Iona true ted herein shall be recorded in accordance with
Section 9-1.5-103(11,CRS,
7, Pemlatee and/or Contractor shall be required to shut off lines and r all combustible materials from
{ then veld Countary ygriglts-of-ray contemplated herein wn requested to do so by Weld County,Colorado,because
highway construction and/or aintenanceeoperations.
-8. In the evens any changes are made in the future Co the roadway or its appurtenances within the
rights-of-way contemplated herein that would necessitate removal or relocation of the lines installed or
constructedrm y at their own
,expense
herein,Pelttee shell do to promptly expense upon the written request foes Weld
County,Colorado.
14 — Breeze, April 24, 1986
Public
9. Traffic shall be maintained n all rights-of-way. Flagmen shall be provided at any locations where tl
orderly flow of traffic is interrupted.
10. The Permfttee and/or Contractor shall provide ell necessary signs end barricades Ln accordance with tt
Manual on Uniform Traffic Control Devices end Its latest Colorado Supplement in order to warn oncomir
motorists of any lna tallatton or construction work.
11. If a Permfttee and/or Contractor must close a right-of-way during installation and construction,permissia
shell be obtained from the Weld County Engineering Department at least 24 hours in advance so th
appropriate actions may be taken to effect such closure.
12. No cleated or track equipment may work on or move over asphalt surfaces without macs.
13. All disturbed portions of rights-of-way are to be returned to their original condition at a time designate[
by Weld County. If not, Weld County will perform or contract such remedial work and Permfttee shall
forfeit its surety bond in order to pay for all work done. The Permfttee shall be billed by Weld Count]
for an additional twenty-five percent(25s)of the remedial cost as an administrative fee in effectue[lnl
such remedial work.we
14. All materials used in the line installation and construction will be removed from the rights-of-es,
surfaces at the end of each day during the installation and construction period. All excavations wichi,
the rights-of-Way will be backfllled each night.
15. Under no condition are asphalt surfaces to be cut unless otherwise specified/n the"Special Conditions'
section of this Permit.
16. The installation of non-ferrous lines in any right-of-way shall require a suitable means to foe ll list.
future line location.
17. Permfttee and/or Contractor shall place gravel on all surfaces where any damage has occurred to the road
surface from equipment,trenching,or storage of material. Weld County shell determine the damaged areas
depth of new gravel,and timing for the placement of said gravel. ,
18. On gravel roads where excavation is done in the road surfaces or ercavation materials are stacked Cuthe
r cad surfaces,road base of 300 tons of 3/4 Inch crushed gravel meeting the Colorado Highway Departmentw ¢specifications for Class 6 gravel per mile shell be spread over
the road surfaces upon completion of the
work. Shoulders on paved roads where excavation is done shall require 100 cons per mile upon completion.
These amounts are to coat the road surfaces.and do not supersede any requirements within the permit.
19. Encasement of line may be required from toe of slope to toe of slope under all paved County roads,
intersections, and approaches if lines are over two inches in diameter or more than 100 psi pressure.
20. Manholes and other points of access to underground lines are to be permitted within the rights-of-way only
when such manholes or other points of access are located beyond the shoulder of the through traffic
roadways and do not obstruct maintenance operations within the rights-of-way.
21. No above gCOond .ppurtenanres, Including, but n netted to meters'
launchers, °ttIvet°' t valet s[a[lone shall be allowed el hhte[he right¢-et-way o[
•
22. Thrust blacks shell be required on all vertical and horizontal bends in water pipes.
23. If any wet or incompactlble materials are produced from excavations,they shell be completely removed trot
the rights-of-way and replaced with compactible materials. The right-of-way shell then be returned to the
original grades end cross sections. Weld County will have the authority to determine what materials shall
be discarded and whet materials shall be acceptable as replacement.
24. Complete road restoration including, but not limited to clean-up, repair of damaged facilities, trend
ompaction,and replacement of gravel shall be kept within one (I)mile of n excavation. Backfflllnl
lifts greater than eight(8) inches,but not exceeding eighteen(18)inches,shall be permitted,provldlni
that the Permfttee and/or Contractor has suitable equipment to properly compact the depth of lift placed.
Weld County shall determine if the Permittee and/or Contractor's equipment and the depth of backfltl lift
is appropriate. Ninety-five percent(95%)of a standard proctor shall be required at any trench de h o 1n replacement of any materials. Yt :
25. No culverts, irrigation structures, drain lines, utility lines, or any other facilities within th,
rights-of-way are to be cut or damaged. In the any facility within a right-of-way Is inadvertent,'
damaged,It shall be immediately repaired or replaced. All damaged facilities are to be inspected by Weli
County before being concealed in any manner. Drainage and borrow ditches are to be restored to original condition f medla[ely after backfllling Is completed. It is the duty of the Permit,.and/or Contractor t.anticipate all underground obstructions such as culverts, irrigation structures,drain lines,or u[lllt.
Pate 2 of J Paces
lines. The Permfttee and/or Contractor is responsible for notifying,requesting location verification,and
ccordlna[tcg the installation and construction activity permitted herein glob[he respective o her culverts, irrigation structu ,,[drain lines,or u ility lines found vithln th rights-of•way. Ths of e
Ferman¢¢and/or Contractor agrees to a and hold harmless Weld County from any claim,a directly n
indirectly,for any damages to any to
call culverts,irrigation structures,ou rain lines,utility lines,o
any other facilities within the ights-of-way which are rut or dam . r
26. No installation or nnstructiOn is to be performed when the ground is frozen.
2T. Special Conditions:
COST TO WELD COUNTY:
Permfttee and/or Contractor fully an understand that all line installation and construction w111 be performed a
expense whatsoever to Weld County. t no
OWNERSHIP AND MAINTENANCE:
Permfttee shall own maintain^o[eerIgts o anry repair any line installed o d herein In a with
he regula[on,contlftfons,a d f t le Permit, r cons[rur[" ccordance
INDEMNIFICATION:
Pnmalttee and/or Contractor shall agree co bold Weld County,Colorado,the agencies thereof,and their officers
and
the employees
et harmless
any installation, maintenance,l all
loss and
dl alteration,or
anrey claims which may arise out or be connected with
[td herein referred [ or presence f the lines installed and
Permits ° ar any work or facility Connected [herewith within the area covered by [his
STOP WORK:
Feld County shall have the right to order the Permfttee and/or Contractor to stop work anytime Weld County
,¢Bates that a violation of this Permit has or occurredif there is a danger t e public safety if the rook
.minute. eo th
ENOCABILITY:
'sod County reserves the r right co revoke this Permit at any time,should the Permfttee and/or Contractor fall t
oo ply with any c f the requirements of this Permit. Should this Permit be revoked,Permfttee and/or Contractor
mst obtain a new Permit and pay all required fees therein in o continue with the project contemplated
,train. rder to
TIED
enue shall be I°Weld Ce,.nty,Colorado,In any civil court action brought pursuant to this Permit.
EES:
eld County reserve the right to sparse reasonable fees in order to defray the cost of inspection and and
11 administrative a expenses associated with the installation and construction of lines contemplated by ythis
rmit,according to a schedule of fees established by separate ordinance.
WELD COUNTY,COLORADO:
By:
Title:
sls ecmpettg this Permit,the undersigned verifies that they have read end understand all of the provisions of
PERN1TTE2:
By:
SUBSCRIBED AND SWORN to before me this day of ,19
WITNESS ay hand and official seal.
Notary Public
My commission expires:
CONTRACTOR:
By:
SUBSCRIBED AND SWORN t0 before me this day of ,19
•
WITNESS my hand and official seal.
Notary Public
My eamemenice expires:
Page 1 of]Pages
AFFIDAVITOF PUBLICATION
`1' r- .-zeA•sil.+3r:'1.900- - - •-. - , .. . - ' - •- THE JOHNSTOWN BREEZE
P A v a',`, STATE OF COLORADO 1 ys
COUNTY OF WELD i
Weld County-Engineer for such f The right of Weld County to I, Clyde Briggs, do solemnly swear that I
ORDINANCE-NO. 143 use. ty gg
• s: order the Permittee to stop work. am publisher of The Johnstown Breeze;
IN THE MATTER OF REGU- (2) Any domestic or foreign (gg) The right, to revoke by that the same is a weekly newspaper
LATING THE INSTALLATION telegraph, telephone, electric Weld County.
AND CONSTRUCTION OF LINES light power, gas or pipeline printed, in whole or in part, and published
OF TELEGRAPH, TELEPHONE, company authorized to do
(hh) brought
in any civil court in the County of Weld, State of Colorado,
ELECTRIC LIGHT, WIRE OR business under the laws of the
POWER OR PIPELINES ALONG, State of Colorado or any city or action brougg ht pursuant to the
ACROSS, -UPON, AND UNDER town owning electric power pro- in Weldor
this Ordinance shall be and has a general circulation therein; that
WELD COUNTY ROAD RIGHTS- ducing or distribution facilities said newspaper has been published
OF-WAY may obtain a permit, pursuant to (H) Setting of fees. continuously and uninterruptedly in said
this Ordinance, to install and
BE IT ORDAINED BY THE
BOARD OF COUNTY COMMIS- construct lines of telegraph, (4)Grounds for denial of permit County of Weld for a period of more than
telephone, electric light, wire or
SIONERS OF WELD COUNTY, power or pipeline along, across, Any application for permit fifty-two consecutive weeks prior to the
COLORADO: ' upon, and under any Weld pursuant to this Ordinance shall first publication of the annexed legal notice
County road rights-of-way. be denied if,in the opinion of the
WHEREAS, the Board of or advertisement; that said newspaper has
County Commissioners of the (3) Said permit shall address Weld County Engineer, the appli-
County of Weld,Colorado, pursu- the following, and shall be cant.has failed to cooperate in been admitted to the United States mails as
ant to Colorado Statute and the provding any information re-
substantially in the form of the uested by said Engineer or in second-class matter under the provisions of
Weld County Home Rule Charter, permit which is attached hereto providingp the surety bond and
is vested with the authority of and which is referred to herein as the Act of March 3, 11179, or ally
administering the affairs of Weld Exhibit "A": insurance referred to above. If
County, Colorado, and the Weld County Engineer amendments thereof, and that said
denies the permit, the applicant
WHEREAS, pursuant to §38.5- (a) Completion date of all may submit a written appeal newspaper is a weekly newspaper duly
installation e and construction within ten (10) days after the
101,CRS,Weld County must per- work permitted- denial to te Board of County qualified for publishing legal notices and
mit any domestic or foreign • Commissioners of Weld County, advertisements within the meaning of the
telegraph, telephone, electric (b) Submittal of plan drawings Colorado, for a hearing to con- laws of the State of Colorado.
light power, gas, or pipeline showing the positions of lines to sider whether the Engineer was
company authorized to do be installed or constructed. in error in denying said permit That the annexed legal notice or advertise-
business under the laws of the and whether said permit should
State of Coloraoo or any city or amount Surety
required bond
o for
the
total
be approved. ment was published in the regular and
town owning electric power.pro- entire issue of every number of said weekly
ducing or distribution facilities rights-of-way. (a)Within twenty(20)days after
the right to construct lines of receiving a written_ appeal, the newspaper for the period of .1.. consecu-
telegraph, tele,hone. electric (di Insurance policies provided Board of County Commissioners
light, wire or power or pipeline by the permittee naming Weld shall set a date for hearing. At tive insertions; and that the first
along, across, upon, and under County as an "Insured." the hearing,the applicant may be publication of said notice was in the issue of
any County road right-of-way,and present and testify and present
lel Marking of lines. evidence on his behalf if he so said newspaper datred2' A.D. it'24,
WHEREAS, the Board of desires. Said hearing shall be de
County Commissioners of Weld (f) Recording of the location novo and the burden of proof and that the last publication of said notice
County may regulate said instal- and type of lines installed or shall rest upon the Weld County was in the issue of said newspaper dated
lation and construction to ensure constructed. Engineer. 9
that said lines do not obstruct or A.D. IJ
hinder the-usual travel on such (g) Shutoff of lines end the (b) The Board of County Corn- In witness whereof I have hereunto set
road rights-of-way. removal of all combustible missioners shall approve said
materials from the rights-of-way permit if the applicant proves to my hand his 7 d day of ..Ado
NOW, THEREFORE, BE IT when requested by Weld County, said Board that he or she shall
ORDAINED by the Board of.t Colorado, because of necessary provide the requested informs-' A.D. 19Q..
County Commissioners of Weld highway construction and/or tion to the Weld County Engineer
County, Colorado: maintenance operations, and provide the bond and
insurance referred to above.
ARTICLE 1 (h) Removal 'or relocation of
lines installed or constructed on (5) Weld County may, at its "' ' "" ""
GENERAL PROVISIONS Weld County road rights-of-way option, hire inspectors on major Publishers
at the permittee's expense projects to inspect the work done
Section 1 - Purpose ,and because of changes made to pursuant to the permit.Whenever
Intent said roadways or their appurten- such an inspector is hired, the
ances within the rights-of-way. Permittee shall pay the direct
(1) To insure that the installs- expense of such inspection. Subscribed and sworn to before me, a
tion and construction of lines of (i) Notification to' the Weld
telegraph, telephone, electric County Engineering Department Section 111 - Enforcement Notary Public in and for the County of
light, wire or power, gas, or of the desire or need to close provisions pipelines along, across, upon, rights-of-way during installation W d, State of Colorado this ../.Q... day of
and under any Weld County road and construction. (7 The Weld County Engineer .. ... A.D. 19,�Y
rights-of-way do not obstructor shall have the right to order the
hinder the usual travel upon such 111 Provision of all necessary Permittee to stop work any time -
rights-of-way. signs and barricades in.accord-m said Engineer believes that a .4i
Trite with the Manual on Uniform cre of his permit has ��j�
( insure that said In in a- Traflatest Control Colorado
Devices and its occurred or if fet is a danger
wrk
tion and construction is done a latest Colorado Supplement in to the public safety if the work Notary Public.
manner which provides for the order to warn oncoming motorist. continues. If the Engineer orders
safety of the traveling public of any installation and construc- the Permittee to stop work, the
upon said rights-of-way and•in a Lion work or closure: Permittee may submit a written
manner which prevents damage appeal within ten (10) days after
to said rights-of-way. (k) Maintenance of traffic upon •receiving the Engineer's order to My commission expires
rights-of-way during installation the Board of County Commis- my l.Q'-'i a li-'q "4';19a�
— (3)To enable the Weld County and construction. sioners of Weld County, Colo- c ;a,
Engineering Department to be redo, for a hearing to consider 2 ou,. parse Avenue
apprised of the location of said (I) Prohibition of chafed or whether the order to stop work
lines along, across, upon and track equipment weighing upon vne in error and whether the }oy,n,',:.•vn qnq:d
under said rights-of-way and to asphalt surfaces Permittee should be allowed to
provide for the marking of the continue with said work.
same. -
(m) Return of all disturbed
portions of rights-of-way to their (a) Within ten (10) days after
Semen II • Authority original condition, receiving an appeal,the Board of
• County Commissioners shall set .
This Ordinance is adopted (n) Removal of all materials a date for a hearing. At the
pursuant to Section 38-5-101, used in' the installation and hearing, the Permittee may be
CRS. construction at the end of each present and testify and present
work day. evidence on his behalf if he so
Section III - Definitions desires. Said hearing shall be de
(o) prohibition of the cutting of novo and the burden of proof
(1) "Contractor": Any party asphalt surfaces. shall rest upon the Weld County
. performing construction for a Perm
ittee Engineer.
m ttee who (P) Means to facilitate future line
obtains a Permit pursuant to this location when nonferrous lines (b) The Board of County Com-
Ordinance.A Permittee may be a are installed in any rights-of-way. missioners shall reverse the
Contractor under this definition. order to stop work if the
(q) Placement of gravel •sur- Permittee proves that said order
(2) "Lines": Lines of tele- faces,where any damage has was in error and was unneces-
graph, telephone, electric light, occurred to the rights-of-way sary or if the Permittee.agrees
wire or power or pipelines. surface from equipment„trench- with said Board to remedy the
ing, or storage of material. defects or problems which
(3) "Permittee": The owner prompted the stop work order.
and/or operator of any lines to be (r) prohibition of the installation
instated and constructed upon of plastic line under pavement (c) If the Board of County
any Weld County road right-of- without encasement. Commissioners decides to up-
way and who has obtained a hold the Engineers order to stop
Permit pursuant to this Ordin- (s) Encasement of lines from work, the permit under which
ance. toe of slope to toe of slope under said work was permitted shall be
all paved roads, intersections, deemed to be revoked. Upon
Section IV - Applicability and approaches if said lines arerevocation, the acquisition of a
over two inches (2") in diameter new permit and payment of all
(1) These regulations apply to or are more than 100. P.S.I. fees required therein shall be
permits to install and construct Pressure. necessary in order for work upon
lines of telegraph, telephone, the project to continue.
electric light, wire or power, gas, /t) Positioning of manholes and
or pipelines along, across, upon, other points of access to under- (2) The Board of County Com-
and under any Weld County road ground lines within rights-of-way, missioners may revoke any per-
' rights-of-way. mit issued pursuant to this
(u)Damage and replacement of Ordinance at any time should the
Section V - Relationship to drainage facilities or siphons: ' Permittee and/or Contractor fail
. Other Regulations - to comply with any of the
(v) Prohibition of the inatalla- requirements of the permit.Upon
(1)Nothing in these regulations tion of meters, launchers,' re- revocation, the acquisition of a
shall be construed as exempting ceivers, and/or valve stations new permit and payment of all
an applicant. for a permit from within the rights-of-way. fees required therein shall be
any other requirements of this necessary in order for work upon
jurisdiction or other State or 1w) Requirement of thrust the project to continue.
Federal laws. • blocks on all vertical and.hori-
zontal bends in water pipes. Swollen IV - Penalties
(2)' To the extent that the _. •
r auhenents of this Ordinance Removal
of s wet or (1) Criminal Penalty:
differ from any other applicable In m Pmaterials Pro-
requirements, the more rest* duced from excavations from the (a) Any person,firm, or corpor-
fiveitments shall apply. rights-of-way and the r�eepp4taacce- aton violating this Ordinance
ment of the same with romped- shall be punished by a fine of not
ARTICLE S table materials. more than three hundred dollars
($300)or by imprisonment In the
Permits, Administration, and (y) Complete road restoration. Weld County Jail for not more
Enforcement - than ninety(90) days,or by both
damaging(a) Phibliion of the
ts, culliraM ng
or such fine or imprisonment.NEsapceh
restion yl Delystlon of utility lins,or any otherihetalla-. actives ring which such
sushall be
dons within the rights-of-Maw deemed a separate offense.
The Board of County Commis-
sloth* of Weld County, Colo (as) Prohibition of line Installs' (2) Civil remedies:.
redo, hereby delegates its tion: or construction when the
authority pursuant to Section 38 Wound is frozen. ' (a) in the tees of'any violation
-. 5.1O1, CRS, to regulate the of any provision of this ordin-
installation and construction of (bb) Spreading of gravel,over ance, the Weld County Attorney,
lines of telegraph, telephone, the road surfaces upon corhpltr or where the Board of County
electric light wire or'power or son of the line installation or Commissioners deems it eppro-
pipegrbs long,across,upon and construction. . priate, the District Attorney, in
under arty WSW County road addition to any other remedies
rights-of-way to the Weld County (Col The understanding that all provided by law, Ordinance, or
Engineer and his employees lineinstallation and construction Resolution, may institute an in-
Is to be performed at no expense junction, mandamus, abatement,
section ii • Permit.Required whatsoever to Weld county, or other.appropriate action or
Colorado. - proceeding:'to prevent, enjoin,
color) No tact person
lines ot shall telegraph,
ll (rid)The understanding that the iand/orolation fhth s ordinance.
h is
, telephone, electric light, wire or"Permittee
E iittereteshlnll line installed maintain,
upon, and maunder an across,
constructed or (3) in the event any Weld
Y Couaty road right-of-way installation
is
Countybr obtaining
g rights-of-way permitfrom without the damaged by the i ted a and
first talnino a permit the (ee) Agreement for Indsmni- construction permitted and said
•
fication. damage is not repaired by.the
/yam. .as. _ , .t w e+a mir • ae• • • .
•
!semi tee, e- '• x -et.• action t" cane,
forfeit its surety bond in ord/r ko '=aid of County Con1ma ners the Gor don'E. Lac r Tam....
pay for, dos repair of said-of Weld County, Colorado the Gene R. Brantner
damage;, Weld County shall Weld County Engineer, of any
have the right to bill the Permit- other persons that may adminis-
•
tee for an additional twenty-five ter this Ordinance No..143 in any C. W. Kirby
percent (25%) of the remedial manner. —
cost as an administrative fee for . Frank Yamaguchi
effectuating such repair. , ARTICLE 5 .ATTEST:
ARTICLE 3 Effective Date Weld County Clerk
and Recorder and
Severability BE IT FURTHER ORDAINED by Clerk to the Board
the Board of County Commis-
(1) If any section, subsection, sinners of Weld County, Colo- By:
paragraph, sentence, clause or rade,that this Ordinance No.143- Deputy County Clerk
phrase of any this
held i Orr decided tdinance o for be shall become effective five (5) APPROVED AS TO FOR :
reason,
days after its final public notice,. M
invalid or unconstitutional, such in accordance with Section 3-
decision
of the shallaffect the 14(2) of the Weld County Home County Attorney
validityremaining pyyortions. Rule Charter.
mlaaioher 2) The Boaortl of
my County, Ordinance
The above and foregoing Published: Airst p:ri March 3, 1986, in the
Colorado, hereby declares that it mmotion duly No. 143 was, on Johnstown Breeze
would have e y made and seconded,te on
passed this Ordin- adopted by Ihe.following vote on
ance and each and r every, ece, the day of A D Second Reading: April tb, 1986
clausesubsection,n paragraph, sentence, 1986.
Published: April 17, 1986, in the
clause and phrase thereof irre-
spective of the fact that any one BOARD OF COUNTY
or more sections, subsections, COMMISSIONERS Final Reading: April 28, 1986
paragraphs, sentences, clauses, WELD COUNTY, Published: May 1,'1888; in the
or phrases might be declared to COLORADO Johnstown Breeze
be unconstitutional or invalid.
Effective: May 7, 1986
ARTICLE 4
Liability Jacqueline Johnson,
Chairman
This Ordinance No. 143 shall
not be intended to create a civil .
;as Permit No.
Receipt No.
Date issued
•
note Starr -
Est. Completion Late
WELD COUNTY, COLORADO
PERMIT FOR INSTALLATION AND CONSTRUCTION OF LINES OF TELEGRAPH,
TELEPHONE, ELECTRIC usurp HIRE OR POWER OR PIPELINES
ALONG, ACROSS, UPON, AND TINDER WELD COUNTY ROAD RIGHTS-OF-WAY
DEFINITIONS:
1. 'Contractor": Any party performing the lnktallation and construction for a Permittee who obtains a Permit
pursuant to this Ordinance. A Pe:mittes may be a Contractor under this definition.
2. "Li_es"": Lines of telegraph, telephone, electric light, wire or power or pipelines.
34 "Permittee": The owner and/or operator of any lines to be installed and constructed upon any Weld County
right-of-way under this Permit.
4. "Weld County": All inspectors, agents, and employees ofWeld County, Colorado; for the purposes of this
Permit. All inquiries or writings to Weld County should be directed to the Office of the Weld County
Engineer„P. 0. Box 758, Greeley, Colorado 80632, (303) 356-4000, extension 4750.
NAND PARTIES:
1. Permitcee's Name: - Phone:
Address:
(a) Name of Permittee's authorized agent:
Phone: Xrdiesai
2. Contractor's Name: Phone:
Address:
(a) Name of Contractor's authorized agent:
Phone: Address:
......_. ._ .....
line glees or .es...ld.Id'Cone'y Sea. . . at the relreelxrbieretgellat-._...
_
•
according to'the following requirements.
PEWIT fEQCIRRSM'St
1. The installation and construction of the lines upon the Weld County rights-of-way permitted herein shall be
completed within. days of the date of issuance of this Permit. Peraittes and/or Contractor suet
inform Weld County of the start date-of all Installation and construction. If Permittee and/or Contractor
intend to perform any work on said lines on any Saturday or,Spndal, Penittee and/or.Contractor must laden
Weld County of such intention in writing.
2. Penittee and/or Contractor must submit plan drawings which must show the positioning of the lines to Olt
**stalled or constructed on the rights-of-way. Permittee and/or Contractor shall astertaip tile location of
all existing utility. lines along the rights-of-way. All drawings must also show existing utility lime,
culverts, dachas, and obatnetiol along the rights-of-Way in relation to the linen to be installed mid
eematructed. If it become necessary to change the location of the proposed lines, a new plan drawing set
be submitted and approved before the installation and construction may,continua.
3. Permittee and/or Contractor shall provide a surety bond for the total amount required to restore t/:•
rights-of-way upon which the projected lines are to be installed or constructed, based upon cwrfent Wall
County contract prices for the performance of such work. Said bond shell remain in effect for a period sf
tighten (16) months after all installation and construction of said lines have been completed. The sement
of the bond shall be agtahllsted.h0'bNg}!Rld County Engineer.
4. Permittee and/or Contractor shall secure and maintain insurance policies:that will protect himself, Ids
mbeontractors, and.Weld County from-clalms'for bodily injury, death, or property denage, Mich may arise
free the installation and construction contemplated herein. Weld County,Colorado,c/o the Board of Carty
Caemissioners of the County of Weld, 915 Tenth Street, Greeley, Colnrado 80631, must be named as an
"insured" upon said insurance policies. The following insurance policies are required[
(1) Statutory workman's compensation.
(2) Contractor's public'liability and property damage in the following sumo
Bodily Injury.
Each person - $150,000.00
Each accident $400,900.00
Property Damage.
Each accident - 5100,000.00
Aggregate . $300,14000
(3) Automobile public liability and property damage:
Page 1 of 31 - EXHIBIT 'A"
Bodily Injury:
Each person. . . . . . . . . . . . . . . . .
5100M11.0*i
..5300,N0.00
acB asaldene. .
Property Dante:
Each accident - • Saw a et
Certificates of Insurance and copies of insurance policies,shall'be supplied on'appldastien for •Permit,;.
or the originals of said insurance policies shall be on file with the Weld County gngineerinit deportdent.
Said Certificates of Insurance shall contain a thirty-day written'notice of-cancellation 14 foer.ot Weld;'
Casty, Colorado..
5. Permittee end/or Contractor shall mark all lines instaised or constructed herein with markers acceptable to
Weld County, Colorado. Perm!ttee and/or Contractor shall place l-minimum of two-aarkerl Tget alga'along
said lines, two markers at each end of any bridge or ditch crossing which the lines are installed or
constructed upon, and two markers at each side of any road which is crossed by laid lines. ^
6. The location end type of any line installed or constructed herein shall be recorded in pccordsnce with
Section 9-1.5-103(1), CRS. -
1. Perm'tt nd/or Contractor shall'be'required to shut off hoes and remove all combnatible materiels from
the Weld County rights-of-way contemplated herein when requested to do so by Weld County, Colorado, because
of necessary highway construction and/or maintenance operations.
8. In the event any changes are made in the future to the roadway or Its appurtenances Within the
rights-of-way contemplated hereto that would necessitate removal or relocation of the lines- Instslled or
constructed herein, Permittee shall do so promptly at their expense upon the written request from Weld
County, Colorado.
•
Public
9. Traffic Obeli be metmtainad en-all .tights-of-way. flagmen shell be provided at.any locations where the
orderly flow of traffic is interrupted.
•
- 10. The Permittee and/or Contractor phall provide all peceasary signs and barricades in imngrviance with. the
Manual on Uniform Mafia Control Devices end ltd. bailee COletado Supplement in order-tit witn'oncoming
motorists of any instillation orconstruction uork.e
11. If a Permittee end/or Contractor must class a right-of-way during iaitatlatiahtsnd constructiOn, permission
shall be obtained frga;tiew Weld County Engineering Department at 10.01-'24 hours in advance so the
- appropriate scoops Marl* to effect such closure.. -
11. lo cleated or track eguipment may work on or move over asphalt surfaces without mats: •
13. All disturbed portions of rights-of-way are to be returned to their original condition at i ties designated
by Weld County. If not, Weld County will perform or contract such remedial work and Permittee shall
forfeit its surety bond in order to pay for all work done. The Permittee shall be billed by Weld County
for an additional twenty-five percent (25%) of•the"remedial cost a an administrative fee in effectuating
such remedial work.-
14. All materials used in the line installation and construction will be removed £rbm the rights-of-way
surfaces et the end of each day'during the installation and construction period. All excavations within
the rights-of-way will be backfilled each night.
15. Under no condition are asphalt surfaces to be tut unless otherwise specified in the "Special Condition"
section of this Permit.
-e. The installation of non-ferrous lines in any right-of-way shall require a suitable means to facilitate
future line location.
17. Permittee end/or Contractor shall place gfevel on all surfaces where any damage has occurred to the road
surface from equipment, trenching, or storage of materiel. Weld County shall determine the damaged area,
depth of new ,and timing for the placement of said gravel.
18. On gravel roads where excavation is done in the road surfaces or excavation materials are stacked on the
road surfaces, road base of 300 tons of 3/4 inch crushed gravel meeting the Colorado Highway Department
specifications for Class 6 gravel per mile shell be spread bver the road surfaces upon completion of the
work. Shoulders on paved roads where excavation is done shall require 100 tons per mile upon completion.
These amounts are to coat the road surfaces.and do not supersede any requirements within the permit.
19. Ent aseieent of line may be required from toe of slope to toe of slope under ell paved County roads,
intersections, end approathes if lines are over -two inches in diameter or morn than 100 psi pressure.
R
20. armholes and other points of access to underground lines are to be permitted within the rights-of-way only
when such manholes or other points of access are located beyond the shoulder of the through traffic
roadways and do not obstruct maintenance operations within the rights-of-way.
21. No aboge ground appurtenances, including, but not limited to meters, launchers, receivers, or valve
stations shall be allowed within the rights-of-way,
11. Thrust blocks shall be required on all vertical and_horisontsl bends in water pipes.
22. If any wet or incompatible materiels are produced from excavations, they shall be completely removed free
the rights-of-way and replaced with compactible materials. The right-of-way shell then be returned to the
original grades end cross sections. Weld County will have the authority to determine what materials shall
be discarded and whet materials shall be acceptable as replacement
.. Complete road restoration including, but not limited to, clean-up, repair of damaged facilities, trench
compaction, and replacement of gravel shall be kept within'one (1) mile of new excavation. Backfillinf
lifts greater than eight (a) inches, but not exceeding eighteen (18) inches shall be permitted, providini
that the Permlctee and/or Contractor has suitable equipment to properly caaapact the depth of lift placed.
Weld County shell determine if the Permittee and/or Contractor's equipment and the depth of backfill lift
is•appropriate. Ninety-five percent (95%) of a standard proctor shall be recilred at any trench depth of
in replacement of any materials,
25. No culverts, irrigation structures, drain lines, utility lines, or any other facilities within the
rights-of-way,arrco he cut or damaged. In the event any facility within a right-of-way is iadvertentl•
damaged, it shall be immediately repaired or replaced. All damaged facilities are to.be inspected by Welt
County before being concealed in any manner. Drainage and borrow ditches are to be restored to origins'.
condition Immediately after backfilling is completed. it is the duty of the Permittee and/or Contractor r,
anticipate all underground obstructions such as culverts, irrigation Structures, drain lines, car utillt•
Page 2 of-3 Pages
lines. The Permittee smdfor Contractor is responsible for notifying, requesting location verification, and
coordinating the installation and construction activity permitted herein with the respective owners of any'.
ether culverts, irrigation structures, drain lines, or utility lines found within the rights-of-way. The
Permittee.aid/or Contractor agrees to save and hold hornless Weld County from any claim, either directly or
indirectly, for any damages to any end all culverts, irrigation structures, drain lines, utility lines, or
any other facilities within the rights-of-way which are cut or damaged:
26. Ito installation or construction is to be performed when the ground is frozen.
2]. Special Coad/timar ,
COST TO WELD-COUNTY: _ ..
Permittee and/or.Contractor fully understand that all line installation end construction will be performed at no
_expense whatsoever to Weld County.
•
OWNERSHIP AND MAINTENANCE:
Permittee shall own, maintain, operate, and repair any line installed or constructed herein in accordance with
the regulations, conditions, and terms of this Permit.
INDEMNIFICATION:
Permitter and/or Contractor shall agree to hold Weld.County, Colorado, the agencies thereof, and their officers
and employees harmless from any and all less'and damage or any elaims which may arise out or be connected with
the construction, installation, maintenance, alteration, removal, or presence of the' lines installed and.
constructed herein referred to or-.any work or facility connected therewith within the area covered by this
Permit.
STOP WORE:
Weld County shall have the right to order the Permittee and/or Contractor to stop work anytime Weld County
believes that a violation of this Permit has occurred,or if there is a danger to the public safety if the work
continues.
REVOCABILITY: d.. - . (:,: snnory •.
Weld County reserves the right to revoke this Permit at any time;"sl.dtild tthe Permittee and/or Contractor fail to
comply with any of the requirements of this Permit. Should this Permit Oa revoked, Permittee and/or Contractor
suit obtain a new Permit and pay all required fees therein in order to continue with the project contemplated
herein. .
O tt
Venue shall be in.Weld County,Colorado, in any civil. court action brought pursuant to this Permit.
PEES:
Weld County reserves the right to charge reasonable fees in order to defray the cost of inspection and any and
all administrative expenses associated with the installation and construction,of lines contemplated by this
Permit, according to a schedule of fees established by separate ordinance.
WELD COUNTY, COLORADO:
By;
Title:
le accepting this Permit, the undersigned vdrlfiee that they have read and understand all of the provisions of
gigs Permit.
PERMIlTEE:
By:
SUBSCRIBED AND gWORN to before me this day of " , 19
WITNESS my hand.and official seal.
Notary Public
My commission expires:
CONTRACTOR: '
By:
SUBSCRIBED AND SWORN to before se this day of , 19
WITNESS my hand-asdAfficial.seal.
Notary Public.
My ceaataam expires
.y- Page I of S Pages
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