HomeMy WebLinkAboutRES.578.11-05-1990 � .
BILL N0. 90-258 RESOLUTION N0. ,��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH LEROY AND LOUISE
FOULK FOR AN UNDERGROUND SEWER LINE ON CITY ALLEY
RIGHT-OF-WAY AT 818 JEFFERSON STREET
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 enter into an
Agreement with Leroy and Louise Foulk for placement and
maintenance of an underground sewer line on City alley
right-of-way at 818 Jefferson Street . A copy of said Agreement is
attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �.,� DAY OF �pV�/yy� �, 19�_.
.
F ancis E. Rho es, ayor
ATTEST:
. �
J i A. Dale
D ty City Clerk
i! aM .
AGREEMENT
This Agreement , entered into by and between the City of Cape
Girardeau, Missouri , (City) and Leroy a.nd Louise Foulk , 818
Jefferson Street , Cape Girardeau, Missouri 63701 ( Foulk ) :
1 . The City hereby grants to Foulk the right and permission
to place and maintain an underground sewer line on portions of
City alley right-of-way . The location of the sewer line will be
generally on the right-of-way of the North-South alley between
Jefferson Street and Morgan Oak Street in the block bounded by
Ellis Street on the East and Pacific Street on the West . (West 45
feet of Lot 64 , Range "I " ) .
2 . It is agreed by and between the parties that the City
retains absolute priority for use of the right-of-way for alley,
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
Foulk may, at the option of the City, be required to relocate his
sewer line 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 sewer line, and any physical location markers
of said sewer line, are the responsibility of Foulk and the City
assumes no responsibility for maintenance or care of the sewer
line .
4 . Foulk agrees to employ a contractor qualified under the
City Ordinances for the installation and maintenance of such sewer
line and Foulk further agrees that he will comply with all the
City ' s requirements for such work . During the course of the
installation of the sewer line, and during the course of any
maintenance work done on the sewer line, Foulk shall be solely
responsible for locating and coordinating with other utilities and
facilities for maintenance of traffic, repair of the alley 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 ' s right-of-way is non-exclusive and
that the City may, at it ' s 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 sewer line to any other
party, and it is the sole responsibility of Foulk to provide such
notice for the protection if his sewer line . It is further agreed
by and between the parties that the City assumes absolutely no
responsibility for any damage done to the sewer line at any time
i
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or by any party, and that Foulk will install the sewer line at his
own risk and expense .
7 . At such time as a closer trunk or lateral sewer line
becomes available between this proposed discharge point and 818
Jefferson Street , Foulk agrees to shorten or abandon this sewer
line and connect to the new City sewer at such closer location in
order to minimize the use of City right-of-way for this sewer line .
This Agreement entered into this �;�V day of �p���'Y�,
1990 .
CITY OF CAPE GIRARDEAU, MISSOURI
f
i _�.�
t t '�� '�G�' ��_
. onald Fischer, City Manager
ATTEST:
Julie . Dale, Deputy City Clerk
Ler oulk
�C' " '- ���-t J�!'�'C��.
Louise Foulk
818 Jefferson Street
Cape Girardeau, MO 63701