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HomeMy Public PortalAboutORD08972 0 l)3ILL NO. NTRODUCED BY COUNCILMAN ' J ORDINANCE NO. 7.7 N ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING HE MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON TO XECUTE A CONTRACT WITH THE MISSOURI STATE HIGHWAY COMMISSIO OR THE IMPROVEMENT OF BUSINESS ROUTE 50, EAST OF U. S. ROUTE 0 WEST JUNCTION, TO WEST OF DIX ROAD. E IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, S FOLLOWS: SECTION 1. The Mayor and the City Clerk of the City are hereby �uthorized and directed to execute a contract with the Missouri State Highway ® ommission for the improvement of Business Route 50, east of U. S. Route 0 West Junction, to west of Dix Road. 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. ) SECTION 3. This ordinance shall take effect and be in force from nd after its passage and approval. assed:.. /q ? 17 Approved: President 6f d_C;1° d1 ttest: ity Clerk { • r ' Route 50 BR, Cole County East of U.S. Route 50 West Junction to West of Dix Road Job No. 5-U-50BR-19 Urban Agreement 7 Jefferson City 6 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 City, 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 Route SOBR, Cole County, Job No. 5-U-SOBR-19, shall consist of the acquisition of right-of-way, grading, widening, surfacing with a high-type pavement in widths varying between forty-eight feet and sixty feet, adjustment of utility facilities, drainage facilities, maintenance, and other incidental work as necessary. `l. The improvement within City is located as follows: Beginning at Station 77+64 a point on the centerline of present Route SOBR, 509.5 feet westerly of Dix Road and 1147.3 feet north and 509.5 feet west of the southeast corner of the Northeast Quarter of Section 11, Township 44 North, Range 12 West, run in a generally westerly direction along existing Route 50BR to Station 125+50, a point 87 feet south and 355 feet east of the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 11, "Township 44 North, Range 12 West. Total length within City is 4`186 feet. 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. 5. 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 tile: l,roject in accordance will► the detailed plans Wl►er►evet it is dl'O11►eJ uut:c,aMy by the Commission to close any street or toad 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 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. 7. Commission and City shall cooperate to secure the temporary or peiniar►ent 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 tiu; i.mprovernent 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 tile, present city limits and located on an ex►:,ting 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 19, 1973, and any revision thereof', and approved by Commission's District Engineer, and shall perfoirn all work and keep the records of the. cost thereof in accordance with said Policy and Procedure 0 Memorandum and revisions thereof. Upon the completion of any such work and on receipt by Commission of seven copies of a bill f'or 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 Lily 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 highway 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. Others bit)c will adjust, alter, and maintain at no cost whatsoever to Commission, the existing lighting system on the public improvement covered by this agreement. 12 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 this highway without approval of Commission 13. 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. . 3 14, 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. 15. 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. 1 b. 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. AM VW 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, 17. 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. 18. 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, - 4 signs and markings which will permit the movement of traffic in accordance with accepted traffic regulation practices. 19. 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. 20.. 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 ate 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, 21. 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. 22. 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 - • 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. Q z , of said City, approved on the �3 day of , 19721 Executed by City the Ilk- day of 1977. Executed by Commission the � day of 197Z. STATE HIGHWAY COMMISSION OF MISSOURI ATTEST: (SEAL) By Chairman Secretary APPROVED AS TO FORM: ounsel CITY OF JEFF CITY, MISSOURI ATTEST: (SEAL) By yor Ci Clerk APP AS TO FORM-. C' A 2 r-hey - 6 - Pb/ -va •b ./8�►J IM 3 "J -ya ® 44 . . a L a . � .1 � � 0°1o �' ►s ° � 'v G h U 0 t P ° ' g Va • . � yon � � ti