HomeMy WebLinkAboutRES.631.05-20-1991 � . �
BILL N0. 91-88 RESOLUTION N0. �(J3
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH ALAN W. AND MARY ANN
McSPADDEN FOR AN UNDERGROUND SEWER LINE ON
RAMPART STREET RIGHT-OF-WAY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
ARTICLE l . The City Manager , for and on behalf of the City of
Cape Girardeau, Missouri , is hereby authorized to enter into an
Agreement with Alan W. McSpadden and Mary Ann McSpadden, husband
and wife for placement and maintenance of an underground sewer
line on portions of Rampart Street right-of-way. A copy of said
Agreement is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS q�Q�((, DAY OF / i'C � 19 Q�
� ~
Francis E . Rhodes, Mayor
ATTEST :
.
Juli . Da e
Depu y City Clerk
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AGRE EME�lT
This Agreement , entered into by and between the City of Cape
Girardeau, Missouri , (City) and Alan W. McSpadden and Mary Ann
McSpadden, husband and wife, 1932 Rampart , Cape Girardeau,
Missouri 63701 (McSpaddens) :
l . The City here grants to A9cSpaddens the right and
permission to place and maintain an underground sewer line on
portions of City street right-of-way. The location of the sewer
line will be generally on the right-of-way of Rampart and will be
constructed in accordance with the "OFFER TO CONTRACT" which
constitutes the agreement between McSpaddens and their contractor
for the construction of this sewer and which is marke� Exhibit "A"
and attached hereto and made 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
McSpaddens may, at the option of the City, be required to relocate
their 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 McSpaddens and the
City assumes no responsibility for maintenance or care of the
sewer line .
4 . McSpaddens agree to employ a contractor qualified under
the City Ordinances for the installation and maintenance of such
sewer line and McSpaddens further agree 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, McSpaddens 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 ' 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 McSpaddens to provide
such notice for the protection if their 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 or by any party, and that McSpaddens will install the sewer
line at their own risk and expense.
7 . At such time as a closer trunk or lateral sewer line
becomes available between this proposed discharge point and
McSpaddens ' residence at 1932 Rampart , McSpaddens agree 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 � ? day of � ,
1988 .
CITY OF CAPE GIRARDEAU, MISSOURI
h
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. Ronald Fischer, City Manager
ATTEST:
,7u i A. Dale, Deputy City C er
i
�
A an . McSpa den
1932 Rampart
Cape Girardeau, MO 63701
n McSpa
1932 Rampart
Cape Girardeau, MO 63701
- 2 -
�������� rage ivo. oT rages
MONROE PLUMBING & HEATING
Route #1 Box 28 110 3
CAPE GIRARDEAU, MISSOURI 63701
Phone 334-4180
PROPOSAL SUBMITTED TO PHONE DATE � �7 y�
J� —, / / —
ALAN MC SPADDEN
STREET JOB NAME
1932 RAMPART !I
CITY, STATE AND ZIP CODE JOB LOCATION I
CAPE GIRARDEAU, MO 63701 I
ARCHITECT DATE OF PLANS JOB PHONE
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We hereby submit specifications and estimates for.
PROPOSAL INCLUDES
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BREAK UP AND REPLACE STREET �''
INSTALL 1— 8x6 WYE '
INSTALL 4" GRAVITY FLOW SEWER LINE TO MAIN ,
%�PROPOSAL DOES NOT INCLUDE $750 . 00 SEWER TAP FEE
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�P �rA�1U,6P hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: i
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TWO THOUSAND NINE HUNDRED FI FTY ONE -� 00 dollars ($ 2 , 951 .41 ) I�
Payment to be made as follows: i
PAYMENT IN FULL UPON COMPLETION
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All material is guaranteed to be as specified. All work to be completed in a workmanlike /I /( //
manner according to standard practices. Any alteration or deviation from above specifica� AUthOfiZBd _/i /A_i��� /�I �� ����`�-�'
tions involving extra costs will be executed onty upon written orders, and will become an Signature ��� �� ��
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Not2: This pfopoSal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if nOt accepted within days.
��rP�iFlttrP D� ��L����tt� —The above rices, specifications �� /J�� C- �^ '
II P �,�-'-. �� c r—<�.�.�- ��• --��- I
and conditions are satisfactory and are hereby accepted. You are authorized Signature i
to do the work as specified. Payment will be ade as outlined above. .. I
�-��-��� Signature �
Date of Acceptance: � � ,
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