HomeMy WebLinkAboutOrd.1575.08-22-1994BILL NO. 94®180 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO..
EXECUTE TWO AGREEMENTS WITH SOUTHEAST MISSOURI
STATE UNIVERSITY FOR PLACING UNDERGROUND
COMMUNICATIONS CABLE ON CITY S'T'REETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GI EAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Southeast Missouri State University for placing and
maintaining underground communications cable beneath the fifteen
(15) foot alley on the West side of Dempster Hall, located on
Pacif is Street. A copy of said Agreement is attached to this
Ordinance and made a part hereof.
ARTICLE 2. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Southeast Missouri State University for placing and
maintaining underground communications cable on right -of -way of the
900 Block of Pacific Street, West side. A copy of said Agreement
is attached to this Ordinance and made a part hereof.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THISJ� DAY OF 1)]JQ11j1 19�.
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AGREEMENT
This AGREEMENT, entered into by and between the City of Cape Girardeau, Missouri,
hereinafter known as CITY and SOUTHEAST MISSOURI STATE UNIVERSITY, an agency of the
State of Missouri, hereinafter known as UNIVERSITY:
1. The CITY hereby grants to the UNIVERSITY the right and permission to place and maintain
an underground communications cable on portions of city street right-of-way. The location of the
communications cable will be generally on the right-of-way of the 400 block of Pacific, west side,
and is more particularly described on the attached drawing and marked Exhibit "A": and made a
part hereof, by reference as though fully set out herein.
2. It is agreed by and between the parties that the CITY retains absolute priority for use of the
right-of-way for street, sanitary sewer, and storm sewer use and for such other uses as the CITY
may require. It is agreed by and between the parties that the UNIVERSITY may, at the option of
the CITY, be required to relocate its cable to accommodate such use by the CITY, as the CITY may
determine.
3. It is agreed by and between the parties that the maintenance of the cable, and any physical
location markers of said cable, are the responsibility of the UNIVERSITY and the CITY assumes no
responsibility for maintenance or care of the cable.
4. The UNIVERSITY agrees to employ a contractor bonded under the City Ordinances for the
installation and maintenance of such cable and the UNIVERSITY further agrees that it will comply
with all the City's requirements for such work. During the course of the installation of the cable,
the UNIVERSITY shall be solely responsible for locating and coordinating with other utilities and
facilities for maintenance of traffic, repair of the street and such other requirements as necessary to
maintain or return all existing facilities to the pre-existing condition. All work shall comply with the
codes and ordinances adopted by the City of Cape Girardeau.
5. It is understood by and between the parties that this grant of the use of the city right-of-
way is non-exclusive and that the CITY may, at its option, grant a similar right to other companies
or persons.
6. The CITY assumes no responsibility or obligation to provide notice of the location of this
cable to any other party, and it is the sole responsibility of the UNIVERSITY to provide such notice
for the protection of its cable. It is further agreed by and between the parties that the CITY
assumes absolutely no responsibility for any damage done to the cable at any time or by any party,
and that the UNIVERSITY will install the cable at its own risk and expense.
This AGREEMENT entered into this .4v?tic( day of / il4/ , 1994.
CITY OF CAPE GIRARDEAU, MISSOURI
ff-41)71Arle
ATTEST:
jt fQ 4(J
ayle / Conrad, Deputy City Clerk
SOUTHEAST MISSOURI STATE UNIVERSITY
by
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AGREEMENT
This AGREEMENT, entered into by and between the CITY OF CAPE
GIRARDEAU, MISSOURI, hereinafter known as CITY and SOUTHEAST
MISSOURI STATE UNIVERSITY, an agency of the State of Missouri,
hereinafter known as UNIVERSITY;
1. The CITY hereby grants to the UNIVERSITY the right and
permission to place and maintain an underground communications
cable on portions of City street right-of-way. The location of the
communications cable will be generally beneath the fifteen (15)
foot alley on the West side of Dempster Hall located on Pacific
Street, and is more particularly described on the attached drawing
and marked Exhibit "A" and made a part hereof, by reference as
though fully set out herein.
2. It is agreed by and between the parties that the CITY retains
absolute priority for use of the right-of-way for street, sanitary
sewer, and storm sewer use and for such other uses as the CITY may
require. It is agreed by and between the parties that the
UNIVERSITY may, at the option of the CITY, be required to relocate
its cable to accommodate such use by the CITY, as the CITY may
determine.
3 . It is agreed by and between the parties that the maintenance
of the cable, and any physical location markers of said cable, are
the responsibility of the UNIVERSITY and the CITY assumes no
responsibility for maintenance or care of the cable.
4. The UNIVERSITY agrees to employ a contractor bonded under the
City Ordinances for the installation and maintenance of such cable
and UNIVERSITY further agrees that it will comply with all the
City's requirements for such work. During the course of the
installation of the cable, UNIVERSITY shall be solely responsible
for locating and coordinating with other utilities and facilities
for maintenance of traffic, repair of the street and such other
requirements as necessary to maintain or return all existing
facilities to the pre-existing condition. All work shall comply
with the codes and ordinances adopted by the City of Cape
Girardeau.
5. It is understood by and between the parties that this grant of
the use of the City right-of-way is non-exclusive and that the CITY
may, at its option, grant a similar right to other companies or
persons.
6. CITY assumes no responsibility or obligation to provide notice
of the location of this cable to any other party, and it is the
sole responsibility of the UNIVERSITY to provide such notice for
the protection of its cable. It is further agreed by and between
the parties that the CITY assumes absolutely no responsibility for
any damage done to the cable at any time or by any party, and that
the UNIVERSITY will install the cable at its own risk and expense.
This AGREEMENT entered into this a73,0( day of (2IJ I
1994. OLL
CITY OF CAPE GIRARDEAU, MISSOURI
/0' i97
J/ •onald Fischer, City Manager
ATTEST:
Gayle . Conrad, Deputy City Clerk
SOUTHEAST MISSOURI STATE UNIVERSITY
By )41::,. 440
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