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Home My Public Portal AboutORD09554 BILL NO. INTRODUCED BY COUNCILMAN 0--,kj ORDTNA.NCV NO-. �- •r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE THE SECOND SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEr4FNT WITH THE MISSOURI STATE HIGH{UAY CO) 94ISSION. 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 the Second Supplemental Federal Aid Urban Program Agreement with the Missouri State Highway Commission. 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: /°/ �7 �l y Approved`: ' r JI esi n o. t e ounce — y r Attest: C ty C Orue A/ Q554 14 -1 City of Jefferson City Project M-3111 (502) SECOND SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEMENT This Second Supplemental Federal Aid Urban Program Agreement, made and entered into by and between the Missouri Highway and Transportation Commission, hereinafter called "Commission, " and the City of Jefferson City, a municipal corporation in-the- State of Missouri, hereinafter called "City, " WITNES SETH: The parties hereto have previously made and entered into a Federal Aid Urban Program Agreement concerning the . allocation and distribution of federal funds for improvement of major city arterial routes in Jefferson City, Missouri, on a share-the-cost basis between the United States Government and the City� of Jefferson City. Said Federal Aid Urban Program Agreement is hereinafter referred to as the 'Original FAUP Agreement. " City desires to construct certain improvements, more specifically described below, under the Federal Aid Urban Program for the City of Jefferson City. Said improvements are to be designed and constructed by City- in compliance with the provisions of the Original FAUP Agreement. Tn consideration of the mutual covenants and promises contained herein to be faithfully kept and performed by the parties hereto and each of them, it is agreed as follows: 1. The improvement contemplated herein, designated as Project M-3111 (502) by the Commission, is located on Stadium Boulevard within the city limits of Jefferson City, Missouri. Amore specific description is as follows: Beginning at Station 41+32.0, a point in the center of Frog Hollow Road and specifically located at a point 640 feet west of the northeast corner of the Northwest Quarter of Section 14, Township 44 North, Range 12 West, thence southeasterly and easterly to Station 87+00.0, a point 200 feet south of •the intersection of Buehrle Drive and Edgewood Drive and being specifically located 720 feet south of the northeast corner of the Northeast Quarter of said 'Section 14. Total length is 0.865 mile. -The general location of Project M-3111(502) is shown on an attachment hereto marked "Exhibit A" which is incorporated herein by reference. 2. Effective upon execution of this agreement, Commission accepts the above described portion of the City street system as part of the State Highway System for the purposes of the aforesaid Federal Aid Urban Program. However, during the construction period contemplated hereunder, a. Commission will asstime no police or traffic control functions riot obligatory upon Commission immediately prior to the executiori of this agreement, .and b. City shall perform or cause to be performed normal maintenance on the project site. 3. Upon completion of construction of the herein • contemplated improvements, City shall accept control and maintenance of the street improved hereunder and shall thereafter -2- keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost. and expense - and at no cost and expense whatsoever to Commission. All obligations of Commission under this agreement shall thereupon cease and terminate. 4. City shall indemnify and save harmless the Commission from damages or claims for damages arising as a proximate result of the negligence of City, its agency, or employees in connection with the herein contemplated improvements. It is the intent of the parties hereto that Commission is to assume no liability for the completion of the herein contemplated improvements; and, if the Commission should expend any funds in connection herewith for which it is not reimbursed by the United States Government, City will reimburse the Commission for same. 5. City shall acquire any necessary right-of-way required for Project M-3111(502) and in so doing agrees to abide by all applicable federal laws, rules, and regulations including but not limited to 42 U.S.C.A. 4601 et seq. , the Uniform Relocation Assistance and Real Property- Acquisition Policies Act of 1970. 6. The cost of the improvements contemplated herein will be borne by the United States Government and by City as provided by the terms of the Original FAUP Agreement except as follows : a. The United States Government is presently participating in at least 75% of the -eligible costs of FAUP Projects, but this ratio may be changed at sometime in the future; -3- b. City may be eligible for reimbursement from the United States Government of up to 100% of the costs incurred by City for traffic control signalization work and for the elimination of hazards at railway-highway crossings pursuant to the FAUP. 7: City shall secure any necessary approvals or permits from the Interstate Commerce Commission and the Public Service Commission of Missouri as required to permit the construction and maintenance of the improvements contemplated herein. 8. Except as modified, amended, or supplemented herein., the Original FAUP Agreement between the parties hereto shall be and remain in full force and effect. ® 9. This agreement is made and entered into subject to the g 7 approval of the Federal Highway Administration. -4- 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. 2 , of said City, approved on the _ day of A , 198 d . Executed by City the / - day of , 198, . Executed by Commission the day of , 198,L. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ATTEST: (SEAL) By Chairman Secretary APPROVED AS TO FORM: Counsel . 1: CITY OF JEFFERSON CITY, MISSOURI ATTEST: (SEAL) By yor ity lark APPROVED AS TO FORM: Cit A g ey �EE: Q ` ILI 4 W • :.tom � �? � �+++� R� Plik"N �D r. ~• Lei VAMSM0014 DR. •-•w•..ti�,,.,�. RIG R.ET HOLY C1 CD 6 Q p SWIFTS F,vi,Y. °v MELODY DR rn . � ...�,. m •a Ci BU IIRLE' f V AND`l o 0 r ^�• ''� ° �� aTt1'.�?Lai. O +i- •� r ��` ..°-ice � � �+�-�:. 41 rn x CEQRSBRO .� an 4--TIM. c . NMI ca` � _0r'"u Att E(HIBIT A Second Supplemental FAUP Agreement Between MISSOURI HIGHWAY AND TRANSPORTX2ION COMMISSION -and- CITY -OF JEFFERSON CITY, MISSOURI Project M-3111(502)