HomeMy WebLinkAboutRES.955.07-05-1994 I
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BILL NO. 94-172 RESOLUTION NO. -
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY WITH JAMES B. AND BALINDA M. GOGGIN
BE IT RESOLVED 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 An
Agreement for Water Service Outside the City of Cape Girardeau,
Missouri, with James B. and Balinda M. Goggin. A copy of said
Agreement is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS ,`��.Cl DAY OF � ,�` � , 19�.
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A. . S radling, II , Mayor
ATTEST:
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Gayle,"L. Conrad
Deputy City Clerk
AN AGREEMENT FOR WATER SERVICE OUTSIDE
T�� CITY OF CAPE GIRARDEAU, NIISSOURI
Comes now the City of Cape Girardeau, Missouri, hereinafter
referred to as "City" , acting by and through its City Manager, and
James B. and Balinda M. Goggin, Route 2, Box 552G, Cape Girardeau,
Missouri 63701, hereinafter referred to as "Customer" , and in
consideration of the promises and agreements made herein, the
parties hereto bind themselves as follows:
1. The City agrees to provide water service for Customer's
property located outside the City of Cape Girardeau, Missouri, and
to permit Customer to connect to the City's water system, all in
accordance with applicable City ordinances, rules and regulations
relating to the City's operation of the water supply system.
The property to be served pursuant to this Agreement is
on Cape Girardeau County Road 618, and is known as Wild Horse Creek
Ranch Subdivision.
2 . The Customer agrees to accept the services and to pay
such fees and charges as are set out in the City ordinances and
regulations and further, to comply with all the City's ordinances
and regulations relating to water service, including but not
limited to all applicable health, safety and building codes in
making or using its connection to the City's water system and to be
and remain subject to inspections by City officials for purposes of
ensuring compliance.
3 . The Customer agrees to execute a Petition for Annexation
pursuant to Section 71.012 of the Revised Statutes of the State of
Missouri, into the City of Cape Girardeau, Missouri, upon request
by the City for the subject property and the Customer agrees that
should the City institute or initiate an annexation proceeding
pursuant to Section 71. 015 of the Revised Statutes of the State of
Missouri, involving the subject property, that Customer will not
oppose the City in the proceeding.
4. The Customer agrees that this extension shall extend to
and across the entire frontage or other dimension of the tract to
be served and Customer agrees that this extension will be located
and constructed in accordance with the regulations, specifications,
plans and requirements as provided by the City of Cape Girardeau.
The Customer agrees to provide all necessary easements and such
other documents as to transfer ownership of this extension to the
City. The City shall thereafter operate and maintain this
extension.
5. The parties agree to share the cost of this extension and
pumping station construction. The City agrees to reimburse
Customer the difference in material cost between an eight (8) inch
PVC line and a six (6) inch PVC line. This difference in material
cost will be verified by the submittal of the invoice for actual
materials used in the construction of the eight (8) inch line and
a signed cost estimate by the same supplier for comparable
materials used for a six (6) inch line.
The City will purchase and install the pumping station
required for this project, but all of the pumping station costs
will be shared equally between City and Customer. The City shall
provide fire hydrants and valves and shall bear the cost of
materials for those items.
6. The City reserves the right to cancel and terminate this
Agreement and to disconnect the water service to Customer should
Customer violate any of the terms of this Agreement.
7 . This Agreement is binding upon the heirs, successors and
assigns of the parties hereto and the parties agree that this
Agreement may be recorded on the land records of the County wherein
the Customer's property is located to serve as notice to any future
buyers of the property.
This Agreement, made and entered into this day of
, 19
CITY OF CAPE GIRARDEAU, MISSOURI
J. Ronald Fischer, City Manager
ATTEST:
Gayle L. Conrad, Deputy City Clerk
CUSTOMER
James B. Goggin
Balinda M. Goggin
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STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of 19 , before me appeared
J. Ronald Fischer, to me personally known, who, being by me duly
sworn, did say that he is the City Manager of the City of Cape
Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed on behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 1996
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 19 , before me
personally appeared James B. and Balinda M. Goggin, to me known to
be the persons described in and who executed the foregoing
instrument, and acknowledged that they executed the same as their
free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal at my office in Cape Girardeau the day and year
first above written.
My Commission Expires:
[Typed Name of Notary Public]
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