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HomeMy Public PortalAboutORD10158 BILL NO. 0 J — P107 SPONSORED BY COUNCILMAN . ® ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION AND THE HOUSING AUTHORITY FOR THE CONSTRUCTION OF THE ROUTE 63 SPUR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with the Missouri Highway and Transportation Commission and the Housing Authority for the construction of the Route 63 Spur. Section 2. The contract shall be substantially the same in form and content as that contract 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 Approved -3 —7—r4 r4 /9 Q '2Y,- - --kel PoWsidifng Officer Mayor ATTEST: City Clerk e . MISSD4R1 ,s•••C HIGHWAY AND TRANSPINTATION DEPARTMENT QIE DISC. tNG1ii:Et. Mr� flat CQ US At ,;-S 1 T 110 M Q(� 0 CilNSIRi1C110N -aPQ 12 y�Cy� "UIC' 5 CQ�� SURV:YS G PLANS I AMSf'OR1A%00 April 12, 1984 G � R OF WAY 3"J"T LEGAL: Urban Agreement ACity of Jefferson City and EA1AN;.,i_w Housing Authority of the City of Jefferson City Route 50 - Cole County To Job No. 5-U-50 BR-325 Mr. Wayne Muri District Engineer District 5 Attached is an advance copy of Commission minute of April 6, 1984, authorizing execution of an agreement with the city of Jefferson laity and Housing Authority of the city of Jefferson City involving the above route and job. Attached also, executed on behalf of the Commission, are four copies of the agreement, one for your file, one for the Housing Authority, and two for the city, one for retention by the city and the other to facilitate compliance with Section 432.080, RSMo. 1978. Bruce A. Ring Chief Counsel cc: Mr. G. J. Reihsen (w/l copy of agreement) Mr. J. F. Roberts (w/l copy each of minute and agreement) Mr. K. C. Townley (w/l copy each of minute and agreement) Mr. B. R. McCray (w/l copy each of minute and agreement) AUTHORIZATION FOR EXECUTION OF URBAN AGREEPIENTS The Chief Counsel requested authorization for the execution of agreements with cities, as follows: 1 . With the City of Jefferson City and the Housing Authority of the City of Jefferson City involving Job No . 5-U-50BR-325, which consists of the improvement of Route 50 Business, Cole County, a portion of which will be constructed and maintained by the Commission from Station 3+00 southerly to Station 4+66 , and a portion of which will be constructed by the Housing Authority and maintained by the city from Station 0+.41 southerly to Station 3+00. 2. With the City of Joplin involving Job No. 7-U-FF-218, which consists of the improvement of Route FF, Jasper and Newton Counties, from Station 0+32.8 easterly to Station 65+00 . 3. With the Village of Duquesne involving Job No . 7--U-FF-218 , which consists of the improvement of Route F.'F, Jasper County, from Station 44+19 .1 easterly to Station 53+16.5 . 4 . With the City of Marshfield involving Job No . 8-S-38-334 , which consists of the improvement of Route 38, Webster County, from Station 806+51 .0 southeasterly to Station 39+85.7. 5. With the City of Marshfield involving Job No . 8-S�38-285, . which consists of the improvement of Route 38 , Webster County, from Station 0+60 .39 easterly and southerly to Station 37+60 . r He stated that the agreements would enable the Commission to regulate traffic and parking, control installation of utility facilities, arrange for disposition of storm waters, and, in general, permit necessar, control by the Commission of the contemplated improvement. After consideration, the Commission, by unanimous vote of all members present, authorized execution of the agreements as presented . Commission Minute of April 6, 1984, p., * * Route 50 Business, Cole County Job No. 5-U-50 BR-325 ® City of Jefferson City Urban Agreement CONTRACT This Agreement, made and entered into by and between the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, hereinafter called "Commission, " and the City of Jefferson City, Missouri, a municipal corporation, hereinafter called "City, " and the Housing Authority of the City of Jefferson City, Missouri, hereinafter called "Authority, " WITNESSETH: In consideration of the mutual covenants contained herein, to be faithfully kept and performed by the parties hereto, it is agreed as follows: ® 1. The public improvement designated as Route 50 Business, Cole County, Job No. 5-U-50 BR-325 shall consist of donation of right-of-way, grading, widening, surfacing, adjustment of utility facilities, construction of drainage facilities, traffic signaliza- tion, maintenance and other necessary incidental work. 2 . The improvement within City is located as follows: Beginning at Station 3+00, a point on the center- line of the Missouri Boulevard Extension 37 feet northerly of the existing bridge over Wears Creek, thence in a southerly direction for 166 feet along the centerline to the north edge of the Rex Whitton Expressway pavement at Station 4+66. The length of the improvement is 166 feet. 3 . This agreement shall apply only to the portion of the improvement lying within the city limits as they exist on the date this contract is executed by City. 4. The general location of the public improvement contem- plated herein 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 Commission for the above-designated route and project. S. City grants the right to use the right-of-way of public roads, streets, and alleys as necessary fo.= construction and maintenance of said public improvement. City shall duly close and vacate all city streets or roads, or parts thereof, which may be necessary to permit the construction of the project in accordance with the detailed plans. Whenever it is deemed necessary by the Commission to close any street or road permanently or temporarily during construction, City shall be advised thereof in time to make provision for the diversion and rerouting of traffic necessitated thereby. 6 . The Authority shall provide at no cost to the Commission any additional necessary right-of-way for the herein improvement. 7. Commission and City shall cooperate to secure the temporary or permanent removal, relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and pipes located on the right-of-way of existing public ways as necessary for construction of the improvement and the cost thereof shall be borne by such public utilities or the owners of said facilities except where City is by existing franchise or agreement obligated to pay all or a portion of such cost, in which case the City will pay its obligated portion of the cost. S. Commission shall secure the removal, relocation, or adjustment of any public or private utilities located upon private -2- w easements and shall pay any costs incurred therein. 9. Should it be necessary to alter, relocate or adjust any city-owned utility facilities outside the present city limits on public right-of-way or on state highway right-of-way within or outside the city limits or within the right-of-way of a public way other than a city street or alley, such alteration, relocation, or adjustment shall be made by the City at its cost. 10. City agrees that any installation, removal, relocation, maintenance, or repair of public or private utilities involving work within highway right-of-way included in this project shall be done only in accordance with the general rules and regulations of the Commission and after a permit for the particular work has been obtained from the Commission's District Engineer or his authorized representative. Similarly, City will allow no work on the highway right-of-way involving excavation or alteration in any manner of the highway as constructed, including but not limited to driveway connections, except in accordance with the rules and regulations of Commission. and only after a permit for the specific work has been obtained from the Commission' s District Engineer or his authorized representative. City shall enact ordinances necessary to assure compliance with this paragraph. 11. The installation, operation, and maintenance of all necessary lighting, traffic signals, signs, and devices on said improvement, including those between said highway and intersecting streets and highway shall be under the exclusive jurisdiction and at the cost of Commission. City shall not install, operate, or maintain any lighting, traffic signals, signs or devices on said highway or on intersecting streets -3- and highways at any point where they intersect this highway without approval of Commission. 12 . It is the intent of this agreement that Commission shall provide without cost to City except as otherwise provided herein, a highway for traffic in City which is recognized as a municipal corporation, and Commission shall so design and construct said highway as to enable it to serve operating necessities and requirements of local and through traffic. 13. Except as herein provided, upon completion of the public improvement, the Commission will maintain all portions of the improvement within the normal right-of-way. Maintenance by 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 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. 14. Commission will construct drainage facilities along the improved project and may use any existing storm and surface water drainage facilities now in existence in the area, and City agrees to accept and dispose of such surface water. 15. It is the intent of the parties hereto that City shall retain its police powers with respect to the regulation of traffic upon the improvement contemplated herein. However, City will enact, keep in force, and enforce only such ordinances relating to traffic movement and parking restrictions as may be approved by Commission and as are not in conflict with Federal Arid regulations. Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs, and markings -4- which will permit the movement of traffic in accordance with 7� acceptsd traffic regulation practices. 16. 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 as improved and City will enact such ordinances as are necessary to enforce this paragraph. 17. Since the improvement contemplated herein is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, City shall enact and enforce such ordinances as are necessary to prevent parking upon said high- way or any part of the area of the highway right-of-way within the limits of the improvement. 18. The Commission and the Authority shall coordinate the construction of the herein improvements by the Commission with the construction by the Authority of improvements between McCarty Street and Wears Creek bridge on Missouri Boulevard. 19. The improvement to be constructed by the Authority is located as follows: Beginning at Station 0- 41, the south edge of the West McCarty Street proposed pavement, thence in a southerly direction for 259 feet along the center- line of the Missouri Boulevard Extension to Station 3+00, a point on the centerline of the Missouri Boulevard Extension 37 feet northerly of the existing bridge over Wears Creek. The length of the improve- ment is 259 feet. 20. The general location of the improvement to be constructed by the Authority is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. 21. The Authority shall, without cost to the Commission, be responsible for all plans, specifications, adjustment of utilities, costs of the construction of the improvement within the above de- scribed limits of the project on Missouri Boulevard between McCarty -5- Street and the Wears Creek bridge. 22. The City shall maintain, without cost to the Commission, the improvement to be constructed by the Authority upon the comple- tion of work on said improvement. 23. The Commission will not maintain any improvements con- structed by the Authority on the right-of-way owned by the Commission north of Station 3+00 on Missouri Boulevard. 24. The Authority shall design and build the improvement within the above described limits of the project to the geometries and grade established by the Commission. -6- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective proper officials and the City executes same pursuant to Ordinance No. I «g of said City, approved on the rt^ day of M0144.1 , 1984 . EXECUTED by Authority the .;2; day of February , 1984 . EXECUTED by City the day of , 1984. EXECUTED by Commissioner the 6e" day of , 1984 . CITY OF JEFFERSON MISSOURI HIGHWAY AND TRANSPORTATIO orl SS N BY -� BY oxf.... 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