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