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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 _ 2 . 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. - 3 - 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. . 4 - r 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 "o�/_X_� 51 -151 zelo-Ij ty �/ C APPROVED S TO FORM: ® Off y tt ney - 5 - • �-" �91n • We NWa NE'Q 5cc- .Z¢ r-00 N le 4a W I t� E.� • D ���e ` IvE¢Nwa sec 24 sec W T4¢N f/zw c • Chr-isf �-a _ v SIZ SE-9 S W a Sic 13 r.90// If 12 W S free Nofe The enlh-e Coro j ec f is w11171r) fhe c;/y lliniI6 e Nw4f Al W4 5e z¢ of ,Te'{ice'r.5on r 4,o i✓ zz w So411hri, �;e .Dr RIC. C 5o�kh len pl-o,j e e EXHIBIT A Contract Between STATE HIGHWAY COXXTSSION OF MISSOURI • -and- ., CITY OF JE7FFI1S02d, MISSOURI Job No. 5-U-54-1829 Cole County