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Home My Public Portal AboutORD11151 BILL NO. 88-131 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. X&S/- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNION ELECTRIC FOR THE PROVISION OF TEMPORARY EASEMENTS ACROSS CITY PARKING LOTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Union Electric for the provision of temporary easements across City parking lots. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 31 / d'% Approved an Officer Mayo ATTEST: City Clerk A ® AGREEMENT THI AGREEMENT, made and entered into this �! day of o,�-� , 1989, by and between the City of Jefferson, Mi ouri, a unicipal corporation, of the State of Missouri, hereinafter "City", Union Electric Company, a corporation duly organized and existing under the laws of the State of Missouri, hereinafter referred to as "Company", for temporary easements over and across city parking lots. WHEREAS, Company has been granted a franchise to operate within the city limits of the City of Jefferson, by ordinance 9490 and the subsequent approval of the voters; and WHEREAS, Company in the exercise of its rights and privileges granted under the franchise, from time to time must install, locate, reinstall and relocate certain facilities over, across and under certain parking lots owned by City; and WHEREAS, it is in the best interest of the City and Company that where facilities are of a nature that does not interfere with the use of the City of the property for parking purposes, that a general temporary easement should be granted. NOW, THEREFORE, BE It agreed by the parties as follows: 1. The right, permission, and authority be, and the same are hereby granted to Company to construct, maintain and operate a system for the manufacture, transmission, distribution and sale of electricity for lighting, heating, power and related purposes and a plant and system of mains, pipes, services and other appliances for the manufacture, transmission, distribution and sale of natural and/or artificial gas for lighting, heating, industrial and other uses in, upon, over, across, under and along the parking lots owned by the Municipality. 2. No charge shall be assessed against the Company by the City for said easement, but Company shall be responsible for the relocation of any gas or electric underground or overhead lines if mandated by the City, and shall be done in accordance with all City codes and ordinances. 3. Company shall be responsible for notifying City in advance of any construction for mains and/or service lines on said lots. Such notice shall be not less than forty-eight (48) hours unless an emergency condition arises which prohibits the giving of said notice. Following notice of intent to construct, the Director of the Department of Transportation shall review the proposed construction and approve or disapprove of the proposed construction. In the event, the Director of Transportation does • not approve any specific construction plans, the appeal of that decision shall be taken to the City Council. tl • , 1 ® 4. The easement granted in this agreement shall not be extended to surface obstructions other than poles such as transmitters, switchers, transformers, cabinets, etc. These obstructions shall require: a separate specific easement approved by the City Council. 5. In case of any disturbance due to negligence or normal work on the part of the Company of permanent sidewalk, driveway or other surfacing, the Company shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or surfacing of any parking lot disturbed, in as good condition as before said work was commenced. The City and the Company shall resolve all disagreements over the adequacy of restoration. 6. Company shall provide City a current map or set of maps drawn to scale of one (1) inch equals two hundred (200) feet, showing all system equipment, mains and services lines installed and in place in said lots within ninety (90) days of completion of construction in that area. For any equipment mains and service lines previously installed, only those which are not readily visible need be indicated on the maps. 7. In no event shall the City be liable to the Company for special, indirect, or consequential damages, except those caused by the City's negligence, arising out of or in any way connected with a breach of this contract. ® The Company shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Company arising out of or in any way connected with this contract. 8. All notices required to be in writing may be given by first class mail addressed to Marty Brose, Director of Transportation, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Mr. Bob Nichols, Union Electric Company, 101 Madison Street, Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 9. This agreement shall cover all parking lots currently existing as set out on Attachment A. 10. This agreement may be terminated by either party upon the giving of ninety (90) days notice. In the event of termination, Company shall petition the City Council for a grant of permanent easements for any and all facilities it wishes to maintain on City property covered by this agreement. • IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. CITY OF JEFFERSON UNION ELECTRIC COMPANY w a President ATTEST: ATTEST: lZ J ZZL ty Clerk AmILSecretary ks i ATTACHMENT A CITY OF JEFFERSON PARKING LOTS The City of Jefferson owns and operates the following listed parking lots: Total Spaces Lot Number Location Available 1 South of Commercial 58 Avenue and East of Jefferson Street 3 North of High 49 Street, South of 2 Hr. Meters Commercial Avenue, and West of Monroe Street. 5 South of Capitol 33 Avenue between Adams Street and Jackson eStreet 6 North of High Street 65 and East of Adams behind the Grace Episcopal Church 8 South of High 33 Street, East of 2 Hr. Meters Jefferson Street and North of the Alley behind Taco Bell 10 South of High 28 Street, North of the 2 Hr. Meters alley centered between Madison and Monroe Streets , behind Tolson Drugs. 12 South of High Street 97 and South of the alley, running the length of the block between Monroe and Adams Streets 13 South of High Street 21 and North of the Alley mid-block 28 between Monroe and 2 Hr. Meters Adams Streets 14 South of High 33 Street, North of the alley, and West of Adams Street 15 North of McCarty 60 Street, West of Adams street and South of the alley. 16 South of High 62 Street, north of the alley and West of Jackson Street, with entrance off of High Street adjacent to t h e B a p t i s t Building. 18 South of state 23 Street on the West corner of Adams Street 22 South of McCarty 31 Street and North of the Alley, adjacent to the Big B cleaners 24 South of McCarty 124 Street on the West side of Adams Street, north of the alley. 25 South of Miller 27 Street, West of Jefferson street behind Noble Beauty Salon. . 31 West of Madison 32 Street, North of East Ashley Street adjacent to the Milo Walz Hardware Store Parking Garage North of commercial 130 Reserved, 270 Avenue on corner. of Daily and 53 2Hr. Madison street and Meters Capitol Avenue 1 I 133HIS NOSX3VP �SWV0t7 21 LI 13381S 3061NOW W t!j W = W cr. ct f U iFf ro p 3 W cn U 133HIS NOSIGM 1 t9 ui N t 2 t�+ •': N ce �i 133HIS NOSH33J3P -) Lu Z CD _ cv I + .� 1.S NOIJNIHSVM .�. fn L------ju I oc � a 13381S AVMOV08EI Lucn 1 j SbV3M 133H1S ' .•�1HH38'1(1W I i cri ell H1S InNI" t off,. 3 cos ! 1 • I BILL NO. 88-131 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. /S�l AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH UNION ELECTRIC FOR THE PROVISION OF TEMPORARY EASEMENTS ACROSS CITY PARKING LOTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section I. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Union Electric for the provision of temporary easements across City parking lots. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed a-.---� ��. /�id'S Approved \L-PX1-1r Officer Mayo ATTEST: City Clerk I hereby certify this is a true and correct photocopy of Ordinance 11151 of the City of Jefferson, Missouri, which is in effect at the date of this certification. City Clerk ate •