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Home My Public Portal AboutORD08551 BILL NO. ?/ INTRODUCED BY COUNCILMAN ORDINANCE N0. a�73 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 RELATING TO THE OPTICOM SYSTEM INSTALLATION. 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 relating to the Opticom System Installation. 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: J -2, / 2 7 3_, Approved: zfa rte_. A `djA t t e ounci l i ATTEST: �I city C I r — 01-A.-I.com 1-,elll • L, 13 1 50 (1-10. 131 v d . Blvd. Cole County mad(� into by and between the State of' Milosollr:1- 3 riot.-ijiL, by and throuLrh the State Highway Commlo,,,ion of Missotlr.i , hevoin call((( "Comr.-iisL;1on , " and the City of Jefferson City , a munioipa]. corporati.on, within the County of Cole , state of hercin called "City, WITIM'.3SETIi: CorriTflisc,lon owns and operates traffic signals at the intersection of Business Route 50 (Missouri Boulevard) and Southwest Boulevard, within the city limits of Jefferson City . City desires to install an Opticom System, the purpose of Which is to allow emergency vehicles when iiecess-ary to pre-erupt the signals at the intersection. Commission is willing to permit the installation of the . Opticorri System under the terms and conditions hereinafter- set out . In conolde-ilation of the iriutLial covenants and promises herein contained, to be faithfully kept and performed by the parties; hereto, it is agreed as follows : 1 . City will at its cost and expense and at no cost or expense to Commis.,,ion ln.,;tall an Opticoj-.i Sy.sterr► of a type approved by Comm.insioii at the intevs-ection of Businc—is Route 50 (Missouri 13oulr.Vard ) '111d SU11thwc.-.t Bloulevard, :.aid Installation to be in w. I accomplished cordl'alc-,-, wA th j-?re:.,,ei0*, ei Stai dard.,; and accomplish by t) contl-ucloov acq U i 1:-(-!d by City 'who is acceptable to cor[11r11ssion . 2 . -tly by the right to att,,i-ch the control. III(-,chti'll.l..",Ili,; to the of Coml&a.11.sFion1s control cabinet or serv.-Lco pole In acc op(,lull c(? the terl,,is of said permit . However, the Opticom '.VlAolil cont rol mechan].:3m-1 In any event must be contained in a separate housing; provided by City . 3 . City will subniI.t to Commission' s District Engineer at District 5 in Jeffer-901, City PlWIS for review and approval by Commission ' s said District Engineer and Cfty agrees not to begin installation until the aforesa-id installation plans are approved by Commission ' s District Erq),incer. 11 . Maintenance of the Opticom System shall be. at City 's cost and expense . 5 . City agrees to indemnify and hold Commission harmless from any damages or claim,,; for damaL',-c,,3 resUjtil)tr from the installation and malfunction of operation of the Opticom System. 6 . City agrees to pay Cornmis.sion within 30 days of billing any expense incurred by Commission resultingr from any repairs , modif'I cations or :improvement,-, to Corrimis;*3ionls signal at the aforesaid intersection which r(,,,,ult from the Opticom System installation. Should future modifications or physical improvements at this intersection require adjustment or modification of or change in any manner to City 's equipment the costs thereof will be assumed by City . -2- 7. Commission reserves the right to require the removal of the Opticom device by City within 30 days after receipt of written notification from Commission 's District Engineer at any time when in the opinion of Commission's District Engineer, District 5 , the device becomes detrimental to the operation of the Commission's signal installation -at the aforesaid intersection or detrimental to the operation of traffi.c operation and control of traffic at the aforesaid intersection. 8. City reserves the right to remove the Opticom System . from the above location at its discretion but only subsequent to providing 30 days ' written notice to Commission's District Engineer in Jefferson City and subsequent to having obtained a permit from Commission' s District Engineer describing the work to be done. 9 . City agrees to pay for the expense of the operation and maintenance of the Opticom System. City may obtain the power to operate the Opticom .System from the primary side of Commission's control or power supply, however, City 's Opticom System will be separately fused. Aft IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their proper respective officers and City executes same pursuant to Ordinance No. �Cj of said City, approved on the day of _, 197,1-. _g_ Is c1.1Lc.d by oil tho as � (law of ---- � 197--- E'Xccutcld by City the �' day of ��y____— ' 197-3 . S`T'A'.CI' IITGIIWAY COMMISISION OF MISSOURI Af Chairman �3ccrut.:l.l"y AP ' ED AS T FOR!,]: Counsc Am CITY. OF EFFERSON CIT MISSOURI ATTEST: (SEAL) Mayor City Clerk APPROVED AS TO FORM: City Attorney ® k _Ji_ 6Q I ,P Jefferson City Opticom System Bus. Rte. 50 (Whitton Expressway) and Broadway Cole County FIRST SUPPLEMENTAL OPTICOM SYSTEM AGREEMENT WHEREAS, on April 9, 1973, the City of Jefferson, Cole County, Missouri, hereinafter called "City," executed a contract concerning installation of an Opticom System at Business Route 50 and Southwest Boulevard, with the State Highway Commission of Missouri, hereinafter called "Commission"; and WHEREAS, the City and Commission desire to amend and supplement said contract by changing the location of the installation of said Opticom System; NOW THEREFORE, In consideration of the mutual covenants and promises herein contained it is agreed that the contract concerning the Opticom System is hereby amended and supplemented as follows: I. City will at its cost and expense and at no cost or expense to Commission install an Opticom System of a type approved by Commission at the intersection of Business Route 50 (Whitton Expressway) and Broadway Boulevard, said installation to be in accordance with present Commission's standards and accomplished by a contractor acquired by City who is acceptable to Commission. 2. Commission grants City by permit the right to attach the control mechanisms to the exterior of Commission's control cabinet or service pole in accordance with the terms of said permit. However, the Opticom System control mechanisms in any event must be contained in a separate housing provided by City. 3. City will submit to Commission's District Engineer at District 5 in Jefferson City plans for review and approval by Commission's said District Engineer and City agrees not to begin installation until the aforesaid installation plans are approved by Commission's District Engineer. 4. Maintenance of the Opticom System shall be at City's cost and expense. 5. City agrees to indemnify and hold Commission harmless from any damages or claims for damages resulting from the installation and malfunction of operation of the Opticom System. 6. City agrees to pay Commission within 30 days of billing any expense incurred by Commission resulting from any repairs, modifications or improvements to Commission's signal at the aforesaid intersection which result from the Opticom System installation. Should future modifications or physical improvements at this intersection require adjustment or modification of or change in any manner to City's equipment the costs thereof will be assumed by City. 7. Commission reserves the right to. require the removal of the Opticom device by City within 30 days after receipt of written notification from Commission's District Engineer at any time when in the opinion of Commission's District Engineer, District S, the device becomes detrimental to the operation of the Commission's signal installation at the aforesaid intersection or detrimental to the operation of traffic operation and control of traffic at the aforesaid intersection. 8. City reserves the right to remove the Opticom System from the above location at its discretion but only subsequent to providing 30 days' written notice to Commission's District Engineer in Jefferson City and subsequent to having obtained a permit from Commission's District Engineer describing the work to be done. 9. City agrees to pay for the expense of the operation and maintenance of the Opticom System. City may obtain the power to operate the Opticom System from the primary side of Commission's control or power supply, however, City's Opticom System will be separately fused. 10. It is agreed that at a later date mutually acceptable to City and Commission, Commission may, at its sole discretion allow City to install other opticom systems on Commission owned right-of-way. However, any such future installations must be approved on an individual basis. 11. Except as modified or supplemented herein, the original Contract concerning the Opticom System shall be and remain in full force and effect. - 2 - ' IJ IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their proper respective officers and City executes same pursuant to Ordinance No. gaa' of said City, approved on the day of = 1973 Executed by Commission the day of 1973 Executed by City the ;��A day of 7`m"�-------' 197,3 STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: (SEAL) 5L Chairman Secretary APPROVED AS TO FORM: Counsel CITY OF J FFERSON CITY, MIS RI ATTEST: (SEAL) Mayer ity Clerk APPROVED AS TO FORM: City Attorney Y - 3 -