HomeMy Public PortalAboutORD09496 BILL NO.
INTRODUCED BY COUNCILMAN t1LlJ
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK OP' THE CITY TO EXECUTE
A WRITTEN URBAN AGREEMENT WITH THE MISSOURI STATE HIGHWAY
COMMISSION FOR THE SOUTHWEST BOULEVARD INTERCHANGE.
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 an urban agreement with the Missouri State Highway
Commission for the Southwest Boulevard Interchange.
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 its passage and approval.
Passed:
2Z2=.4cd
Approved:_ �D
Presi ent of the ouncil ayor
Attest
ity C e
Route 54, Cole County
Southwest Boulevard Interchange
Job No. 5-U-54-182
Urban Agreement
Jefferson City, Missouri
CONTRACT
This Agreement, made and entered into by and between the State of Missouri, acting
by and through the Missouri Highway and Transportation Commission, 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 as Route 54, Cole County, Job No. 5-U-54-182,
shall consist of grading, widening, surfacing with a high-type pavement in a width of 60 feet,
adjustment of utility facilities, construction of drainage facilities, lighting, traffic signals,
maintenance, and ,other incidental work as necessary.
2. The improvement within City is located as follows:
Beginning at Station 25+00, a point 378 feet north and 566 feet
east of the southeast corner of the northeast quarter of the
northwest quarter of Section 24, Township 44 North, Range 12
West, then in a northwesterly direction along Ellis Boulevard to
Station 18+50, a point 123 feet north and 172 feet west of the
northwest corner of the northeast quarter of the northwest quarter
of Section 24, Township 44 North, Range 12 West.
The length of the improvement is 0.464 mile.
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
an 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 pennanently 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 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.
7. No acquisition of additional right-of-way is anticipated in connection with Job
No. 5-U-54-182 or contemplated by this agreement.
8. Commission and City shall cooperate to secure the temporary or pennanent
AML
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.
9. It is understood and agreed by and between the parties hereto that no city-owned
utility facilities will require relocation or adjustment in connection with this improvement, but
that should utility facilities be discovered at any time during development or construction of
this improvement, relocation or adjustment of the same will be done and performed pursuant
to supplemental agreement.covering the subject, and in accordance with Commission policy then
in effect on division of costs for adjustment of utility facilities.
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
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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
Ask
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.
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 muriicipal 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. 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
Sright-of-way or the removal of snow other than the machine or chemical removal from the traveled
portion of the highway.
16. 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.
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17. 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.
18. 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.
19. 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.
® 20. 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.
21. 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.
of said City, approved on the X/ day of 198 v .
Executed by City the y r� day of S ,S A r2 rr lezza , 198 0
Executed by Commission the _�'`� day of17:
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
•ATTEST: (SEAL) By
Chairman
-Secretary .
APPROVED AS TO FORM:
Counsel
CITY OF JEFFERSON CITY, MISSOURI
ATTEST: (SEAL) By
May
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EXHIBIT A
Contract Between
STATE HIGHWAY COXXTSSION OF MISSOURI
• -and-
.,
CITY OF JE7FFI1S02d, MISSOURI
Job No. 5-U-54-1829 Cole County