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HomeMy Public PortalAboutORD08743 f! it f BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. k�� 3 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 ROUTE B RELOCATION. 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 Route B Relocation. SECTION 2 . Said agreement shall read in words and r figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval . Passed : n.,,R4 Approved: / x resident e Council M or Attest : City Cle it f f � A { ' ® Urban Agreement !� Route B, Cole County Ellis Boulevard to South Limits of Jefferson City Job No. 5-U-B-15 7 City of Jefferson 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 B, Job No. 5-U-B-157, shall consist principally of the acquisition of needed right of way; grading; widening; surfacing with a high type pavement, 48 feet in width on Ellis Blvd., and 24 feet in width on Route B, the adjustment of utilities, the construction of drainage facilities, and other incidental work and the maintenance of the portion of the state highway within the City of Jefferson. 2. The public improvement contemplated is located as follows: Ellis Boulevard—Beginning at Station 6+10, said station being 800 feet north and 535 feet west of the southeast corner of the northeast quarter of the northwest quarter of Section 24, Township 44 North, Range 12 West; thence running in a southeasterly direction 0.242 miles to Station 25+69, said station being 335 feet north and 620' east of the southwest corner of the northwest quarter of the northeast quarter of Section 24, Township 44 North, Range 12 West. Route B—Beginning at Station 6+57.32, the point of intersection of Route B and Ellis Boulevard, said station being 425 feet north and 500 feet east of the southwest corner of the northwest quarter of the northeast quarter of Section 24,Township 44 North, Range 12 West; thence running in a southerly direction 0.940 miles to Station 56+22, a point on the south limits line of City, said station being 84 feet east of the southwest corner of the southeast quarter of the southeast quarter of Section 24, Township 44 North, Range 12 West. The lengths of the improvements within City are .242 miles on Ellis Blvd., and .940 miles on Route B. 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. 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. 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. 7. 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. 4 S. Upon approval of all agreements, plans and specifications by Conmission, P Commission shall file copies o f 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. 9. 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 - 10. 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. 11. In cases of public utilities owned by City which must be moved, adjusted, or altered to accommodate constriction 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. 12. 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 alteration, relocation, or adjustment shall be made by the City at its cost. 13. City agrees that any installation, removal, relocation, maintenance, or repair of public or private utilities involving work within the right-of-way icicluded 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 - 3 - 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. 14. 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. 15. 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 Comno.ssion shall so design and construct said highway as to enable it to serve operating necessities and requirements of local and through traffic. 16. Upon completion of the acquisition of the necessary right-of-way, Commission shall construct said highway in accordance with final detail plans (or as they may be changed from time to time by Commission) at such time as funds are allocated to the. public improvement. 17. This highway shall be a normal access highway on Ellis Blvd. from Station 6+10 to Station 22+61. This highway shall be a limited access highway on Ellis Blvd. from Station 22+61 to Station 25+69. This highway shall be a limited access highway on Route B from Station 6+57.32 to Station 56+22. 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. ' 18. 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 storm 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. • 19. 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. 20. 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 - 4 - • 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. 21. 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. 22. 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. 23. 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. 24. This agreement is entered into subject to the availability of funds for this construction. ,Sf f w 5 � f IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officP*s and the City executes same pursuant to Ordinance Number 3 of said City, approved on the - -day of 19? _. Executed by City the . t - day of —, 197-5 Executed by Commission the �� day f y �� � >/ , 197 S. i STATE HIGHWAY COMMISSION OF MISSOURI y ATTEST: (SEAL) By Chairman Secretary APPROVED AS TO FORM: Counsel CITY OF ,EFFERS , MISSOU 1^ ATTEST: (SEAL) B Ma - t Ci y Clerk APPROVED AS TO FORM: City Attorney - 6 - `, ' •�" JEFFERSON CITY �: � rrcccss X\h24 � � 19 • �1.U1L�1��1. Lu ...L �.0�cc.�.� - ��o0 e 25 3 ` OR69C1 s EXHIBIT A ' Contract Between : STATE HIGWAY COWIISSION OF MISSOURI -and- , CITY OF JEFFERSON, MISSOURI