REV09598 - Laserfiche WebLink

Home Browse Search

RESOLUTION NO. 7. SERIES OF 1997 A RESOLUTION AUTHORIZING A CERTAIN LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF A HAULAGE ROAD ACROSS CITY OWNED LAND. WHEREAS, Tezak Heavy Equipment Company, Inc., a Colorado corporation, ("T.H.E.") owns and controls a certain quarry and other mining land and operations in Frentont County. Colorado west of U.S. Highway 50 and north and northwest of Tunnel Drive near thy: Canon City Water Department's Water Treatment Plant; WHEREAS. T.H.E.'s mining operations generate a large volume of heavy truck traffic and are expected to generate even more truck traffic in the future; WHEREAS, traffic on Tunnel Drive that is generated from and with respect to such mining operations wears heavily on Tunnel Drive and, unless such traffic is rerouted, will cause the City's maintenance burdens with respect to Tunnel Drive to become and remain more significant and expensive than the City desires; WHEREAS, certain residents of the City who live south of Tunnel Drive are impacted b}• dust and noise associated with heavy truck traffic and other mining operations, w}iich impacts may be mitigated, but not eliminated, by rerouting most truck and other vehicular traffic associated with T.H.E.'s operations off of Tunnel Drive and onto a proposed, paved haulage road crossing vacant land owned by the City; WHEREAS, T.H.E. is willing to design, construct, maintain, repair and remove, if required by the Cit}', such haulage road pursuant to the terms and provisions of a License Agreement between it and the Cit}; and WHEREAS, the Council of Canon City has found and hereby determines that it will be in the best interests of the City and its citizens for such haulage road to be constructed, used and maintained for and in connection with T.H.E.'s mining operations according to the terms of a License Agreement. NOR' THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF CANON CITY as follows: 1. That a form of License Agreement between the City and T.H.E. was I~resented to Council at its regular meeting on February 3, 1997. 2. That the execution of such License Agreement, substantially as drafred, is appropriate and its execution is hereby authorized, subject to the provisions of paragraph 3 hereof 3. That the Mayor of the City of Canon City shall execute the License Agreement at such time as the Mayor and City Administrator, following consultation with the City Attorney, the