HomeMy Public PortalAboutORD10912 BILL N0. 87-103
Ab SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. /02/0-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN URBAN AGREEMENT WITH THE STATE
OF MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR WORK
PERTAINING TO ROUTE 179.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an urban agreement with the Missouri Highway
and Transportation Commission for work pertaining to Route 179.
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
Presidi Officer ayor
ATTEST: .
.City Clerk
r
Route 179, Cole County
Job No. 5-U-179-398
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 Highway and
Transportation Commission, hereinafter called "Commission," and the
City of Jefferson City, Missouri, a municipal corporation,
hereinafter
called "City, "
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 179, Cole
County, Job No. 5-U-179-398 shall consist of grading, widening,
surfacing with high-type pavement, construction of drainage
facilities, maintenance and other necessary incidental work.
2. The improvement within City is located as follows :
Beginning at Station 13+24.82, a point 1378. 79
feet north of the intersection of Route 179
and Industrial Drive, run in a generally
northerly direction along existing Route 179
to Station 78+96. 4, a point 808.8 feet north
of the Missouri Pacific Railroad . The length
of the improvement is 1.264 miles.
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
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contemplated 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.
5. 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. 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. No acquisition of additional right-of-way is
anticipated in connection with Job No. 5-U-179-398 or contemplated
by this agreement.
7. Commission shall secure any necessary approvals or
permits from the Interstate Commerce Commission- or the Public
Service Commission of Missouri required to permit the construction
and maintenance of said highway.
8. 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
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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.
9. Commission shall construct said highway in accordance
with final detailed plans approved by the Federal Highway
Administration (or as they may be changed from time to time by
Commission with the approval of the Federal Highway Administration)
at such time as federal and state 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 said public
improvement shall be dependent upon the completion of plans therefor
in time to obligate federal funds for such construction, upon
approval of said plans by the Federal Highway Administration, upon
the award by the Commission of the contract for such construction,
and upon the approval of such award by the Federal Highway
Administration.
10. 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.
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11. 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.
12. 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 Aid regulations.
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.
13. 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.
14 . 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
highway or any part of the area of the highway right-of-way within
the limits of the improvement.
15. In the event that City fails, neglects, or refuses to
enact, keep in force or enforce ordinances herein specified or
enacts ordinances contrary to the provisions hereof, or in any other
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manner fails, neglects or refuses to perform any of the obligations
assumed by it under this agreement, Commission may, after serving
written request upon City for compliance and City' s failure to
comply, withhold the expenditure of further funds for maintenance,
improvement, construction, or reconstruction of the state highway
system in said City.
16. This agreement is entered into subject to the approval
of the Federal Highway Administration, and is further subject to the
availability of federal and state funds for this construction.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers and the City
executes same pursuant to Ordinance No. / , of said City,
approved on the e 1 day of �, 1987.
Executed by City the A,3 day of
198_2.
Executed by Commission the r4 day of 7 ,
198 .
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
ATTEST: (SEAL) By
Assistant Chief Engineer
Secretary
APPROVED AS TO FORM:
Counsel
CITY OF JEFFERSON CITY, MISSOURI
ATTEST: (SEAL) By
Ma
Y r!�/
�. city Clerk
APPROVED AS TO FORM:
Ao
.City Attorney
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