HomeMy Public PortalAboutORD09121 BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO. �/ 1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A
WRITTEN AGREEMENT WITH PHILLIPS PIPE LINE COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
SECTION 1 . The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
execute a written agreement with Phillips Pipe Line Company
for utility relocation in conjunction with the Ellis Boulevard
extension.
SECTION 2 . Said agreement shall read in words as
follows : (SEE ATTACHED)
SECTION 3. This ordinance shall take effect and be in
force from and after its passage and approval.
Passed: Approved: G�i,3Lg'
Pr sident of h ouncil a
ATTEST:
City C1e k
q/
® REIMBURSEMENT AGREMENT
THIS AGREEIMNT made and entered into this _L_ day of
19'Zy, by and between PHILLIPS PIPE LINE COMPAIIY,
a Delaware corporation, as a Party of the First Part, and THE CITY OIL
JLFFERSON CITY, DEPARTMENT OF PUBLIC WORKS, as Party of the Second Part.
Said Party of the first Part ,is hereinafter referred to as "Phillips".
Said Party of the Second Part is hereinafter referred to as "Second
Party", whether one or more.
THAT WHEREAS, Phillips is the owner of two high pressure,
refined products pipe lines which lines are hereinafter referred to as
said pipe line and easements therefore located in part in the following
described land, to-wit:
Part of Last 11 of Southeast ';; of Sec. #19 and the N.W. part of W. k of
S.W. it. of Sec. #20, all in T44N. , R11W, more particularly described as
follows:
Beginning at center of public road, leading from Jefferson City to
Wardsville, where same is intersected by North boundary line of West
half of S.W. iN of Sec. #20; thence running S. 16 ft. ; thence W. parallel
with N. boundary line of said half quarter Sec. 870 links; thence S. 10
W. (on a variation of 80 E.) 1655 links; thence S. 69 °I,1. 675 links to
cornerstone; thence S. 12110 E. 244 links to cornerstone; thence S. 660
W. 189 links to cornerstone; thence S. 11120 E. 215 links to cornerstone;
thence S. 69120 W. 1046 links to cornerstone; thence N. 171° W. 2250
links to corner; thence N. 7911 L. 640 links to 11. boundary line of the
N.E. 14 of N.E. I4 of Sec. #19; thence E. about 2850 links to place of
beginning; containing; 46.50 acres.
® Also 19 acres, the S.L. part of Outlot #108, and 1.5 acres, more or
less, the S.W. part of Outlot #109, of the City of Jefferson, the two
pieces are bounded as follows:
Beginning at S. boundary line of said Outlot #108, 245 links W. of S.E.
corner thereof; thence running direct line to point on E. boundary'line
of said Outlot, which stands 192 links N. of S.E. corner thereof;
thence Northerly with the Easterly line thereof to the public road
leading from Jefferson City to Wardsville; thence Southerly with said
public road to S. boundary line of Outlot #109; thence W. to place of
beginning.
F.W1II�ii: S,--beoeearty-is desirous of entering into an agreement
with Phillips whereby certain 'adjustments will be made to said pipe
line*
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WHEREAS, Phillips is agreeable to entering into such an agreement,
provided Second Party reimburses Phillips for 50;` of all costs of making
such adjustments.
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NOW, T1ll:Itl'•-OM, for and Lit connideration of the prominen and
mutual covenants herein.contained, it is agreed as follows:
1. Phillips agrees to excavate, inspect, coat and wrap as
necessary and lower as necessary said pipe line for the purpose of
allowing Second Party to perform certain construction work; Phillips
further agrees to furnish or subcontract all the labor, tools, materials
and equipment necessary for said work; PROVIDED SECOND PARTY AGREES TO
PAY FOR 50% of all COSTS ATTRIBUTABLE THERETO. The adjustments to said.
pipe line hereinabove described in this paragraph will. hereinafter be
referred to as the "work".
2. Me estimated cost of such work is $10,316.70 as set
i forth in the Cost Estimate, consisting of 6 pages attached hereto' as
Exhibit "A!' And incorporated herein by reference.
3. Second Party agrees to pay Phillips for 500 of all costs
j attributable directly and/or indirectly to the above described work.
! Pursuant to said promise of Second Party, said Second Party agrees to
pay Phillips a sum of money in the amount of $5, 158 at the time of
subscribing to this agreement, said sum being 50i of the estimated cost
of performing said work.
4. In the event the direct and/or indirect costs Attributable
to the above described work exceeds the aforementioned estimated cost,
' Second Party agrees to pay 50% of the additional amount when notified
thereof by Phillips upon completion of said work.
5. In the event the direct and/or indirect costs attributable
to the above described work is less than the estimated cost aforementioned,
Phillips will refund the difference between 50% of the actual cost.and
the aforementioned payment (made by Second Party at the time this
agreement is executed).
_. 6. Second Party agree3 and covenants that it will hold
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Phillips harmless from any loss, damage or liability Phillips may incur,
or that may be incurred by others, for which Phillips is legally responsible
and whether caused or contributed to by the negligence of Phillips or
others in accomplishing, the work to be performed by Phillips or other on
its behalf in accordance with the terms of this agreement.
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7. It is expressly understood that Phillips may itself
perform its obligations under this contract or may have others perform
such obligations.
8. It in expressly understood by the parties hereto that
Phillips is not abandoning any right, title or interest it may have in
the above described land.
9. This agreement supersedes every antecedent or concurrent, .
oral and/or written declaration and/or understanding pertaining to the
adjustments to the pipe lines made by and between Phillips and Second
Party.
10. This agreement shall be binding upon the parties hereto,
and their respective heirs, representatives, successors and assigns.
PHILLIPS PETROLEUM COMP CITY OF JEFFERSON C Y
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