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BILL N0. x.9/0/vv
INTRODUCED BY COUNCILMAN
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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)
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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 :
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City C, rk
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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.
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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.
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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.
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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;
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(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
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(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
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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
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-times during the contract period, and for three years from the
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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
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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
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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.
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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
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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:
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Counsel
CITY OF JEFFERSON MISSOURI
ATTEST: (SEAL)
/ Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney