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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. - 2 - 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.. - 3 - 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, - 4 - - 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. • - 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. 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 - 6 - 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