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HomeMy Public PortalAboutORD05679 256 ATh ('011, i I313T C11 OP t,'T. ATTEST: ice her i man Secretary �F _­_ #5679 APT OriDINANCE A1JTFO11I_1].-.'G MID I)IRC.CTUG THE APD .THE CITY 0�1 -LI -� CLERK., FOR AflD 01' 3ETTAM� OF THE CITY ()I. Y.TSSC71.1RI , TO " �'r EXECUTE A CCI'TRACT WITIT T;1K S7"A V, i M7.1 7'�,A`r CCV17,'TSSIO! VISSOUTRI ]RELATIi,.,G TO T:.'E D11TIES A­11; C3'LI(1rATI0j,!S CF 3CTH TH'E' CITY C.P1 117 1PF17 r It _.. .11, 1 SON , MISSOURI, AIND THE STATE Tfj,`JF;A'( CCVT'1,SSTOY '..'TTH RE­21_,-CT TO F.TSSCURI HVER MIDGE. T!'E SCUTH Aili,',ILOACH TO T'1, M"N Cjrp,,r I.-IS�r CUR I, BE IT CRI)AIlM 13' THL' CGUJI�CIL CIS' T"ll," CITY CP 111*_Rsoi�� AS FOLLOWS: Section 1. The Mayor and the Uitir Ulerk are hereby authorized and directed for and on behalf of the pity of Jefferson., F.. ssouii,, to execute the hereinafter attached contract i,iith the State High- way Commission of lv'yssouri , to-wit: C 0 P T R A C T THIS Al"RELLE114T made and entered into this day of .9 1953, by and between the State HiL-.hway (; mmissilon of T1. .s_S0_1Tr_11 (hereinafter referred to as the Com-issio.'n) and the City of Jefferson, Cole `'ounty, V-ssouri , (hereinafter referred to as the City), .77,71T!� ISETH: It is agreeable to the City that the Commission designate, locate, establish and otherwise construct an approach to the sout end of the proposed Yissouri "fiver ';ridge as a pro.ject in an urban area under the provisions of the Federal Highway Act of 1944. anc� amendments thereto, known as ?roiect U-97 (110, "oute U. S. 54, Cole County; that the .),arties under into a c:�ntract cencerning such improvement of, and the rraintenance and regulation of traffic upon, such state hifj-tway and such project under the provisions of the constitution of ; issouri , 10415, and said aet, in accordance with the proposed plans; that in condideration of the "onriission designating, locating, and constructing this approach as a state , highway and as such urban )rojectthe City agrees in such contract to assume the permanent maintenance of any streetzli,-,-hting systelA, to enact only such ordinances relating to the maintenance of and regulation of traffic upon such s,- ate highway and to provide sucl right of way easements alon,,., proposed Industrial Road., to providc excavation waste area and to establish such ordinances as are necessary due to r--rade changes of city streets or the abandow-ient of portions of existing alleys as may be recommended by the Commission and approved by the Pbblic Roads Administration. THI"REFCRE, IT I'S AGTPi_­ED: 1. (A) The Cormiiission will desiCnate, locate , establish and construct and thereafter maintain as hereinafter provided thc following described approach to the south end of the proposed 1% ssouri "iver i_3ridL_•e os an urban project, namely, U-97 (11 ) fror the Bridge to Mccarty Street, route U. S. 54, Vole 'o unty. (13) The Cormission will make such necessary adlustmentc , revisions, relocations and neyf constructions of the existing sanitary sewer system as will be red !red by the construction of this pr:)- ject subject to the appro-val of the State 3oard of Health of r;'issouri and the a::),)roval of the City. (C ) The Commission will make such necessary adjustments, revisions, relocations and new locations to the existing storm sewer system as will be required by y the construction of this project sub iect to the a )proval of the City End-ineer. (D) The Commission will place excess waste excavation from this pro'ject and compact it on easements provided by the City along proposed Industrial iLoad. 57 (E) The Commission will constriict as incidental to this pro;Oct a stroot li�-htinr- systom which will be ttirnad over to t O City for maintenance followinj-, t1io ct_xi,-)lct1on of V.AS orojOete 2. (A ) The pity wi '.l: enact such ordinances ns may be nec- essary to legally establish the grade of this proposed approach. (13) To enact such ordinances as are necessary to legally establish the revised parade of High Street as shown by the detailed plans. (C ) To enact such ordinances as are necessary to close and abandon portions of the 3i11eys between McCarty and High Streets High and YEd n Streets, and 1�iain Street and the Yi.ssouri iver Bluff 3. Upon completion of tl,,e project the Uommission will maintai this approach which includes ramps and pedestrian-ways, in the same manner and to the same extent as other roads and stre.,- ts in the state highway system%rstem are maintained, the cost of such mainten- an ce to be deducted from future city allotments of State and Federal "unds. The Commission will maintain and repair the Corm sewer system for a period of ten years after completion thereof. The Uity will however, upon request of the Cor.mission remove debris or obstruct- ions from said sewer during, said period. The City will after ten year period maintain said storm sewer system. The City will main- tain the sanitary sewer system and the street lighting system upon I completion of the project. 4. (A ) From time to time the pity shall submit to the Com- mission or its Division En,rineer proposed rules and regulations., or revisions thereof., relating to the regulation of traffic upon this approach and to the location, BDrm arid character of informatz. ional, re'rrulatory and wprnin!.-.� signs , curb and !)avement or other mar!,_ings, and traffic signals proposed to be installed or placed and maintained u,)on this approach by either the City or the Commisslo and will enact, keep in force and enforce only such ordinances re- lating to such matters , as may be a Dproved by the Commission and the Bureau of Public hoads. The City retains such powers as it now has, or may hereafter have., over the approach except as herein expressly otherwise agreed, in- cluding tl�ose relatinF , to 'Dolicing, licensing., location, installa- tion, maintenance, relocation andremoval of public utilities or private lines, poles, wires, conduits or pipes. H.wever, the City aErrees that any installation, relocation or reroval of any such facilities involving excavation in, under or t'-.rough the approach will be done., or licensed or authorized to be , by the City only (1) in accordance with general rules or reulations of the COTnmissi( n filed with the City from time to time and '(2) after a ')ermit for the particular installation, relocation or re�roval has heen obtaf ned from the kaommission or its Oesit-nated officers or employees. 'T'-?e, City will enact such ordinances as may be necessary to insure ccom-..,,.,- pliance with the provisions of this sub-paragrapla. I (B) The intent of this agreement is that the Commission shall provide (wit out cost to the City other than the Citys share of maintenance costs above set out ) a traffic-wa' y or street to serecl traffic crossing the T,.'issouri 'liver, that the traffic-way or street is recognized to be for the public use-- and purposes of the City to the same extent an6 in the same iaa.:ner as thous, h acquired and constructed and improved by t City itself in the exercise of the Citys own municipal powers. It is understood that in exercising this agreement the City ("oes not attempt herebr to delegate or abroi-7nte its own )olice power but under the authorit-1 of the I I Constitution of 1•,'Issouri , 1945, and the Federal Aid 'lighway Act of 1944 does ar.,^ree to exercise certain of its munici.-)al police powera relating to maintenance of and rerulation of traffic u!)on.9 city 9 C.:7, 1 streets in the rinnner herein specifically provided. S. In the event the City falis, neglects or refuses to enact keep in force and enforce the ordinances hereinbefore referred to., or in any other manner fails, rie;-!-lects or refuses ro perform any of kk the oblirations assumed by it in this contract, the Commission may, after serving written notice upon the City, discontinue maintenance