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Home My Public Portal AboutORD13831 u e ?t `b'FaZ -e- ,t fes . c { i`i 4'.4 f, ..5.t" It3i 1 °. k•Ei ,4 r t 71.,,.:.,,..;,7,,4-41,-: . _ I. it '`- `ia: t 0 .44te 1 1 Astra° i 41S. f`` si 1t?, trti _t t {i.54.14-t2;::,-.7v "f t}t. .4 d1.. �' ^g;f w� tit r L.J. �I . Yid y t t f .� `t i�:T_:- `[ ' 't. �tty tl } e i ; yx} i { f+l 3. ra ?`.l� a `t . Tr Y4 W ft .§f i t ^s .• m.v> r ,,Y.!..m.. . ...!i v.?ih..f l'al&-.- z4 Y `.n:. , e ,,,,t,1"., ,b.F'*.:. ,..1.::J ,,,_. --.] . s..._..; .... ' is:1 zi- BILL NO. 2004-128 - SPONSORED BY COUNCILMAN Martin 1 1,1 ORDINANCE NO. / 2 YJ =3 / AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 't MAYOR AND CITY CLERK TO EXECUTE A CO-OPERATIVE AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS ``- FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Co-Operative Agreement with the Missouri Highways and Transportation Commission. s Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. z. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: / ,i`-"I - /I, _?,_../-1-69.54— Approved: 7/9A5, _, / Presiding Officer Mayor .ATTEST: APPROVED AS TO FORM: • i, -117%.,--7. t W - // 9/4 X ' City Clerk City Counselor . ;r." 13231 CCO Form: Approved: 5/04 (BDG) Revised: Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF JEFFERSON CITY, MISSOURI CO-OPERATIVE AGREEMENT THIS CO-OPERATIVE AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Jefferson City, Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, the City is requiring Cherry Creek Land L.L.0 to construct a detention drainage pond structure including earthen dam (hereinafter, "structure") located adjacent to the Commission's right of way for Route 179 (Station 26+00 to Station 29+50 Rt.) and shown in the attachment entitled Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, upon construction of the structure by Cherry Creek Land L.L.C, ownership of Lot #6, containing the structure, will be conveyed to the City, and the City will accept, and the City will be responsible for future maintenance of the structure located on Lot #6 ; and WHEREAS, the Commission is willing to allow the structure to be connected to the existing Rte. 179 embankment near Sta. 29+00 Rt. WHEREAS, normal operating conditions of the structure will cause the ponding of water on Route 179 right of way; and WHEREAS, the Commission is willing to allow water to pond within Route 179 right of way subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the Commission allowing a portion of the structure on Route 179 right of way and the mutual covenants, promises, and representations contained in this Agreement, the parties agree as follows: (1) ATTACHMENT OF EARTHEN DAM: The Commission grants the City permission to attach the earthen dam portion of its drainage structure to Commission right of way as described in Exhibit A, which is attached hereto and incorporated herein by reference. (2) FLOODING OR POOLING COMMISSION RIGHT OF WAY: The City acknowledges that during significant rain or other precipitation, it is possible that the 1 structure may not drain at a rapid enough rate and could result in the pooling or flooding of water on Route 179 right of way. The City acknowledges that the elevation of the top of the structure (earthen dam) will remain at elevation 605.0'. The City acknowledges that the pooling or flooding of water on Route 179 right of way at this location did not occur prior to the construction of the structure described in Exhibit A. (3) GUARDRAIL CONSTRUCTED ALONG ROUTE 179: Cherry Creek Land L.L.0 will be required to extend the limits of the existing guardrail along the right side of Route 179 at its sole cost and expense as shown in Exhibit A. (4) MAINTENANCE: The Commission will maintain all drainage structures, embankment and guardrail on Commission-owned right of way. The City will maintain the structure described in Exhibit A on the property (Lot #6) that is to be conveyed to the City by Cherry Creek Land L.L.C. The City will maintain the structure in such a way that seepage from the structure will not weaken the stability of the embankment for Route 179. The City agrees to keep the structure clear of clogs, debris, or obstructions that would interfere with the proper drainage function of the structure. (5) DAMAGE TO COMMISSION RIGHT OF WAY: The City shall be responsible for all damage to Commission right of way as a result of the construction, existence, or maintenance of the structure, including, but not limited to, embankment failure and damage caused by vehicle collisions as a result of pooling or flooding on Route 179 right of way at this location. (6) INDEMNIFICATION: To the extend allowed by law as to the legality of a public entity entering into an indemnification agreement, the City shall be responsible for injury or damages to any and all parties, including known or unknown third parties, as a result of the construction, existence, or maintenance of the structure as described in Exhibit A, including but not limited to, claims relating to the creation of a hazardous condition of Commission right of way as a result of the pooling or flooding of water on the right of way, drowning or injuries of third parties as a result of the pooling or flooding, and the weakening or failure of the roadway embankment for Route 179 . To the extend allowed by law as to the legality of a public entity entering into an indemnification agreement, in addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death or property damage, suffered as a result of the City's or its employees, agents, contractors, licensees, and invitees performance under and to pursuant'to this Agreement, the City assumes the obligation to save the Commission harmless, including its agents, employees and assigns, and to indemnify the Commission, including its agents, employees and assigns, from every . expense, liability or payment arising out of such wrongful or negligent act, including legal fees. To the extend allowed by law as to the legality of a public entity entering into an indemnification agreement, the City also agrees to hold harmless the Commission, including its agents, employees and assigns, from any-wrongful or negligent act or omission committed by any contractor, subcontractor or other person employed by or under the supervision of the City for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. It is the intent of the parties that the Commission is not to assume any liability whatsoever relating to the construction, existence, or maintenance of the structure as described in Exhibit A. (7) NO WAIVER: By entering into this Agreement with the City, the Commission does not waive or compromise or waive any claim the Commission may have against the City as a result of the construction, or maintenance of the detention drainage structure. The Commission reserves the right to pursue any and all claims against the City as a result of the construction, existence, or maintenance of the. structure. (8) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (9) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the City and the Commission. (10) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (11) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (12) VENUE: It is agreed by the parties and the City specifically consents that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (14) SEVERABILITY: If any clause or provision of this Agreement is found to be void or unenforceable by a court or district of proper jurisdiction, then the remaining provisions not void or unenforceable shall remain in full force and effect. (15) CONTRACT LANGUAGE The language of this Agreement reflects negotiations between the Commission and the City, each of which have had the opportunity to modify the text. In the event of litigation or other dispute concerning the language of this Agreement, general rules construing ambiguities against the drafter shall not apply. It is agreed that more than one copy of this document may be executed 3 1,4 and that the original filed with the Secretary to the Missouri Highways and Transportation Commission shall pursuant be deemed to be the controlling original. (16) NON-LIABILITY OF COMMISSION PERSONNEL: Neither the commissioners, nor any other officer, official, employee, or agent of the Commission or Missouri Department of Transportation shall be personally responsible for any liability . arising under or growing out of this Agreement. (17) NOT A JOINT VENTURE: Nothing contained in this Agreement shall be deemed to constitute the Commission and the City as partners in a partnership or joint venture for any purpose whatsoever. (18) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (19) CONTINUING DURATION: The term of this Agreement will be of a continuing duration until terminated pursuant to the terms of this Agreement or by mutual consent of the parties. (20) SURVIVABILITY: The City's obligation to the Commission under this Agreement shall survive the completion of the terms of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this iq day oft2 11,24/ S • , 20 O Executed by the Commission this j3 day of :kb( 20 MISSOURI HIGHWAYS AND CITY OF_- FFERSON CITY, MO TRANSPORTATION COMMISSION CD—ca..e- Q6 A Set By / Title Director of Project Development title: I Win(' ATTEST: ATTEST: Secretary to the Commission i A� Title: � j G zi �jm Ap•roved as to irk // Approved as to Form: 4 11411, I I, Commission Counsel ' f Title: C CD4nsrlor, Ordinance: /.3 8<3/ 5 I SUE DRIVE ---'"'/ �I \ IN — II,--- -- . _SUED________ /\ - nM x INVlulYluN 1 •/ ' I. 61") '`� N nxw Wry.11>L�.�, [0311 0 Y<r glnn ITT N I •. SSSS__ --,._. . Y/4(K1 Y39YNG 1 - �..` IXIIMIfN NO TUI Sal II I I 1.-$1.;/1 �..-'� [15310 Iwo W I 1 _ .��- PIMIR 11141,SS'I % __ 1 NHgFN SILIalr I.1.111] '-"--- - �• II I'.Ibtl If11Y..N3 1 //4.3•, - moi '' .. -3-�IJ`i�� ,/ NLy1',rt./Mika,- / SITE. 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