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Home My Public Portal AboutORD12689 t 1 BILL NO._ 97-105 SPONSORED BY COUNCILMAN Haake ORDINANCE NO. � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI .. DEPARTMENT OF TRANSPORTATION FOR UVILDWOOD DRIVE/MISSOURI ; BOULEVARD INTERSECTION IMPROVEMENTS. r ENACTED BY THE COUNCI!_ OF THE CITY OF JEFFERSON, MISSOURI, AS BE IT FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Department of Transportation for V1lildwood Drive/Missouri i Boulevard Intersection Improvements. # : . Section 2. The agreement shall be substantially the same in form and content as fi that agreement attached here to as Exhibit A. Sectiari 3. This Ordinance shall be in full force and effect from and after the date of j its passage and approval. ; Passed: /�i'dC). 3 g'9 7 Approved: t -----�—'�— Mayor Presiding Officer y ,;.. 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Y�9 't�.k,.:..�.,. 1 ( t•� � A t 1 r Missouri .. .. .. ,. essoUri Qantret DdatrlaP 1511 Mlesour/B . t� oulovard .. �^ Departme' n` P-'0- Box 718 Jefferson City,MO 65102 of 73)(57'3) 751-3322 pax(573)522-1658 Roney L. Haden, District Engineer T Ull w v►v.rnodo�sa3te mo�s ' September 10, 1997 -� 7 Martin A. Brose, PE Director of Public Works 320 E. McCarty Street Jefferson City, Mo. 65101 a; RE:.Missouri Blvd. and Wildwood Dr. Intersection } Dear Mr. Brose: t, Attached are seven copies of the urban agreement between the Missouri Department r of Transportation and the City of Jeffer son, for the installation of traffic signals and left turn lanes'et the above noted location. Please review this agreement and return ir C . six'executed copses along with two copies of the enabling legislation. hr you have any questions, please contact me at 751-7688 r ' K 75.1.7689. q Paul Winkelmann at tE Sincerely, �r r J'hf Jim Smith r x;rf Project Manager } Attachments A. V J I,y✓ ., .,, ... .1.� tit 4, } 1 ! �FJ '• , .• .. r. t t Iii.' »ou►mission is to preserve, enhance and support Mlaa®ui0'e tranapartatlan sp6denta.» { } 9 as`yl�,'*• av rt 'S _ t ,c=. ee+•z vifi .. j� ;F e! tt , ki ! � :•Jf �• ._,�:.•r—.. Y � ^S 3�� j �°.�•: y f:i'•o S�7i t, i r s i J;� f "11 yy.L«,4`+j},.Y•v Y4 i�.� Ft } i" Y ; „ ''. .. ' ! Y.. ... S i ! J 3 t �t 1Y 1 it . � yyy�(t} Y ': { ' .. m�111��Y �rrlier• � �v; 1 CV—_,,•L! ..})--___} 1s111i_ i15t 'Si�..x .,,�:.�.�`� , ::I"r'}•.✓fi�9'Y�!• Route 50 SOR, Cole County Job No. J5S0755 City of Jefferson ' Urban Agreement MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION URBAN AGREEMENT This Agreement is entered into by the Missouri Highway and Transportation Commission (hereinafter, "Commission") and the City of Jefferson, Missouri, a municipal corporation, (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: °. (1) IMPROVEMENT DESIGNATION: The public improvement designated as Route 50 South Outer Road (Missouri Blvd.), Cole County, Job No. J5S0755 shall consist of grading, widening Missouri Blvd. and Wildwood Drive to provide for left turn lanes, drainage facilities, traffic signals and other incidental work. (2) IMPROVEMENT WITHIN CITY: The improvement within the City is located as follows: Beginning at Sta. 11+490.960, a point on Missouri Blvd., 198.12 m (650 ft.) west of Wildwood Drive, run in a east direction along Missouri Blvd. to Sta. 12+009.120. Length of improvement within City is 0.52 km (0.32 mile). (3) EXTENT OF AGREEMENT: This Agreement shall apply only to the portion of the improvement lying within the city limits as they exist on the date this Agreement is executed by the City. (4) LOCATION: The general location of the public improvement is shown on an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed location of the improvement is shown on the plans prepared by the Commission for the above-designated route and project. (5) PURPOSE: It is the intent of this Agreement to identify the respective responsibilities of the Commission and the City, in the completion of this improvement • which is estimated to be $198,000. 9 1 (6) FINANCING:, (A) The City will provide 80% of the total improvement cost using its allocation of Surface Transportation Program (STP) funds up to a maximum of $150,000. (B) The Commission will provide 20% of the total improvement or the total cost in excess of$150,000, which ever is greater, using State Road Funds. r (7) RIGHT-OF-WAY USE: The City grants- the right to use the right-of-way of public roads,, streets, and alleys as necessary for construction and, maintenance of said public improvement. (8) RIGHT=OF-WAY ACQUISITION: No acquisition of additional right-of-way is anticipated in connection with Job No. J5S0755 or contemplated by this Agreement. (9) LIGHTING: The installation, operation, and maintenance by the ,Commission of any lighting system on the public improvement covered by this Agreement shall be only in accordance with the Commission's policy on highway lighting in effect at the time of any such installation and only to the extent the Commission then deems warranted. No street lighting system shall be installed or maintained by or for the City on the improvement without approval of the .Commission. (10) TRAFFIC CONTROL DEVICES: The installation, operation and maintenance of all traffic signals, pavement markings, signs, and devices on the improvement, including those between-the highway and intersecting streets shall be under the exclusive jurisdiction and at the cost of the Commission. The City shall not install, operate, or maintain any traffic signals, signs or other traffic control devices on the highway or on streets and highways at any point where they intersect this highway without approval of the Commission. (11) DRAINAGE: The Commission will construct drainage facilities along the improvement and may use any existing storm and surface water drainage facilities now in existence in the area. The City shall be responsible for receiving and disposing of storm and surface water discharged from those drainage facilities which the .Commission constructs within the limits of highway right-of-way to the extent of the . City's authority and,control of the storm sewer facilities or natural drainage involved. (12) PERMITS: The Commission shall secure any necessary approvals or permits from the Surface Transportation Board or the Public.Service Commission of Missouri required to permit the construction and maintenance of the highway. • (13) COMMENCEMENT OF WORK: The Commission shall construct the highway in accordance with final detailed plans approved by the Federal Highway Administration (or as they may be changed from time to time by the Commission with the approval of the Federal Highway Administration) at such time as federal and state .2 funds are allocated to the public improvement in an amount sufficient to pay for the Federal and State Government's proportionate share of construction. The obligation of the Commission toward the actual construction of the public improvement shall be dependent upon the completion of plans in time to obligate federal funds for such construction, upon approval of the plans by the Federal Highway Administration, upon the award by the Commission of the contract for the construction, and upon the approval of the award by the Federal Highway Administration. (14) MAINTENANCE: Except as provided in this Agreement, . upon completion of the public improvement, the Commission will maintain all portions of the improvement within the Commission owned right-of-way. Maintenance by the Commission shall not in any case include maintenance.or repair of sidewalks whether new or used in place, water supply lines, sanitary or storm sewers (except those storm .sewers constructed by the Commission to drain the highway), city-owned utilities within the right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the highway. (15) POLICE POWERS: It is the intent.of the parties to this Agreement that the City shall retain,its police powers with respect to the regulation of traffic upon the improvement contemplated. However, the City will enact, keep in force, and enforce only such ordinances relating to traffic movement and parking restrictions as may approved by the Commission and as are not in conflict with any regulations for federal aid. The Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs, and markings which will permit the movement of traffic in accordance with accepted traffic regulation practices. (16) PARKING ORDINANCES: Since the improvement is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, the City shall enact and enforce such ordinances as are necessary to prevent parking upon the, highway or any part of the area of the highway right-of-way within the limits of the improvement. (17) OUTDOOR ADVERTISING: No billboards or other advertising signs or devices or vending or sale of merchandise will be permitted within the right-of-way limits of the project and the City will enact such ordinances as are necessary to enforce this paragraph. (18) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or refuses to enact, keep in force or enforce ordinances specified or enacts ordinances contrary to the provisions in this Agreement, or in any other manner fails, neglects or refuses. to perform any of the obligations assumed by it under this • Agreement, the Commission may, after serving written request upon the City for compliance and the City's failure to comply, withhold the expenditure of further funds for maintenance, improvement, construction, or reconstruction of the state highway system in the City. 3 S • (19) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into subject to approval by the Federal Highway Administration, and is further subject to the availability of federal and state funds for this construction. (20) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved on or between the duly authorized representatives of the City and Commission. (21) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of,this Agreement. (22) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (23) 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 the contract. • 4 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by this P day of 0! , 1927 Executed by the Commission this 91-A day of D-2cembey- , 1997. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION CITY OF JEFFERSON By + �% Title Chief.EnOneer Title Ala y C, V- Attest: ' J Attest: By , Secretary to the Commission Title Approved as to Form: Approved as to F r Title Commission Counsel r 5 • EXHIBITI&A CONTRACT BETWEEN MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION AND CITY OF JEFFERSON- , MISSOURI JOB NO . J5S0755 COLE COUNTY J, PROJECT LIMITS p 0 0 . 518 km . Oo'. � o NORTH x 0 o' 7 d �o COUNTRY CLUB OR, � MISSOURI 50 MIS TOUR IBL VD, w o BLVO, 3 O_ GOUN� _ � S��T'y 0�• S•ve 0�' TSN MILE G\- 39gM�R/ �R, CAA( ACKNOWLEDGMENT BY CITY STATE OF MISSOURI COUNTY OF COLE On this day ofNQVe_ 6v-- , 19 Z, before me appeared Ph ; Powell personally known to me, who being by me duly sworn, did say that he/she is the fir (title) of the City of T�We and that the foregoing instrument was signed and sealed on behalf of the City of 2jpF Q. A_ and that he/she acknowledged said instrument to be the free act and deed of the City of Teas and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public LINDA GAGGENS Notary Public—Notary Seal STATS OPMISSOU2� My Commission Expires: Cole County 3 mraisszoa Aires:May 15,1999 ,`�,annvmmrsryp� - jeOFffiOY o • 0 yi4' " °aeoepovc� rc„/