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HomeMy Public PortalAboutORD08328 kv BILL N0. x.9/0/vv INTRODUCED BY COUNCILMAN k ORDINANCE NO. '.�j,;a�' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT WITH THE MISSOURI STATE HIGHWAY COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : SECTION 1. The Mayor and Clerk of the City are, hereby authorized and directed, for and in the name of the City, to execute a written agreement with the Missouri State Highway Commission. SECTION 2. Said agreement shall read in words and figures as follows : (SEE ATTACHED) t'41 f SECTION 3. This ordinance shall take effect and be in. force from and after its passage and approval. Passed: .� �x� .�1, ,y Approved : u P e i ent of the c3.1 Ma r Attest : t4 i1 City C, rk J S t t t City of Jefferson Municipal Agreement MUNICIPAL AGREEMENT TOPICS PROGRAM THIS -AGREEMENT, made and entered into by and between the State Highway Commission of Missouri, hereinafter called "Commission, " and the City of Jefferson Missouri, a municipal -corporation, hereinafter called "Municipality. " WITNESSETH: The parties desire to inaugurate and carry on a pro- gram for the development and improvement of principal roads and �• streets to facilitate traffic movement and operations within the Municipality under the Federal Traffic Operations Program to Incr a as a Capacity, and Safety, generally known and hereinafter referred to as "TOPICS. " The Commission has adopted policies and procedures in accord with pertinent federal laws and implementing regulations for the initiation and conduct of a TOPICS Program. The Federal Government has appropriated funds for the purpose of financing a TOPICS Program, allocations from such funds to any municipality to be matched equally by affected municipalities. The Municipality is desirous of availing itself of such Federal funds for improvement of its traffic operations and has, or will undertake as provided herein appropriate pro- grams.. schedules and procedures to qualify for allocation of such funds. 11 • , I I The parties recognize that the TOPICS Program does, not contemplate major construction or reconstruction but is intended to maximize the efficiency of the existinc; :reet systems within municipalities. All undertakings hereunder. by the parties will be in accordance with applicable Federal Aid Highway laws and regula- tions, specifically Section 135,' Title 23, U. S. Code (Sec. 10(a) • Public Law 90-495; 82 Stat. 820; Sec. 10 Fed. Hy. Act of 1968, Aug. 23, 1968) , and with federal regulations implementing the same. All undertakings shall furthermore be .in accordance with federal statutes and regulations relating to the conditions under which the Federal Government will participate in the cost of streets, highways, and roads, including, but not limited to, civil rights, non-discrimination in employment, equal employment opportunities, non-segregated facilities, wage rates, anti-collusion, anti-kickback, posting of notices, inspection, retention of records, - and warranties against contingency fees. in consideration of the mutual promises and covenants herein contained to be faithfully kept and performed by the parties hereto, and each of them, it is agreed as follows: 1. The parties do hereby approve and enter into this agreement * relative to a TOPICS Plan and Program in the urban area of the Municipality. -2- 2. The parties will proceed in full accord with its pro- .. visions in the execution of a TOPICS Plan for the area. 3. The Municipality has completed, or is in the process of completing an Area Transportation Study in cooperation with Commission as a prerequisite for eligibility in the TOPICS Pro- gram* A TOPICS Plan will be developed and coordinated with the existing Area Transportation Study. . The TOPICS Plan will; among gather things, define the study limits, establish a new Federal Aid Highway System designated as the Federal Aid Primary Type II System, establish an improvement program and priorities and the schedule to be followed. 4. The aforesaid TOPICS Plan will encompass all streets and highways on Federal Aid Systems existing or to be established, or a significant portion thereof, and other arterial highways and major streets within the Municipality' s urban area, includ- ing streets in the central business district and in other areas having heavy concentrations of traffic. Evaluation of the study system will be made to- determine its capacity to handle present and. projected future traffic adequately, and safely. The results of the study will be presented in the form of a written report prepared by Municipality to include a program of traffic opera•- ' tion improvements, a recommended Type II Federal Aid System, a cost estimate of improvements, and a schedule of improvements over a stated period of time within available funds. -3- S. The parties will agree upon 'the streets and highways to be included in the Type II System, subject to approval by the Federal Highway Administration. 6. Upon agreement between the parties and approval of the Federal Highway Administration of the tentative Type II System, the parties will proceed with development of the TOPICS Plan for the Municipality. The parties will be responsible for the various activities, associated data collection, and aspects of the study . as listed below. It is understood and agreed that if Municipality employs a Consultant for the purpose of performing work on the study, Municipality will require its Consultant to comply with the various federal laws and regulations relating to federal- aid, and provisions herein regarding inspection of work, and retention and inspection of records the same as required herein of Municipality' s roadway contractor on any TOPICS project. (a) Municipality will, through its own forces or with the assistance of Consultants, be responsible for - (1) Furnishing the TOPICS Plan, which shall include inventories of traffic items, and other data sufficient for proper evaluation by Commission and the Federal Highway Administration; (2) Furnishing the written report including the im- provement plan, costs estimates, scheduling and financing method, and reproduction of the report; -4- (3) Furnishing evaluation and analysis of the study system; � • - (4) Keeping accurate account of the cost of prepar- r "'• ' ` ing the Plan and, if reimbursement is. desired, submit its . voucher covering- such costs, with such supporting data as- required, through Commission to the Federal Highway. Admini- stsation for reimbursement. (b) The Commission will - (1) Furnish Municipality with guidelines for prep- aration of the study; (2) Contemporaneously with the study, re-•evaluate the established Federal Aid Primary Type Z and Secondary Systems in the area with the view- toward updating them at • the same time the Primary Type 11 System is d e sig- natedd and to insure that with the addition Qf the Type . 11 System, the relationship between the two systems is . logical.; (3) Furnish such information as may be available to Commission in connection with the study; (4) Provide necessary review of the Plan and co- ordinate with the Federal Highway Administration. NOW 1' Am (5) Designate the approved project submitted by Muni- cipality as a part of the State Highway System as required by applicable laws, rules and regulations relating to the work contemplated by Section 10 of the federal Highway Act of 1968 with amendments thereto and policies and procedures adopted thereunder. (c) The parties will jointly participate in - (1) Selection of a Type II System with Municipality primarily responsible for its preparation from data furnished by each party during the study, and with Commission' s final approval*; — (2) Continuation of the study after the initial pro- gram has- been approved for the purpose of keeping the same updated and :re-evaluated as conditions in the municipal area develop and change. • 7. It is understood and agreed by and between the parties that costs incurred in connection with the study, or with any projects fd°r improvement under TOPICS on the Typa II System, will' be shared on a 50-50 basis between the Federal Government and the Municipality, and that any costs incurred which are not reimbursable by the Federal Government .will be borne by the Muni- cipality .with no participation in such costs by the Commission. . 8. Following completion and approval of the study by the Federal Highway Administration, the Municipality will apply through Commission' s District Engineer for project improvement -6- i . r • Aft in accordance with the TOPICS Program and Plan, and within the available funds allocated Municipality for the project. If the study is under way and can reasonably be expected to be completed within 18 months, projects may be programmed for improvement if they can be expected to be part of the finally approved Type II System. 3. in connection with the project, the :Municipality shall provide preliminary, plans and specifications, an estimate of coats, and upon approval of the project as a TOPICS project- will hold public hearings, secure any necessary right-of-way, pay any relocation costs in connection therewith, advertise for bids, award the contract, provide for necessary adjustment and relo- cation of utility facilities, conduct supervisory engineering and inspection service, pay the contractor in accordance with the terms of the contract, and assume general responsibility for all public information and public relations in connection with the project. 10. Municipality shall assure that representatives of the State and the Federal Highway Administration shall have the privi- lege of inspecting and reviewing the .work being done by the Municipality' s contractor on any TOPICS project. 11. The Municipality shall also assure Municipality' s Con- tractor, and all his subcontractors, if any, maintain all books, documents, papers, and other evidence pertaining to cost incurred in connection with any TOPICS project contract, and make such materials available at such Contractor' s office at all reasonable -7- -times during the contract period, and for three years from the i date of final payment under• the contract, for inspection by the State, Federal Highway Administration, , or any authorized repre- r • sentatives of the Federal Government, and-copies thereof shall be furnished, upon request,- to authorized representatives of the State, Federal Highway Administration, or other Federal agencies. 1 2. Following completion of the contract, or during per- formance of the same as directed, the Municipality will submit its vouchers to Commission' s .District Engineer for reimbursement by the Federal Highway Administration. 13. Upon completion of construction, Commission will re- linquish to Municipality, and Municipality will accept control. _---and -maintenance of the streets and highways improved under any TOPICS project, and City will thereafter keep, control, and maintain the same, as and for all purposes a part of its muni- oipal street system, at Municipality' s cost and expense. 14. Th6 Municipality shall adequately maintain and operate the completed improvements and to this end will either establish 1 and maintain a traffic engineering unit or provide other means for the proper maintenance and operation of the completed im- provements or will provide other means acceptable to the Com- qW for assuring proper maintenance and operation. A written statement of the method chosen will be provided by Municipality to Commission- prior to a request that any project be authorized for construction. 15. it is the intent of the parties hereto that Municipality retain its police powers with respect to the regulation of traffic ♦ ♦ I within the area of any TOPIC' Improvement. However, the Muni- cipality will enact, keep ' .e, and enforce such ordinances relating t:o traffic moveme_ .d parking restrictions as may J 4e approved by Commission and the Federal Highway Administration, such ordinances being designed to facilitate the full and free - use of the throughway within the Type I1 System, including but not limited to: (a) Prohibiting angle parking; (b) Adequate regulation or prohibiting of all park- ing at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. 16. The Hunic'ipality further agrees that the right-of-way provided for any TOPICS Program will be held and maintained in- violate for public'highway or street purposes, and will enact and enforce any ordinances necessary to prohibit the presence of billboards or other advertising signs -or devices and the vending or sale of merchandise on such right-of-way, ' and will remove or cause to be removed from such right-of-way any sign, private installation of any nature, or any privately-owned ob- ject or thing which may interfere with the free flow of traffic or impair the full use and safety of the highway or street. 17. The Municipality agrees that it will not repeal, change, or modify any municipal ordinances or regulations relating to the regulation of traffic movements, parking restrictions, or use of the highway right-of-way enacted hereunder without prior concur- rence of the Commission and the Federal Highway Administration. :, -9- . o it is understood and agreed that if the Municipality fails to fulfill its responsibility with regard to enacting, enforcing, { and keeping in force such traWic,, parking restrictions, and highway street use, ordinances or regulations, such failure will disqualify Municipality from *future federal aid partici- ation on any project for which the Municipality has maintenance responsibility. Asa -10- YET WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, and the Municipality executes same pursuant to Ordinance Number of the City of Jefferson approved on the,22 day of � �' 19--Zo . Executed by Municipality the a day of 19�. Executed by Commission -Ehe / day of 19__7.L.._.. STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: (SEAL) a - Director of Highways Secretary .APPROVED AS TO FORM: a t f 6 Counsel CITY OF JEFFERSON MISSOURI ATTEST: (SEAL) / Mayor City Clerk APPROVED AS TO FORM: City Attorney