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RESOLUTION NO. 96/4).-4.
A RESOLUTIONAUTHORIZINGAND DIRECTING:THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE BOARD OF
TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE NON-
EXCLUSIVE USE OF AIR RIGHTS ABOVE AND SUBSURFACE
BELOW THE RIGHTS-OF-WAY OF CERTAIN STREETS WITHIN
THE CITY FOR THE INSTALLATION AND MAINTENANCE OF TELE-
COMMUNICATIONS CABLE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute an agreement with the Board of Trustees of
the University of Arkansas for the non-exclusive use of air
rights above the rights-of-way of certain streets within the
City for the installation and maintenance of telecommunications
cable. A copy of the agreement authorized for execution
hereby is attached hereto, marked Exhibit "A", and made a
part hereof. ,/
PASSED AND APPROVED this /Q10/) day of Avg VS* , 1982.
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CITY CLERK
APPROVED:
ZdA ?atter
ASSISTANT MAYOR
AGREEMENT
This agreement executed this /day of
1982, between the City of Fayetteville, Arkansas, hereinafter
called "the City", and the Board of Trustees of the University
of Arkansas, hereinafter called "the University".
WHEREAS, the University desires to install a telecommunica-
tions system at certain University facilities; and
WHEREAS, said installation will require the use of air
rights above certain city streets; and
WHEREAS, Ark. Stat. Ann. §76-137 authorizes the governing
bodies of cities, with respect to City streets, alleys, and
other public easements of such cities, to enter into leases,
contracts or other agreements with the owners of private
property with respect to the use by such owners of private
properties of the air rights over and above any such streets
so long as such leases, contracts or agreements do not
impair the public use thereof, and are not inviolation of
any federal- requirement with respect to any federal aid
funds involved in the construction or improvement of such
streets; and,
WHEREAS, Ark. Stat. Ann. §19-2304 authorizes Cities of
the first class to lease out such portions of streets and
alleys as are not for the time being required for corporate
purposes.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the City and the University agree as
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follows:
1. The City hereby leases to the University the non-
exclusive use of the air rights above the rights-of-way of
those streets and alleys in the City of Fayetteville described
in Exhibit "A" attached hereto and made a part hereof, and
hereby leases to the University the non-exclusive use of the
subsurface within said rights-of-way where the subsurface
is not covered by street paving, curbs, gutters, or sidewalks.
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2. The University shall have the right to use said
air rights and subsurface for the sole purpose of installing,
maintaining, repairing and replacing telecommunications cable
and appurtenances owned by the University.
3. The City acknowledges that the consideration for
this lease is the public benefit accuring to those citizens
of the City who are employeed by, or who attend, the University
and will use the aforesaid telecommunications system.
4. The term of this lease shall be for a period of
five (5) years commencing on the execution date hereof.
5. The University's use of the air rights and subsurfaces
leased hereby shall be subject to the following conditions, to
which conditions the University expressly agrees:
(a) All telecommunications cable and all appur-
tenances thereto installed by or for the University
shall be installed, maintained, repaired, and replaced
so as not to impair the public's use of any public
street, alley, or highway now existing or as may here-
after be constructed;
(b) Should it be necessary to relocate all or any
portion of the University's telecommunications cable
system so as not to impair the public's use of any
public street, alley, or highway, now existing or as
hereafter constructed, the University shall bear its
own relocation costs.
(c) The University shall install no new telephone
poles within public right-of-way.
(d) The University shall indemnify and hold the
City harmless from any loss or expense occasioned by
the University's use of the air rights and subsurfaces
leased hereby.
IN WITNESS 'WHEREOF, the parties have executed this
agreement on the date first above written.
CITY OF FAYETTEVILLE, ARKANSAS
B
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BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS
EXHIBIT A.1
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Exhibit A
Proposed Cable Route
University of Arkansas
To U of A Experimental Farm (See Exhibit A.1)
From the northwest corner of the Garland Street -Douglas Street Junction
northward along the west side of Garland Street to the northwest corner of the
Garland Street -Janice Street Junction, a distance of 5,580 ft. From this point
northward proposed cable routing will be on U of A property at the
Experimental Farm. The entire route will be buried.
To West Ave. Annex, Continuing Education, and Eng South (See Exhibit A.2)
From the northwest corner of the Duncan Street -Williams Street intersection
eastward along the north side of Williams Street to the northeast corner of
the Williams Street -North University Avenue intersection, a distance of 834
ft.,thence southward along the east side of North University Avenue for a
distance of 258 ft., thence eastward to the northwest corner of the West
Avenue -Spring Street intersection, a distance of 696 ft. At this point,
proposed cable route separates into three distinct routes as described below.
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1. To West Avenue Annex. (See Exhibit A.2)
From the northwest corner of the West Avenue -Spring Street intersection,
northward along the west side of West Avenue to the northwest corner of the
West Avenue -Lafayette Street intersection, a distance of 1,402 ft.
2. To Continuing Education (See Exhibit A.2)
From the northwest corner of the West Avenue -Spring Street intersection,
eastward along the north side of Spring Street to the northwest corner of the
Spring Street -Alleyway intersection east of North East Avenue, a distance of
1,812 ft., thence in conduit southward along the east side of the Alleyway
east of North East Avenue to the Continuing Education Building, a distance of
approximately 700 ft.
3. To Engineering South (See Exhibit A.2)
From the northwest corner of the West Avenue -Spring Street intersection,
southward along the west side of West Avenue for 430 ft. thence to the east
side of West Avenue Southward to the northeast corner of the Center Street -
West Avenue intersection, a distance of 286 ft., thence buried eastward along
the north side of Center Street to the northwest corner of Center Street -
School Avenue intersection, a distance of 314 ft., thence aerial southward
along the west side of School Avenue for a distance of 3,657 ft., thence 140
ft. to the east side of School Avenue, thence southward along the east side of
School Avenue for a distance of 2,254 ft., thence 90 ft. west to the west side
of School Avenue (Hwy 71B) thence southward along the west side of School
Avenue to the northwest corner of the School Avenue -20th Street intersection,
a distance of 1,140 ft., thence buried westward along the north side of 20th
Street to the U of A property line, a distance of 690 ft.
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