HomeMy Public PortalAboutORD09127 i
BILL N0. c,?�,
INTRODUCED BY COUNCILMAN
ORDINANCE NO. '71,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE AN AGREEMENT
WITH THE MISSOURI STATE HIGHWAY COMMISSION FOR THE RECONSTRUCTION
OF ROUTE NO. 179,
BE IT ORDAINED BY THE 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 an Agreement with the Missouri State Highway Commission
for the reconstruction of Route No. 179, North of Industrial
Drive to U. S. Route 50.
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 the date of its passage and approval.
Passed 1� �g��_ Approved
Pr sident
OA&h
Council fiy
Attest
City Clerk
r
5
3 ,
JAY B. DILLINGHAM, Chairman MISSOURI ROBERT N. HUNTER,Chief Engineer
R 926, Ltvestock Exchange Bldg. HIGHWAY AND TRANSPORTATION COMMISSION
160 Gepesee
'Kansas City 64102 BRUCE A. RING.Chief Counsel
ROY W. JORDAN, Vice Chairman L. V. MCLAUGHLIN,Asst. Chief Engineer
7635 Forsyth Blvd.
Clayton 63105
A. CAI Member
�.:- m3 MRS. IRENE WOLLENBERG,Secretary
adrid 63869 P. 0. Box 270
ROY H. GOODHART, Member Jefferson City, Missouri 65102
P. 0. Box 877 Telephone (314) 751-2551
Hannibal 63401
CARL E. YATES,Member
1436 South Glenstone
Springfield 65804 District No. 5
EUGENE J. FELDHAUSEN, Member Jefferson City, Missouri
Suite 430
10920 Ambassador Drive March 6, 1980
Kansas City 64153
SURVEYS AND PLANS: Route 179, Cole County I
Nro Industrial Drive to U.S. 50
Job No. 5-U-179-139
Urban Agreement
® Miss ihen
City r
City. 1
Jefferson City, MO 65101
Dear Miss Tihen:
As requested we are sending you a Xerox copy of the signed agreement
covering the above-mentioned highway project. We have also attached
a copy of the letter by which we originally forwarded two copies of
this agreement to Mayor Hyder.
Very truly yours,
Z�. �./Jeyyer
District Enginee
Attachment
District No. 5
Jefferson City, Missouri
August 23, 1978
SURVEYS AND PWS: Urban Agreement It
City of Jefferson City .
Route 179, Cole County
North of Industrial br iie:- o
-U.S.. Route 50
• Job No. 5-U-179 7�139.,
The Honorable Robert L. Hyder : • ..•
SMayor, City of Jefferson
City Hall Building '..f
240 East High Street -
Jefferson City, " Missouri . 65101
Dear Mayor Hyder:
Attached are two copies of an agreement which has been executed
by the City of je,ffersor�_ and the State Highway Commission. One
f copy is for� your file andthe other to facilitate compliance
with Section 432.080, ;-RSMo 1969.
We thank you, for .your' ,cooperation in this matter.
Very truly yours,
R. H. Lahmeyer
District Engineer
Attachments
Route 179, Cole County
Job No. 5-U-179-139
Urban Agreement I
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 City, Missouri, a municipal corporation, hereinafter called "City,"
WITN ESSETH:
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 179, Cole County, Job No.
5-U-179-139, shall consist of the acquisition of necessary right-of-way, grading, surfacing with
a high-type pavement of variable widths, adjustment of utility facilities, construction of drainage
structures, maintenance, and other incidental work as necessary.
® 2. The improvement within City is located as follows:
Beginning at Station 12+2634, a point 430 feet south and 360 feet
east of the northwest corner of the southwest quarter of the
southeast quarter of Section 34, Township 45 North, Range 12 West,
run in a generally southwesterly direction on new location to Station
13+68, a.point 1,000 feet south and 80 feet east of the northeast
corner of the northeast quarter of the northwest quarter of Section
10, Township 44 North, Range 12 West, at Country Club Drive,
all within the limits of the City of Jefferson. Total length is 1.165
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.,
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 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 by purchase
or by condemnation in the name of the State of Missouri, any necessary right-of-way required
for the construction of the improvement. City shall be responsible for all costs occasioned by
right-of-way acquisition. City shall pay the agreed upon purchase prices to the grantors of all
right-of-way acquired by purchase. Should condemnation be required, City shall pay into the
�. court's registry all commissioners' awards and judgments in favor of all condemnees. City shall
reimburse Commission for all costs incurred by Commission for appraisals, negotiations,
condemnation, and court costs associated with the acquisition of right-of-way for Job No.
® 5-U-179.139. The parties hereto understand that this provision does not apply to the land in
the proposed path of Route 179 which is owned by the Missouri Department of Conservation,
the acquisition of which shall be governed by an agreement among the parties hereto and said
Department which is dated October 28, 1977,
7.. Commission and City shall cooperate to secure the temporary or pennanent
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 private
utilities located upon private easements, and City shall reimburse Commission for all costs incurred
by Commission in association therewith.
9.. City shall move, adjust, or alter all City-owned utilities necessary to accommodate
construction of this improvement at no cost or expense to Commission.
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10.. 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.
11. 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.
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
t Commerce Commission or the Public Service Commission of Missouri required to permit the
construction and maintenance of said highway.
14. 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..
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IS. 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.
16. 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.
17. 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.
i
18. 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.
19. 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,
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- signs and markings which will permit the movement of traffic in accordance with accepted traffic
regulation practices.
20_ 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.
21. 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.
22. 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.
® 23. 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 hereto have caused this agreement to be executed
by their respective officers and the City executes same pursuant to Ordinance No. 9Ign ,
4-9
® of said City, approved on the o?0- day of T�e 197S .
Executed by City the aO day of 197_
Alp
Executed by Commission the day of c' 197 .
STATE HIGHWAY COMMISSION OF MISSOURI
ATTEST: (SEAL) By `
Chairman
Ccretary,
APPROVED A-S-TO FO"'.
Counsel
CITY OF JE N CITY, ISSOURI
ATTEST (SEAL) By
Mayor
G' Clerk
APPROV AS TO FOR
City to ey
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k"•"""t�' vie.
EXHIBIT A
Contra•l.t Between a
STATE HIGHWAY COITNIISSION OF MISSOURI V
-and-
CITY OF JEFFERSON CITY, MISSOURI
Job No. 5-U-179-139, Cole County .
� � •• U
p `N
.
lu
vices
to
°o� cF r_u
'— C4tJ43 DR. �,�••""
1
JAY B. DILLINGHAM, Chairman
MISSOURI ROBERT N. HUNTER, Chief Engineer
Rm, 926, Livestock Exchange Bldg. STATE HIGHWAY COMMISSI014
1600 Gewsee
Isinsas City 64102 BRUCE A. RING, Chief Counsel
JACK CURTIS, Piet, Chairman
750 N. Jefferson
Springfield 65802 L. V. MCLAUGHLIN, Asa,t. Chief Engineer
A. C. EY, Member
70 Is
Ne drid 63869 MRS. 1RENE WOLLENBERG, Secretary
ROY W. JORDAN, Member
100 N. Broadway
St. Louis 63102 Jefferson City, Missouri 65101
Second St.Member District No. 5 Telephone (314) 751.2551
2801 South Second
DANIEL W. D Jefferson City, Missouri
St. Joseph 64503 April 28, 1978
ROY H. GOODHART, Member
Commerce Bank of Hannibal
Huck Finn Shopping Center
Hannibal 63401
SURVEYS AND PLANS: Urban Agreement
City of Jefferson City
Route 179, Cole County
North of Industrial Drive to
U.S. Route 50
Job No. 5-U-179-139 r ��
J'`1
Honorable Robert L. Hyder
Mayor, City of Jefferson
City Hall Building
240 East High Street
Jefferson City, Missouri 65101
Dear Mayor Hyder:
Enclosed are seven (7) copies of an agreement which covers a section of
Route 179 reconstruction which falls within the City Limits of Jefferson
City.
The type of agreement is necessary whenever the limits of any highway
project fall within the urban limits of a city. The purpose of such an
agreement is to define the responsibilities between the State Highway
Commission and the incorporated city.
We would appreciate having six (6) copies of the agreement completed with
the signatures of the Mayor and City Clerk, affixation of the City seal
and date of execution returned to this office for Commission action. The
contracts should be accompanied with two copies of the City's enabling
legislation, authenticated by the City Clerk. The extra copy of the
agreement is for your use.
After execution by the Highway Commission, we will return one copy for
your files. We are presently developing plans for this improvement and
will be pleased to discuss them with you at any time.
Very truly yours,
CfH. e
trict nee
Enclosures