HomeMy Public PortalAboutORD08848 f?
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ii BILL NO. l�
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yINTRODUCED BY COUNCILMAN
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ORDINANCE N0.
IAN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON TO EXECUTE A i
ii CONTRACT WITH THE MISSOURI STATE HIGHWAY COMMISSION FOR THE. IMPROV3-
� MENT OF THE BUSINESS ROUTE 50 (MISSOURI BOULEVARD) FROM ROUTE 50-
� 63 TO HOWARD STREET.
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
t
SECTION 1. The Mayor and the City Clerk of the City are here
® by authorized and directed to execute a contract with the Missouri
State Highway Commission for the improvement of Business Route 50
(Missouri Boulevard) from Route 50-63 to Howard Street.
SECTION 2. The contract shall read in words and figures as
follows:
(Attached hereto and made a
part hereof as though fully
!: set forth herein. )
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SECTION 3. This ordinance shall take effect and be in force
from and after its passage and approval.
Pass Approved
,fJ
e Met oT Council o
Attest:
C: ty le k
i
I
City of Jefferson
Route 50138, Cole County
Job No. 5-U-50BR-10
Job No. 5-X-SOBR-10
Urban Agreement
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
performed by the parties hereto, it is agreed as follows:
1. The public improvement designated as Job No. S-U-SOBR-10 and Job No.
5 X-SOBR-10 by Commission and contemplated by this agreement shall consist of the acquisition
of necessary right-of-way, grading, widening, surfacing or resurfacing with a high-type pavement
sixty feet in width, utility adjustments, drainage facilities, lighting, traffic signalization,
maintenance, and other incidental work as necessary on Business Route 50. Also included will
be a right-turn lane from Route 50.63 onto Business Route 50. The improvement is 1.0 mile
in length and is located in the City of Jefferson, County of Cole, Missouri.
2. The improvement within City is Iocated as follows:
Beginning at Station 5+14.50, a point where the centerline of present
Route 50BR intersects the centerline of Routes 50 and 63, at Station
16+95.25, thence running in a generally westerly direction along
existing Business Route SO to Station 57+92.95 Bk = 58+00.00 Ah.,
a point 219 feet easterly of Howard Street and 1,110 feet north and
1,487 feet east of the southeast corner of the Northeast Quarter of
Section 11, Township 44 North, Range 12 West.
Total length of improvement within City is 1.000 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. 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 p;irchase 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 construction of the
improvement 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.
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
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• by Commission of seven copies of a bill fox 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. 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.
11. City agrees that any installation, removal, relocation, maintenance or repair of
public or private utilities involving work within liigbway 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.
12. Commission will, at its cost and expense, install, operate and maintain basic lighting
at the signalized intersections along the improvement site. City shall be responsible for the
adjustment and maintenance of the existing lighting beyond the limits covered by the basic lighting
of the aforementioned signalized intersections. The construction, installation and maintenance
® of any other or further 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, and
to the extent deemed warranted by Commission, at the time of any installation.
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13. The installation, operation and maintenance of all necessary traffic 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 lights, signals, signs
or devices on said highway or on intersecting streets and highways at any point where they intersect
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this highway without approval of Commission.
. 14. Commission shall secure any necessary approvals or permits from the Interstate
Commerce Commission or the Public Service Commission of Missouri required to permit the
construction and maintenance of said highway.
15. Said portion of state highway contemplated herein shall be a limited access highway
where the right-turn lane from Route 50-63 onto Business Route 50 is to be constructed. Rights
of access between said portion of highway and abutting property shall be procured and the cost
thereof classified as right-of-way cost and paid for 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 Commssion and the Federal Highway Administration.
16. 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.
17. 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.
18. 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.on State right-of-way to drain the highway),city-owned utilities
witlrin the right-of-way or the removal of snow other than the machine or chemical removal
from the traveled portion of the highway.
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19. Commission will construct drainage facilities along the improved project. City shall
be responsible for receiving and disposing of storm and surface water discharged from those
drainage facilities which Commission constructs within the limits of highway right-of-way to the
extent of the City's authority and control of the storm sewer facilities or natural drainage involved.
City shall construct, in this regard, a drainage structure south of Business Route 50 from the
Ohio Street intersection.
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 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 t1us 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
any part of the area of 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 approval of the Federal Highway
Administration, and is further subject to the availability of Federal and State funds for this
construction.
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IN WITNESS WHEREOF, the parties licreto have caused this agreement to be executed
by their .respective officers and the City executes same pursuant to Ordinance No.
of said City, approved on the of 1!�� i z 197
CAL
Executed by City the day of c1(�rx�, 19%, .
Executed by Commission the l �� day of /"�-;;,�-�'�i 197r .
STATE HIGHWAY COMMISSION OF MISSOURI
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ATTEST: (SEAL) By
Chairman
® Secretary
APPROVED AS TO FORM:
Counsel
CIT'1' OFD FFERSON, ISSO I
ATTEST: (SEAL) By
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C' y Clerk
APPROVED AS TO FORM:
-__ire �;� , .� •-�-L.
City Attorney
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M/CH/G/1 N ' . T EXHIBIT. A
Contract Between
0f//0 sr. STATE HIGHWAY COMI-IISSION OF MISSO'J_z.I
-and-
CITY OF JEFFERSON, MISSOURI
Job No. 5-U-50BR-10, Cole Count_:
Job No. 5-X-50BR-10, Cole Count_
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