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HomeMy Public PortalAboutORD08352 BILL N0. INTRODUCED BY COUNCILMAN ORDINANCE NO. 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 ON ROUTE "C" . 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. on Route "C" . .a SECTION 2. Said agreement shall read in words and figures as follows : (SEE ATTACHED) SECTION 3 . This ordinance shall take effect and be in force from and after its passage and approval. Passed: Approved: / P e ident of the Counc ' Ma Attest: City Cl riz Jefferson City, Missouri Route C, Cole County Project S-169(1) CONTRACT THIS AGREEMENT, made and entered into by and between the State of " Missouri, acting by and through the State Highway Commission of Missouri, hereinafter called "Commission," and the City of Jefferson, 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 C, Cole County, Project S-169(1), contemplated by this agreement, shall consist of acquisition of any necessary right-of-way, grading, surfacing with intermediate type pavement 24 feet in width, drainage facilities, adjustment of utility facilities as required, incidental work, and maintenance, of a portion of a state highway within City. 2. The public improvement contemplated is located as follows: AWL Beginning at station 127+75 a point 10 feet north of the southwest corner of the Southeast Quarter of the Northwest Quarter of Section 23, Township 44 North, Range 12 West, run in a generally northeast direction, on relocation, to the intersection of existing Route C with Ellis Boulevard at station 186+65.95 a point 21 feet south and 1224 feet east of the northwest corner of Section 24, Township 44 North, Range 12 West. The length of the improvement within City is approximately 1.116 miles. 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 acid project. 4. 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. By separate agreement, Commission will upon completion of this improvement, relinquish to City, and City will accept, control and maintenance of those portions of existing Route C within City relocated by this improvement. 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 indemnify and save Commission harmless from any damages or claims for damages as a result of such grade changes or establishment of grade. 6. Upon approval of all agreements, plans and specifications by Commission, Commission shall file copies of said plans in the office of the City Clerk of City and the County Clerk of aforesaid County, and shall proceed to acquire at its expense by purchase or by condemnation in the name of the State of Missouri, and at no cost or expense to City on this account, any necessary right-of-way required for the construction of the improvement. 7. Commission and City shall cooperate to secure the temporary or permanent removal, relocation or adjustment of public utilities or private lines, poles,wires, conduits, and pipes located on the right-of-way of existing public ways as necessary for the construction of that part of the improvement to be constructed and the cost thereof shall be borne by such public utilities or the owners of said facilities except where City 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. - 2 - f . 8. 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. It is understood and agreed by and between the parties hereto that no city-owned utility facilities will require relocation or adjustment in connection with this improvement, but that should such utility facilities be discovered at any time during the development or construction of the improvement, any necessary relocation or adjustment will be done and performed pursuant to supplemental agreement covering the subject, and in accordance with Commission policy then in force on division of costs for adjustment of utilities. 10. City agrees that any installation, removal, relocation, maintenance, or repair of public or private utilities involving work within the right-of-way included in this project 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 District 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 constructed, including but not limited to driveway connections, except in accordance with the rules and regulations of Commission and only after a permit for the specific work has been obtained from the Commission's District Engineer or his authorized representative. City shall enact ordinances necessary to assure compliance with this paragraph. 11. The installation, operation, and maintenance by Commission of any lighting system on the public improvement 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 travel 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 install, operate, or maintain any traffic control signals, lights, signs, or devices on said highway, or on intersecting streets and highways at any point where they interfsect this highway without approval of Commission. - 3 - 13. Commission shall secure any necessary approvals or permits from the Public Service Commission of Missouri required 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 provided 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 necessities 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 accordance with final detailed plans (or as they may be changed from time to time by Commission) at such time as funds are allocated to the public improvement. 16. This highway shall be a limited-access highway. Rights of access from abutting property to the highway shall be procured by Commission and paid for as provided herein for the payment of other right-of-way costs. Only such rights of ingress and egress shall be allowed as are indicated on plans approved by the Commission. 17. Upon completion of the public improvement, the Commission 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 stone sewers (except those storm sewers constructed by Commission to 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. 18. 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. 19. 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 - 4 - ;, 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. 20. 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. 21. 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 anywhere on the highway right-of-way within the limits of the improvement. 22. 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 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. 23. This agreement is entered into subject to the availability of funds for this construction. - 5 - k{7" 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 Number of said City, approved on the day of �.� 1971. Executed by City the day of� Pe-i , 1971. Executed by Commission the/jq& day of Alla V , 1971. STATE HIGHWAY COMMISSION OF MISSOURI ATTEST:' (SEAL) By . ':�2 G Thomas A. David rene of enberg Director of Highways Secretary A ROVED AS TO FORM: Counsel CITY OF JEFFERSON, MISSOURI ATTEST: (CITY) (SEAL) John G. Chesty, ayor Margaret Christian 00 Clerk APPROVED AS TO FORM-----) , 'chael . Riley City Attorney - 6 - IN t (T) 69.T-S 4DOEOag P Y-e - 7 -'(�o'�. ••XIMOSSIW lxosuaadar 3o 2u I0 -put- I2InosSILS 3o uolsslwWOO xVraxolx ssVsP uggmqag K S I SIHxlq ;a •�._ If i • it,' �/ ~ Nj ARMS MW I • mac., z' �.' �,/ � ' r, C'