HomeMy Public PortalAboutORD15880 BILL NO. 2018-098
SPONSORED BY Councilman Hussey
ORDINANCE NO. I5880
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE DIX
ROAD IMPROVEMENTS.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . The Mayor and City Clerk are hereby authorized to execute a
Municipal Agreement with the Missouri Highways and Transportation Commission.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: r. . � a(,o I 1 Approved: - �`"' ' I I
l
nAhhi -e --CV-106(4A
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
• 7-
Cit Clerk City Co.nselor
CCO Form:
Approved:
Revised :
Modified:
DE11
04/93 (CEH)
01/18 (BOG)
01/19 (BOG)
Municipal Agreement
Route : Dix Road
County : Cole
Job No .:J5P3015
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
MUNICIPAL AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson City , Missouri, a
municipal corporation (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE , in consideration of the mutual covenants , promises and
representations contained herein , the parties agree as follows:
(1) IMPROVEMENT DESIGNATION : The public improvement designated as
Dix Road , Cole County , Job No . J5P3015 shall consist of pavement and ADA
improvements .
(2) IMPROVEMENT WITHIN CITY: The improvement within the City is
located as follows:
Beginning at Station 5+90 , running in a southerly direction along Dix Road to
Station 6+00 , a point where the centerline of present Dix Road intersects city
right of way, and Beginning at Station 16+00, a point where the centerline of
present Dix Road intersects city right of way, running in a southerly direction to
Station 16+1 0; two work areas to construct sidewalk improvements on MoDOT
right of way. Length of work area within the City is twenty feet (20'). Also ,
locations along City owned Dix Road to place temporary traffic control signing for
the MoDOT project.
(3) EXTENT OF AGREEMENT: This Agreement shall apply only to the
portion of the improvement lying within the city limits as they exist on the date this
Agreement is executed by the City.
(4) LOCATION : The general location of the public improvement 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 the Commission for the
above-designated route and project.
(5) PURPOSE: It is the intent of this Agreement to outline the parties '
responsibilities with respect to the construction and maintenance of those improvements
to the State Highway System located within the City limits described in paragraphs (1)
and (2) above and designated as Commission Job No. J5P3015.
(6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of
public roads, streets , alleys and any other property owned by the City as necessary for
construction and maintenance of said public improvement.
(7) CLOSE AND VACATE : The City shall temporarily close and vacate all
streets or roads , or parts thereof, which may be necessary to permit the construction of
the project in accordance with the detailed plans
(8) RIGHT-OF-WAY ACQUISITION :
(A) Upon approval of all agreements, plans and specifications by the
Commission and the Federal Highway Administration (FHWA), the Commission will file
copies of the plans with the city clerk of the City and the county clerk of the county and
proceed to acquire at its e xpense , at no cost or expense to the City , any necessary
right-of-way required for the construction of the improvement.
(B) The portion of state highway covered by this Agreement shall be a
normal access highway and rights of access between the highwa y and abutting property
shall be procured and the cost classified as right-of-way cost and paid for by the
Commission in the same manner as other right-of-way costs. Only such rights of
ingress and egress shall be allowed as indi cated on the plans approved by the
Commission and FHWA.
(9) UTILITY RELOCATION : The City agrees that any installation , removal ,
relo ca tion , maintenance, or repair of public or private utilities involving work within
highway righ t-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 , the City will allow no work on th e highway right-of-way
invo lving excavation or alteration in any manner of the highway as constructed ,
includ ing but not limited to driveway co nnections , except in accordance with the rules
and regulations of the Commission and only after a permit for the specific work has
been obtained from the Commission's district engineer or his authorized representative.
The City shall take whatever actions that are necessary to assure compliance with this
Subsection .
(1 0) LIGHTING : The Commission will , at its cost and expense , install ,
operate , and maintain basic highway intersection or interchange lighting at warranted
locations on the improvement. The construction , installation , and maintenance of any
other or further lighting system on the public imp ro ve ment covered by this Agreement
shall be only in accordance with the Commission's policy on highway lighting in effect,
and to the extent deemed warranted by the Commission, at the time of any such
installation . No lighting system shall be installed or maintained by the City on the
improvement without approval of the Commission .
2
(11) TRAFFIC CONTROL DEVICES : The i nstallation , operation and
maintenance of all traffic signals , pavement markings , signs , and devices on the
improvement, including those between the highway and intersecting streets shall be
under the exclusive jurisdiction and at the cost of the Commission. The City shall not
install, operate, or maintain any traffic signals , signs or other traffic control devices on
the highway or on streets and highways at any point where they intersect this highway
without approval of the Commission .
(12) ORAl NAGE: The Commission will construct drainage facilities along the
improvement and may use any existing storm and surface water dra i nage facilities now
in existence in the area. The City shall be responsible for rece iving and disposing of
storm and surface water discharged from those drainage facilities which the
Commission constructs within the limits of highway right-of-way to the extent of the
City's authority and control of the storm sewer facilities or natural drainage involved .
(13) PERMITS: The Commission shall secure any necessary approvals or
permits from the Surface Transportation Board , the Publ ic Service Commission of
Missouri , or any other state or federal regulating authority required to permit the
construction and maintenance of the highway .
(14) COMMENCEMENT OF WORK: After acquisition of the necessary right-
of-way , the Commission shall construct the highway in accordance with final detailed
plans approved by the Federal Highway Administration (o r as they may be changed
from time to time by the Commission with the approval of the FHWA) at such time as
federal and state funds are allocated to the public improvement in an amount sufficient
to pay for the federal and state government's proportionate share of construction and
right-of-way costs . The obligation of the Commission toward the actual construction of
the public improvement shall be dependent upon the completion of plans in time to
obligate federal funds for such construction , upon approval of the plans by the FHWA,
upon the award by the Commission of the contract for the construction , and upon the
approval of the award by the FHWA.
(15) MAINTENANCE: Except as provided in this Agreement, upon
completion of the public improvement, the Commission will maintain all portions of the
improvement within the Commission owned right-of-way. Maintenance by the
Commission shall not in any case include water supply lines , sanitary or storm sewers
(except those storm sewers constructed by the Commission to drain the highway), city-
owned utilities within the right-of-way or the removal of snow other than the machine or
chemical removal from the traveled portion of the highway .
(16) ACCEPTED WITHIN HIGHWAY SYSTEM : Effe ctive upon e xecution of
this Agreement, the Commission temporarily accepts the portion of the City street
system described in this Agreement as part of the State Highway System for the
purposes of this project. Howeve r , during the construction period contemplated in this
Agreement:
3
(A) The Commission will assume no police or traffic control functions
not obligatory upon Commission immed iately prior to the execution of this Agreement,
and
(B) The City shall perform or cause to be performed normal
maintenance on the project site .
(17) CITY TO MAINTAIN : Upon completion of construction of this
improvement, the City shall accept control and maintenance of the improved City street
that was temporarily accepted as part of the State Highway System for the purposes of
this project pursuant to paragraph (16) above and shall thereafter 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 the Commission . All
obligations of the Commission with respect to the City street system under this
Agreement shall cease upon completion of the improvement.
(18) POLICE POWERS : It is the intent of the parties to this Agreement that the
City shall retain its police powers with respect to the regulation of traffic upon the
improvement contemplated. However, the City will enact, keep in force, and enforce
only such ordinances relating to traffic movement and parking restrictions as may be
approved by the Commission and as are not in conflict with any regulations for federal
aid . The 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 .
(19) RESTRICTION OF PARKING : Since the improvement is being designed
and constructed to accommodate a maximum amount of traffic with a minimum amount
of right-of-way, the City shall take whatever actions that are necessary to prevent
parking upon the highway or any part of the area of the highway right-of-way within the
limits of the improvement.
(20) OUTDOOR ADVERTISING : 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 and the City shall take whatever actions that are necessary to enforce this
Section .
(21) FEDERAL HIGHWAY ADMINISTRATION : This Agreement is entered into
subject to approval by the Federal Highway Administration, and is further subject to the
availability of federal and state funds for this construction.
(22) AMENDMENTS : Any change in this Agreement, whether by modification
or supplementation , must be accomplished by a formal contract amendment approved
and signed by representatives of the City and Commission , respectively , each of whom
being duly authorized to execute the contract amendment on behalf of the City and
Commission , respectively .
4
(23 ) COMMISSION REPRESENTATIVE : The Commission's Central District
Engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission's representative may
designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(24 ) CITY REPRESENTATIVE: The City's Mayor is designated as the City's
representative for the purpose of administering the provisions of this Agreement. The
City's representative may designate by written . notice other persons having the authority
to act on behalf of the City in furtherance of the performance of this Agreement.
(25) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after
delivery by United States mail, regular mail postage prepaid , or upon receipt by
personal or facsimile delivery , addressed as follows:
(A) To the City:
Mayor
The Honorable Carrie Tergin
City of Jefferson
320 E. McCarty
Jefferson City , Missouri 65101
Office Phone : (573) 634-6303
(B) To the Commission :
Central District Engineer
Mr. David Silvester, P.E.
1511 Missouri Boulevard
P.O. Box 718
Jefferson City , Missouri 65102
Office Phone : (573)751-7687
Mobile Phone: (573)508-7179
or to such other place as the parties may designate in accordance with this Agreement.
To be valid , facsimile delivery shall be followed by delivery of the original document, or
a clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(26) ASSIGNMENT : The City shall not assign , transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(27 ) LAW OF MISSOURI TO GOVERN : This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local , state
and federal laws and regulations relating to the performance of the contract.
5
(28) VENUE: It is agreed by the parties that any action at law , suit in equ ity , or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach , shall be instituted only in the Circuit Court of Cole County, Missou ri.
(29) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the
parties hereto and nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than the Commission and the City.
(30) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that
they are acting officially and properly on behalf of their respective institutions and have
been duly authorized , directed and empowered to execute this Agreement.
(31) SECTION HEADINGS : All section headings conta ined in th is Agreement
are for the convenience of reference only and are not intended to define or limit the
scope of any provision of this Agreement.
[remainder of page intentionally left blank]
6
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this t5 day of r ?'1f1. 20 14)
Executed by the Commission this \3 day of 'Chi A A/ , 2019.
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION CO MISSION
By: By: OdAAAi /
L(.0-6(/V\.‘
Title: Chief Engineer P1
Title: I► ' airy
ATTES : ATTEST:
,A1411)71k /
By: 1/144ori, /'i
ecretary to the Commis
Title: 6-1-kel 6-1- C L V I-
APPROVED AS T• FORM:O APPROVED AS TO FIRM:
BY: • _
_
Co fission Counsel
Title: �l •
Ordinance Number I5850
7
EXHIBIT A
, EF FE l SG N C I TY
PAGE 1 OF 2
8
EXHIBIT A
Stat1on 4+90 to 5+00 at nonh end of MoDOT project
_____ ._J ___ . .
\ cs ·, " •
t\.t '.)I ". t 'A~Y!It
r ·~~~lit l!:•u
I ·• .,...._..
I ' }'
--r.uru.'
. . .
""· ·--------
Statton 16+00 to 16+10 at smith end of MoDOT proJect
,
1 ---''*'. ·~~-.r. \1; . ,/ f -•
, --f
~~
I
I
1
• .....,., (I '* --:1.(11
PAGE 2 OF 2
9