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.
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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.
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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
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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.
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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
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