HomeMy WebLinkAboutOrd.2192.07-07-1997BILL NO. 97-123
ORDINANCE NO. d)92
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A POLE LINE RELOCATION AGREEMENT WITH
UNION ELECTRIC COMPANY FOR THE WALKER BRANCH
PHASE III
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau,
Missouri, is hereby authorized to execute a Pole Line Relocation Agreement with Union
Electric Company for the Walker Branch Phase III. A copy of said Agreement is
attached to this Ordinance and made a part hereof.
ARTICLE 2. This ordinance shall be in full force and effect ten days after its
passage and approval.
PASSED AND APPROVED THIS-)--- - LL
A k DAY OF —4 t 19j.
Albert M. Spradling, 111, Mayor
ATTEST:
City of Cape Girardeau Project No. DACW43
U.E. Work Request No. 010944
Walker Creek Channel
Cape Girardeau County, Missouri
POLE LINE RELOCATION AGREEMENT
THIS AGREEMENT, entered into this day of , 19 , by and
between UNION ELECTRIC COMPANY, a corporation existing under the laws of the State of Missouri,
with its principal office at 1901 Chouteau Avenue, St. Louis, Missouri, hereinafter called "Company",
and the CITY OF CAPE GIRARDEAU, its successors or assigns, hereinafter called "City",
WITNESSETH THAT:
WHEREAS, City contemplates the construction, extension, and/or improvement of Walker Creek
Channel in Cape Girardeau County, Missouri; and
WHEREAS, in carrying out the construction, extension, and/or improvement of Walker Creek
Channel, City has requested Company to move some of Company's distribution facilities now located
on private property encumbered by easement rights granted to Company to private property owned by
the City; and
WHEREAS, Company is willing to accommodate to said request upon the condition that City
accepts the provisions hereinafter set out and evidences its said acceptance by the execution hereof
in duplicate by its agent duly authorized in accordance with RSMo. 1994 Section 432.070 and City
Ordinance No.
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as
follows:
1. Company will, as soon as practicable after receiving notice in writing from the City Engineer,
furnish all labor, material and supervision necessary, and will adjust poles and other facilities of the
Company as described in greater detail in Exhibit A attached hereto and made a part hereof, to provide
the necessary clearance for the construction, extension, and/or improvement of Walker Creek Channel
in Cape Girardeau County, Missouri.
2. Company shall also have the right (to the extent necessary to keep them clear of the poles,
wires and other facilities of the Company) to cut and trim, under the supervision of the City or its agent,
trees and shrubbery in areas shown on Exhibit A; said right to be a continuing right to cut from time
to time all such dead, weak, leaning, or dangerous trees tall enough to strike Company's wires in
falling. Company agrees to and will immediately remove from said area all such trees, shrubbery, limbs,
and other debris so cut.
3. Company represents that the detail plan and estimate of cost attached hereto as Exhibit B for
the required adjustment of those facilities as shown on Exhibit A has been prepared in accordance with
the provisions of Federal Aid Policy Guide, FAPG 23 CFR 645A, and any amendments thereto which
by reference are made a part of this agreement
performed in accordance with said guide.
Company also promises that the work will be
4. The total cost of the work is estimated to be Fifty -Six Thousand Three Hundred Seventy and
26/100 Dollars ($56,370.26). It is agreed that City's obligation toward the cost of work under this
contract shall be 100% of the estimated cost thereof. City agrees that upon completion of the work
provided for herein and upon receipt of Company's invoice, it will promptly reimburse Company for
100% of the above estimated cost of the work.
5. With respect to those facilities identified in Exhibit A, City agrees to compensate Company
for any future relocations or adjustments of such facilities (as they may then exist) made necessary by
future construction, extension and/or improvements of Walker Creek Channel as if such facilities were
located on private property.
6. If any substantial change is made in the original plan and extent of the work, Company agrees
that reimbursement therefore shall be limited to costs as provided in a supplemental agreement
approved by the City Engineer PRIOR to the performance of the work.
IN WITNESS WHEREOF, the parties hereto have executed three (3) copies of this contract on the
day and year first above written.
ATTEST:
tSecretary
ATTEST:
UNION ELECTRIC COMPANY
By:
Michael J Monta a, Vice President
CITY OF CAPE GIRARDEAU, MISSOURI
By:
Deputy City Clerk City Manager