Loading...
HomeMy Public PortalAboutORD08695 ' rlrl�y r • BILL NO. lr,� INTRODUCED BY COUNCILMAN ORDINANCE NO. ��pa AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A i WRITTEN AGREEMENT WITH THE MISSOURI STATE HIGHWAY COMMISSION RELATING TO THE ROUTE 54 & 63 INTERCHANGE IN CALLAWAY COUNTY. 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 i 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 Route 54 & 63 interchange in Callaway County, within Jefferson City. 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 . i' Passed : i9 ��_ Approved: Pr ident of the Council N� y r % i !; 1 �i ATTEST: 4i ! j City C rk r; r i i i .: i ® Route 63, Callaway County N/O Co. Line to U.S. 54 Job No. 5-P-63-20 Route 54, Callaway County U.S. 63 to 0.5 M. S/0 Rte. 00 Job No. 5-P-54-1 Urban Agreement a� 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, a municipal corporation, hereinafter called "City," WITNESSETH: In consideration of the mutual covenants contained herein, to be faithfully kept and Ah performed by the parties hereto, it is agreed as follows: 1. The public improvements designated as Route 63 and Route 54, Callaway County, Missouri, Job Nos. 5-P-63-20 and 5-P-54-1, shall consist principally of the acquisition of needed right-of-way, grading, surfacing with a high type surface two pavements each 24' in width for the Route 63 improvement and one pavement 24' in width for the Route 54 improvement, the adjustment of utilities, the construction of drainage facilities, installation of lighting and traffic signals, and other incidental work and maintenance of a portion of the aforesaid State Highways within the City of Jefferson. Also incorporated in the above mentioned projects will be an interchange depicted by Exhibit A, attached hereto and made a part of this agreement. The State Highway Commission will close three entrances under the above mentioned project. The entrances to be closed are located as follows: a. Station 83+00, existing Route 54, field entrance left. b. Station 83+00 existing Route 54, 24 feet S.R. crossing over right. c. Station 96+50 existing Route 54, 24 feet S.R. approach left. Access for entrances a and c will be provided by building a service road in entrance c south of existing Route 63. No access for entrance b will be provided. 2. The improvement within City is located as follows: Route 63 - Beginning at Station 747+65, a point 797 feet east and 890 feet south of the center of Survey 2622, Township 44 North, Range 11 West; thence run in a generally easterly direction along the centerline of median of Route 63, crossing over the M.K.&T. ® Railroad Spur and over Route 54 to Station 780+66.43 a point 989 feet east and 595 feet north of the southwest corner of Section 10, Township 44 North, Range 11 West, where the improvement ends. Route 54 - Beginning at Station 68+45, a point 900 feet west and 227 feet north of the southeast corner of Survey 2622, Township 44 North, Range 11 West; thence run in a generally northerly direction, crossing under Route 63 and over the M.K.&T. Railroad to Station 893+00, a point where the centerline of the eastbound lane intersects the north limits of the City. The length of the improvement within the City on Route 63 is approximately 0.625 miles and on Route 54, 0.675 miles. 3. This agreement shall apply only to the portion of the improvement lying within the city limits as they exist on the date this contract is executed by City. 4. The general location of the public improvement contemplated herein is shown on attached sketch marked Exhibit A and made a part of this agreement. The detailed location of the improvement is shown on the plans prepared by Commission for the above-designated route and project. S. 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. 6. 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 improvement and street connections therewith and shall indemnify and save harmless from any damages or claims for damages as a result of such grade changes or establishment of grade. 7. Upon approval of all agreements, plans and specifications by Commission and the Federal Highway Administration, Commission will file copies of said plans in the offices of the City Clerk of City and the County Clerk of aforesaid County and 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. _ 2 _ Li 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. In cases of public utilities owned by City which must be moved,adjusted or altered to accommodate construction of this improvement and such city-owned utilities, poles, wires, conduits and pipes are located within the present city limits and located on an existing city street, not state highway right-of-way but being taken over hereunder by the Commission as a part of its highway right-of-way, City will perform the necessary removal, adjustment, alterations and relocation, and Commission will reimburse City therefor except as hereinafter provided. City shall perform the removal, adjustment, alterations and relocation in accordance with the detail plans, estimates of costs and bills of materials prepared by City in accordance with Policy and Procedure Memorandum 30-4 issued by the Federal Highway Administration, dated June 29, 1973, and any revision thereof, and approved by Commission's District Engineer, and shall perform all work and keep the records of the cost thereof in accordance with said Policy and Procedure Memorandum and revisions thereof. Upon the completion of any such work and on receipt by Commission of seven copies of a bill for the actual costs incurred by City in making any such removal, adjustment, alteration and relocation,Commission shall reimburse City for the actual cost thereof necessitated by construction of this public improvement. Commission's obligation toward the cost of any such removal, adjustment, alteration and relocation shall extend only to those costs incurred in accordance with said Policy and Procedure Memorandum and its revisions. 10. 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. 11. Said portion of state highway contemplated herein shall be a limited access highway and rights of access between said highway and abutting property shall be procured and the cost thereof classified as right-of-way cost and paid for by Commission in the same manner as provided herein for the payment of other right-of-way costs. Only such rights of ingress and egress shall be allowed as indicated on the plans approved by the Commission and the Federal Highway Administration. - 3 - 12. 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. 13. Upon completion of the acquisition of the necessary right-of-way,Commission shall construct said highway in accordance with final detailed plans approved by the Federal Highway Administration (or as they may be changed from time to time by Commission with the approval of the Federal Highway Administration) at such time as federal and state funds are allocated to the public improvement in an amount sufficient to pay for the Federal and State Government's proportionate share of construction and right-of-way costs. The obligation of the Commission toward the actual construction of said public improvement shall be dependent upon the completion of plans therefor in time to obligate federal funds for such construction, upon approval of said plans by the Federal Highway Administration, upon the award by the Commission of the contract for such construction, and upon the approval of such award by the Federal Highway Administration. 14. Except as herein provided, upon completion of the public improvement, the Commission will 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 drain the highway), 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. 15. Commission will construct drainage facilities along the improved project and may uae 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. 16. 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 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. - 4 - 17. 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. 18. Fince 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 any part of the area of the highway right-of-way within the limits of the improvement. 19. 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. 20. This agreement is entered into subject to the approval of the Federal Highway Administration, and is further subject to the availability of Federal and State funds for this construction. - 5 - i 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 No. of said City, appro�, .1, on the 19�' day of MpVe,,,6-- 197q. Executed by City the q tL day of 0m L4., 1974. y �_ y ,t c2��- .L, Executed b Commission the � day of � 197 STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: ( ,SAL) By Chairman Secretary APPROVED AS O FORM; c Counsel CITY OF JEFFER9QN CITY, MISSOU ATTEST: (SEAL) By ull Mayor T Clerk APPROVED AS TO FORM: City Attorney - 6 - to Nj lb � x ti• }G• o x 144x}40 II , 00 To �pKRNE kol) on 00. �, '�` '�-•--� � .� \_. CAL L A v►!F�Y—CQ'•�. '--' • --- Ca�E CO. ' EXh'l f31 T H CONTRACr CE''WEEAI STATE 141CfIW/bY C0MAI 1.5510N 0r Mi.55oae "WD CI TY of --lEFFE2,v OA/, M/.5zovR/ Jo a ,vo 5-P- 65-eQ e JUB A1o. 5-rte-.54-i CAL L AW19Y C04JAI T Y