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Home My Public Portal AboutORD08331 f BILL NO. - 1717 INTRODUCED BY COUNCILMAN ' h •• ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A j WRITTEN AGREEMENT WITH THE MISSOURI STATE HIGHWAY COMMISSION. j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, ! MISSOURI, AS FOLLOWS : + SECTION 1. The Mayor and Clark 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 i Commission. SECTION 2. Said agreement shall read in, words and figures as follows : (SEE ATTACHED) SECTION 3 . This ordinance shall take effect and be in j.,force from and after its passage and approval. Passed: Approved: P si ent of. the ,ounci M y r r Attest: City Cl-41- i vii•'. A City of Jefferson Bus. Route 50, Cole County West of Dix Road to East of Southwest Boulevard Job No. 5-•U-SOBR-5 CONTRACT THIS AGREEMENT, made and entered into by and between the State of Missouri, acting by and through the State I3ighway Commission of Missouri, hereinafter called "Commission, " and the City of Jefferson, Missouri, a municipal corporation, here- inafter 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 r bl ; c 4mprovement, desi -nated as Business Route 50, Cole County, Missouri, West of Dix Road to East of Southwest Boulevard, Job No. 5-U-50BR-5, contemplated by this agreement, shall consist of acquisition of any necessary right-of-way, grading, widening, resurfacing of existing 30-foot pavement, surfacing with high type pavement for a total. throughway width of 60 feet, adjustment of utility facilities as required, incidental work, and maintenance, of a portion of a state highway within City. Access to the improved highway shall be partially limited as shown on Exhibit A. 2 . The public improvement contemplated is located as follows: Beginning at Station 58+00, a point 219 feet east of ,s i Howard Street and 1,110 feet north and 1,487 feet east of y 10 the southeast corner of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, thence runs westerly along existing Business Route 50 to station 77+64, a point 1,147.3 feet north and 509.5 feet west of the southeast corner of the Northeast Quarter of Section 11, Township 44 North, Range 12 West. The length of the improvement within City is approxi- mately 0.378 mile. This agreement shall apply only to that portion of the improvement lying within the city limits as they exist on the date on which this contract is executed by City. 3. The general location of the improvement covered by this agreement is shown on the attached sketch marked Exhibit A, and made a part of this agreement. Its detailed location is shown on plans prepared by Commission for the aforesaid route and project. 4. City grants the right to use the right-of-way of pub- lie 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 proj- ect in accordance with the detailed plans. Whenever it is deemed necessary by the Commission to close any street or -2- 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. 5. City shall secure the enactment of such ordinances as are necessary to legally establish grades and changes in grades of streets necessary for the construction of said improvements and street connections therewith and shall in- demnify and save Commission harmless from any damages or claims for damages as a result of such grade changes or es- tablishment of grade. 6 . Upon approval of all agreements, plans and speci- fications by Commission, Commission shall file copies of said plans in the offices of the City Clerk of City and the County Clerk of aforesaid County, and shall thereafter pro- ceed to acquire at its expense by purchase or by condemnation in the name of the State of Missouri, and at no cost or ex- pense to City on this account, any necessary right-of-way required for the construction of the improvement. 7. Commission and City shall cooperateto secure the tem- porary or permanent removal, relocation of adjustment of public utilities or private lines, poles, wires, conduits and pipes lo- cated on the right-of-way of existing public ways as necessary for the construction of that part of the improvement to be con- structed and the cost thereof shall be borne by such public -3- utilities or the owners of said facilities except where City Auk 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. B. Commission shall secure the removal, relocation or adjustment of any public or private utilities located upon private 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 alter- ation, relocation, or adjustment shall be made by the City at its cast. 10. City agrees that any installation, removal, reloca- tion, maintenance, or repair of public or private utilities involving work within the right-of-way included in this proj- ect 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 Dis- trict 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 -4- constructed, including but not limited to driveway connections, except in accordance with the rules and regulations of Commis- sion and only after a permit for the specific work has been obtained from the Commission' s District Engineer or his author- ized representative. City shall enact ordinances necessary to assure compliance with this paragraph. 11. Commission will provide and maintain basic lighting at signalized intersections. City shall be responsible for adjustment and maintenance of the existing lighting beyond the limits covered by basic lighting of the signalized inter- sections. The installation, operation, and maintenance by Commission of any further lighting system on the public improve- ment covered by this agreement shall be only in accordance with the Commission' s policy on highway lighting in effect - at the time of any such installation and only to the extent the Commission then deems warranted. No street lighting system shall be installed or maintained by or for City on the improvement without approval of Commission. 12. The installation, operation, and maintenance of all necessary traffic control lights, signals, signs, and devices on said improvement, including those between said highway and intersecting streets and highways shall be under the exclusive jurisdiction and at the cost of Commission. City shall not in- stall, operate or maintain any traffic control signals, lights, -5- signs, or devices on said highway, or on intersecting streets and highways at any point where they intersect this highway without approval of Commission. 13. Commission shall secure any necessary approvals or permits from the Public Service Commission of Missouri re- quired to permit the construction and maintenance of said highway. 14. It is the intent of this agreement that Commission shall provide, without cost to City, except as otherwise pro- vided 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 neces- sities and requirements of local and through traffic. 15. Upon completion of the acquisition of the necessary right-of-way, Commission shall construct said highway in ac- cordance with final detailed plans (or as they may be changed from time to time by Commission) at such time as funds are al- located to the public improvement. 16. Upon completion of the public improvement, the Com- Ynission shall 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 -6- drain the highways) , 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. 17. Commission will construct drainage facilities along the improved project and may use any existing storm and sur- face water drainage facilities now in existence in the area, and City agrees to accept and dispose of such surface water. 18. 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 ordin- ances 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. 19. No billboards or other advertising signs or devices, or vending or sale of merchandise will be permitted within the Aft right-of-way limits of the project as improved and City will enact such ordinances as are necessary to enforce this paragraph. -7- 20. 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 pre- vent parking upon said highway or anywhere on the highway right-of-way within the limits of the improvement. 21. In the event that City fails, neglects or refuses to enact, keep in force, or enforce ordinances herein speci- fied or enacts ordinances contrary to the provisions hereof, or in any other 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 expendi- ture of further funds for maintenance, improvement, construc•- tion, or reconstruction of the state highway system in said City. 22. This agreement is entered into subject to the avail- ability of funds for this construction. Aakk AZMM -8- �7 IN WITNESS WHEREOF, the parties hereto have caused WA r this agreement to be executed by. their respective officers and the City executes same pursuant to Ordinance No. of said City, approved on the .2,2 day of , 197,,x•„. Executed by City the c` day of 1973 Executed by Commission the day of 197 . STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: (SEAL) 14�awryp By Chairman Secretary APPROVED AS TO FORM: Cealse CITY OF JEFFERSON, MISSOURI ATTEST: (SEAL) (� By 1 \ Mayor City Clerk APPROVED AS TO FORM: City Attorney -9- EXHIBIT A Contract Between STATE HIGHWAY COMMISSION OF MISSOURI �7T -and- CITY OF JEFFERSON, MISSOURI JOB NO. 5-U-50BR-5, COLE COUNTY 75 73.25 —_=0/X ROAD R/W 7/ 58 t'1917a 1,5 c7l Di r ROao/ 0170' sOufhwesl` 70 51V01. /nyei 5cCfions. .ice 2-E MMMP- 0,AIE WAY f041r1-1Wh5 2 — d __�•- _� BECK STREET f.3/.VD. — BBB.8 Bk G5 S�,OAh, 65 _CONRAD STREET vow l � I / / I