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Home My Public Portal AboutORD09733 BXLL N0. INTRODUCED BY COUNCILMAN ORDINANCE NO. 33 , OF JEFFERSON MISSOURI AN ORDINANCE OF THE CITY , AURHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AME 04ENT TO THE FOURTH SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREB1NT WITH THE MISSOURI STATE HIGHWAY COMMISSION. 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 Fourth Supplemental Federal Aid Urban Program Agreement with the Missouri State Highway Commission. 1 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: Approved: - ident . f the Counc' y r Attest: City erk t .r City of Jefferson City Project M-3112 (501) FOURTH SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEMENT This Fourth 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, " WITNESSETH: 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 de- signed and constructed by City in compliance with the provisions of the Original FAUP Agreement. In 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: j . • 1. The improvement contemplated herein and designated by Commission as Project M-3112 (501) is located within City. The length of the improvement is 1.783 miles. The general loca- tion of the improvement is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. A more specific description is as follows : Beginning at Station 11+90 at a point 550 feet southwest of Ventura Avenue and being a point 1, 500 feet east of and 190 feet north of the southwest corner of the southwest quarter of Section 4, Township 44 North, Range 12 West, thence in a north northeasterly direction to Station 106+03 at a point 497 feet west of the intersection of Commerce Drive and also being a point 490 feet south and 255 feet west of the northeast corner of the west half of the north- east quarter of fractional Section 3, Township 44 North, Range 12 West. 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 assume no police or traffic control functions not obligatory upon Commission immediately ' prior to the execution 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 con- templated improvements, City shall accept control and maintenance of the streets improved hereunder and shall thereafter keep, control, -2- 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 Commis- sion 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 improve- ments; and, if the Commission should expend any funds in connec- tion herewith for which it is not reimbursed by the United States ® Government, City will reimburse the Commission for same. 5. City shall acquire any additional necessary right-of- way required for Project M-3112 (501) 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 parti- cipating in at least 75/ of the eligible costs of -3- •1 1 FAUP Projects, but this ratio may be changed at some time in the future; 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. i'. City shall secure any necessary approvals or permits from the Interstate Commerce Commission and the Public Service Commission of Missouri as are 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. 8. Progress payments to the City for preliminary engineering are available upon City' s written request. The Commission has reduced the minimum amount for progress payments for right-of-way expenditures. In the event Project M-3112 (501) is not built or is built to standards not satisfactory to the Federal Highway Administration, the City agrees to repay the Commission for any progress payments made to the City and agrees that the Commission may deduct any progress payments made to the City from future payments to the City. 9. This agreement is made and entered into subject to the approval of the Federal Highway Administration. -4- ir 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 day of 19,?L_. Executed by City the .�' day of QQgnM A s 4 , 19-g. Executed by Commission the t' day of , MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION ATTEST:, (SEAL) By /✓. Chairman Secretary APPROVED AS TO FORM: Counsel CITY OF JEFFERSON CITY, MISSOURI ATTEST: (SEAL) By blakok City Clerk • APPROVED AS TO FORM: C'ty Couns or -5- W WNW WI . •' o BEG l N ,PRO V. L < S M 11f90 AD d�cy o� T tig ..aye - O cc Z y spN 9't, m eo o OAK VALLEY CT. c, EXHIBIT A •��• Fourth Supplemental FAUP Agreement Between MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION -and CITY OF JEFFERSON CITY MISSOURI Project M-3112(501) ALL Y PARK E RD. o m— � c Propos c�/ o�c DOW m l��e /79 `h� FN.D •PR(7e�• y�! o MEADOW -� FOXChEEK RD. ST A. l U!10-3 p Co DR. .o OMMERCE DR. VALLE VIEW m OLD GIBLER RD. m n 1 �. o CT. cn n OV08 77/H Y-')Od