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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 AWk 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 0 2 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. 3 iilmilmill,l loll 4 o 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 4 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. 5 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 6