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HomeMy Public PortalAbout2020-02-13 packetNotice of Meeting & Tentative Agenda City of Jefferson Public Works & Planning Committee Thursday, February 13, 2020 '7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Boone/Bancroft Room (Upper Level) TENTATIVE AGENDA 1) Introductions 2) Approval of the January 9, 2020.Committee meeting minutes 3) New Business 1. Draft Traffic Calming/Speed Hump Policy (David Bange) 2. Sidewalks on Adams Street (David Bange) 3. Amending Chapter 32 of the City Code (David Bange) 4. 2020 CIP Work Plan and Wastewater C1P Work Plan (David Bange/Eric Seaman) 5. Update on In-house Stormwater Projects (Don Fontana) 6. Anderson Engineering Report (Britt Smith) 7. Design Contract with Burns and McDonnell for Airport Ramp Repairs and Associated Grant Agreement (Britt Smith) 8. Rental Inspection Program Options (Sonny Sanders) 9. Dangerous Building Update (Sonny Sanders) 10. Clark Avenue Update (David Bange) 4) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues 5) Adjourn NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. MINUTES JEFFERSON CITY PUBLIC WORKS AND PLANNING COMMITTEE Council Chambers John G. Christy Municipal Building 320 East McCarty Street January 9, 2020 Committee Members Present: Attendance Ron Fitzwater 8 of 8 Ken Hussey 6 of 8 David Kemna 7 of 8 Mark Schreiber 7 of 8 Laura Ward 7 of 8 Staff Present: Matt Morasch, Director of Public Works Britt Smith, Operations Division Director David Bange, City Engineer Mark Mehmert, Transit Division Director Sonny Sanders, Planning and Protective Services Director Larry Burkhardt, Building Official Jayme Abbott, Neighborhood Services Manager Dave Helmick, Housing/Property Inspector Captain Bob Clarke, JCPD Sargent Jason Payne, JCPD Officer Josh Hagemeyer, JCPD Ryan Moehlman, City Counselor Steve Crowell, City Administrator Brenda Wunderlich, Administrative Supervisor Chairman Hussey called the meeting to order at 7:30 a.m. A quorum was present at this time. The following guests were present: Donnell Rehagen, 605 Clark Avenue; Robert Herman, 1005 Adams Street; Mike and Jane Lester, 316 Hickory Street, Eric Landwehr, 2024 East McCarty Street; Mary Schantz, 1928 Hayselton Drive; Councilman Rick Mihalevich; and Emily Cole with News Tribune. 1. Introductions Introductions were made at this time. 2. Approval of the December 12, 2019 Committee meeting minutes Councilman Kemna moved and Councilwoman Ward seconded to approve the December 12, 2019 minutes, motion carried. 3. New Business 1. Clark Avenue Roundabouts Cost Share Program (David Bange) Mr. Morasch explained staff is requesting the Committee to concur with acceptance of the Governor's cost share funds of $1.91M for three roundabouts on the Clark Avenue corridor. This project was originally included in the approved Whitton EIS document for Hwy 50/63 corridor improvements as a secondary access to the MSP redevelopment. This would improve access and safety to Lincoln University and surrounding neighborhoods, the Highway Patrol Headquarters and multiple state agencies off of East Elm Street. The local funding needed to complete the project would Minutes/Jefferson City Public Works and Planning Committee 2 January 9. 2020 be $1.3M (propose $650,000 from each the City and County). Staff will seek an agreement for matching funds with the County. There was discussion among Committee members and staff regarding the aesthetics and little right-of-way acquisition being needed. Councilman Fitzwater moved and Councilman Schrieber seconded to refer the programming agreement for the cost share funds and agreement with Cole County to the City Council, motion passed. 2. Adams Street Speed Hump Request (Requestor: Mike Lester) (David Bange) Mr. Bange explained the neighbors abutting the 700 to 1000 blocks of Adams Street submitted a signed petition requesting the installation of speed humps in three locations along the street. There was discussion among Committee members, staff and those present regarding temporary humps and the cost, start of a program, additional requests, snow removal, sight distance, safety of citizens, lowering the speed limit, stop signs and/or traffic signals which could be a liability issue, and the average speed being 31.8 mph while the posted speed is 30 mph. Chairman Hussey discussed the possibility of partnering with Parks if the Hickory Street Park improvements are done. Councilwoman Ward requested the cost for sidewalks on Adams Street. Councilwoman Ward moved and Councilman Schreiber seconded to direct staff to come up with a policy for speed humps and bring to the next Committee meeting, motion approved. Mr. Morasch explained the policy would also go to the Transportation and Traffic Commission. Chairman Hussey requested to discuss Item 3.5. at this time. 5. SmartGov Software Update (Jayme Abbott) Ms. Abbott introduced Mr. Helmick who gave a presentation on the software. Mr. Helmick explained from 2015 to 2019 the number of violations, the percent of voluntary compliance with the violations, the 2019 abatement statistics. He stated the most common violations were tall weeds, property maintenance and outdoor storage and trash. The SmartGov software allows the mobile inspection app and the ability to enter cases while in the field and gives real time reporting. The citizen portal allows citizens to report their concerns on properties with the City of Jefferson. There was discussion among Committee members and staff regarding a rental inspection program to identify concerns, high crime and drug violations, seizure of nuisance property, and working with landlords using the Crime Free Multi -Housing program. Mr. Sanders stated staff would have the costs for a rental inspection program at the next Committee meeting. 3. License for Millbottom Conference Center Access (Eric Seaman) Mr. Smith explained the license would be used for access to the Millbottom Conference Center when water is over West Main at Wears Creek or when there are parades. They will install their own gate and gravel drive to get to their parking lot. Councilman Fitzwater moved and Councilwoman Ward seconded to approve the license for the Millbottom Conference Center Access, motion carried. Mlnutes/Jeferson City Public Works and Planning Committee January 9, 2020 4. Potential Purchase of Property at 422 East High Street (Britt Smith) 3 Mr. Smith explained the property is located next to a parking lot which staff would like to expand in the future. He stated the property is on the list for hearings next month. The owner is a willing to sell the property. Staff will continue negotiations with the owner. Councilman Schreiber moved and Councilman Kemna seconded to refer the purchase of the property for parking expansion to the City Council with recommendation to approve, motion carried. 6. Building Code Review (Sonny Sanders) Mr. Burkhardt explained staff is recommending a resolution for an Ad Hoc Steering Committee to review and update the building codes. Chairman Hussey stated the updates going through an Ad Hoc Steering Committee made it easier for the City Council and requested the resolution be forwarded to the City Council for approval. 3. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works Issues Mr. Smith explained in the past, the City Council has passed a special resolution limiting parking enforcement on President's Day. There was discussion among Committee members and staff regarding the issue. Chairman Hussey stated staff needed to enforce parking due to the City of Jefferson working and the legislation was in session. Councilman Fitzwater moved and Councilman Schreiber seconded to have parking regulations enforced on President's Day, motion carried. 6. Adjourn Chairman Hussey adjourned the meeting at 9:29 a.m. Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffersoncitvmo.gov Date: February 10, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer Pe Subject: Traffic Calming Policy As requested, staff is providing the Committee a draft policy establishing requirements and procedures for the installation of speed humps. We have also created a broader policy for traffic calming that includes a speed limit reduction program that relies on buy in and commitment from the requesting neighborhood. The Engineering Division reviewed a number of speed hump policies from other municipalities as a starting point for the draft that has been presented to you. A handful of these policies have been included in the packet. In general these policies contain a number of similar elements including, road characteristics, traffic volumes, traffic speeds, road usage, and neighborhood support. The most common themes within these categories are enumerated below. Road Characteristics • Local or residential street • Limited to a single lane in each direction • Maximum posted speed limit of 30, with some instances of 25 mph • Street grade no steeper than 8% with some limited to 7% • Roadway alignment that allows clear sightlines to the speed hump Traffic Volumes • The lower threshold was 400 vehicles per day with the upper range falling between 2,500 and 4,000 vpd Traffic Speeds • In the most permissive instance, speed humps were permitted when the 85th percentile speed reached 5 miles per hour or above the posted speed limit, while some municipalities require the 85th percentile speed to be 8 mph above the posted speed before humps were permitted • In one instance special consideration was given to streets adjacent to parks and schools and in that case the 85th percentile speed was set at 6 miles per hour over the posted speed Road Usage • Should not be a primary or secondary emergency vehicle route • Should not be on a transit route U:1Public works\EngineeringldbangelPUBLIC WORKS & PLANNING1202012-20201Speed Hump Memo.docx Memorandum 2 • Should not be a truck route or streets with trucks making up 5% or more of the traffic volume Neighborhood Support • The minimum neighborhood support required for installation was 60% of the adjoining properties with 67% being the most often selected percentage, with the upper range being 75% of properties along the corridor and 100% of the properties within 50 feet of the hump itself Another theme that came up in a number of the policies was related to the removal speed humps. In every case the removal, if requested by the neighborhood, needed similar levels of support for their removal as for their installation and often required the cost of removal to be borne by the neighborhood. As staff worked with this policy we began to consider the possibility that the City's standard speed limit of 30 miles per hour may be perceived to be too fast by some neighborhoods. Because of this staff began to develop a policy that would allow citizens to petition for a reduction of the posted speed limit within the bounds of their neighborhood. The policy is applicable when the current 85th percentile speed is Tess than 5 mph over the posted speed. It envisions a reduction in the speed limit to 25 mph upon the request residents representing 75% of the properties along the proposed route. The petition itself would contain a pledge that those requesting this reduction would set the example by always obeying the speed limit. This process would be minimal in cost as compared to other traffic calming measures, however, it would rely solely on the willingness of the neighborhood and those who use the street to accept the lower speed limit. If after the period of one year traffic speed has not gone down to the desired level there would be the opportunity for the neighborhood to petitions for additional measures such as speed humps if the requirements for such are met. If you have any questions concerning this item I can be reached at 634-6433. DB:db U:\Public WorkslEngineering\dbange\PUBLIC WORKS & PLANNING12020\2-2020\Speed Hump Memo.docx Traffic Calming Policy Procedures for Requesting Traffic Calming Measures 1. A representative of a local residential street who believes there is support among the other residents for traffic calming measures shall submit a request in writing to the Department of Public Works. The request should define the street and the limits of the desired traffic calming measures. The request shall contain the requestor's name, address, and telephone number, as well as the signatures of property owners representing four additional properties within the defined area who support traffic calming. 2. Upon receipt of the request the Department of Public Works will perform a speed study to measure the speed of traffic and shall evaluate the request to determine it meets the requirements outlined in the respective traffic calming policy. a. If the 85th percentile speed is less than 5 miles per hour over the posted speed and the street meets the requirements for a SAFE Neighborhood designation the requestor will be notified that they may apply for a SAFE zone in accordance with the policy for such a designation. b. If the 85th percentile speed is 5 miles per hour or more over the posted speed and the street meets the requirements for speed humps the requestor will be notified that they may apply for the installation of speed humps in accordance with the policy for such an installation. c. If the street proposed for traffic calming does not meet the requirements set forth in the policy the requestor will be notified in writing. Such notification shall state the reason the street is not eligible. i. The requestor of any request deemed ineligible may present his case to the Public Works and Planning Committee to ask for a variance from one or more of the requirements. The Committee may grant such a variance and the request will then follow the same process as if it had been originally been deemed eligible. The decision of the Committee is final. 3. Upon the determination that the street is eligible for a SAFE Neighborhood designation or for speed humps the requestor will be advised to submit a petition (on forms provided by the City) signed by the abutting property owners indicating their support for the proposed traffic calming measures. Signatures in support of the traffic calming measures are required as follows. a. In the case of a SAFE Neighborhood designation signatures are required from residents representing a minimum of 75% of the abutting properties including corner lots that may be addressed off of an intersecting street. b. In the case of speed humps signatures are required from owners representing a minimum of 75% of the abutting properties including corner Tots that may be addressed of an intersection street and 100% of the property owners who have property within fifty feet of the location of the proposed speed hump. 4. To be valid the petition is required to be returned the Public Works Department within 120 days of being sent to the requestor. 5. Upon the timely return and verification of the petition said petition will be presented to the Transportation and Traffic Commission for a recommendation to the City Council. a. In the case of a SAFE Neighborhood designation, such petitions will be presented at the next available Transportation and Traffic Commission meeting and if recommended favorably will be forwarded to the City Council for final approval. b. In the case of a request for speed humps, such petition will be presented to the next available Transportation and Traffic Commission meeting and if recommended will be held until the March meeting of the Public Works and Planning Committee at which point the petition along with all other such petitions will be reviewed and considered for funding. In the event that funding is not available for all requests received, the petitions will be ranked by additional considerations including but not limited to: speeding, collisions, presence of schools or parks, bicycle routes, sidewalks, etc. Upon the determination of funding the petition will be advanced to the City Council for final approval. i. Upon approval by the Council the speed humps will be constructed by Public Works staff or through the City's standard contracting processes. It is understood that due to funding the City cannot guarantee installation of any speed humps even if all the technical requirements are met and a qualifying petition is submitted. Requests that are not funded are considered void. Traffic Calming Request Form I, hereby request that measures be taken to (Print name). Clam traffic on between the intersections of Address and Phone Number Signature +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I, who reside at (Print name) by my signature ascribed below support traffic calming on the section of street described above. (Signature) I, who reside at (Print name) by my signature ascribed below support traffic calming on the section of street described above. (Signature) I, who reside at (print name) by my signature ascribed below support traffic calming on the section of street described above. (Signature) 1, who reside at (print name) by my signature ascribed below support traffic calming on the section of street described above. (Signature) Streets Are For Everyone (SAFE) Neighborhood Policy Generally A SAFE Neighborhood is one in which residents recognize that Streets Are For Everyone, including people of all ages, abilities, and means of transportation. This designation allows for the speed limit within that neighborhood to be reduced to 25 mph. Requirements To be eligible for a SAFE Neighborhood designation the following requirement must be met: • Street Characteristics o Shall have a local/residential classification o Shall be located within an area that is a minimum of 85% residential o Shall have logical beginning and ending points based on the street's termini or controlled intersections • Traffic Speed o Shall have an 85th percentile speed less than 5 miles per hour over the posted speed • Street Usage o The average daily traffic shall be less than 3,000 vehicles per day • Neighborhood Support o Must be approved by signed petition of 75% of the residence along the street corridor. o The petition shall contain a pledge that the signatory will always obey the posted speed limit within the SAFE zone Additional Steps After a period of one year if speeds have not been reduced residence may petition for other traffic calming measures in accordance with applicable policies. Leaving the Program A neighborhood may leave the program upon signed petition of 75% of the residents along the SAFE Neighborhood corridor. SAFE Neighborhood Petition Form Date The undersigned residents of properties on between the intersections of and hereby request that our neighborhood be designated as a SAFE Neighborhood by reducing the speed limit to twenty-five miles per hour through the above street segment. By signing this petition I acknowledge that I have read and understand the general information contained on the back of this petition and I make the following Pledge: I, by ascribing my signature below, endeavor to create a street that is usable to people of all ages, abilities, and means of transportation and solemnly pledge to always obey the posted twenty-five mile an hour speed limit. Name Address Signature Streets Are For Everyone (SAFE) Neighborhood Designation General Information A SAFE Neighborhood is one in which residents recognize that Streets Are For Everyone, including people of all ages, abilities, and means of transportation. This designation allows for the speed limit within that neighborhood to be reduced to 25 mph. Residents are asked to make a pledge that they will set the example in their neighborhood by always obeying the posted 25 mph speed limit. Such an destination is subject to the approval of the City Council and must conform to the requirements set forth in the SAFE neighborhood Policy +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Instructions for the gathering of signatures In order for the Jefferson City Department of Public Works to evaluate your petition please do the following: • Include your name, mailing address, and telephone number on the petition • List all addresses on your street including all corner properties even if the property's address is on the cross street. • Write "Abandoned" in the "Name" column if the dwelling in abandoned. • Signatures are required from at least 75% of the addresses within the block defined • In the event that the required percentage cannot be reached as a result of the inability to contact the resident, documentation shall be submitted indicating the methods and times that contact was attempted. A minimum of two attempts shall be made. Submit the completed petition to: City of Jefferson Department of Public Works 320 E. McCarty Street Jefferson City, MO 65101 (Information to be present on the back of the SAFE Neighborhood petition form) Speed Hump Installation Policy Generally Speed humps are traffic control devises that slow traffic by creating a vertical deflection within the roadway. Typically this deflection is in the range of 3 to 4 inches and is accomplished over a distance of 12 to 22 feet. Speed humps have desirable and undesirable qualities as follows: Desirable Qualities • Speed of traffic is reduced near speed humps • Speed humps discourage cut through traffic • Speed humps are self -enforcing Undesirable Qualities • The response time of emergency vehicles may be increased by speed humps • There is an increase of vehicle noise at speed humps from braking and accelerating • Speed humps add inconvenience to those who must use them frequently • Speed humps may increase traffic on neighboring streets • Speed humps may lead to increased speeds in areas beyond the speed humps • Speed humps increase visual and physical clutter with the signs and marking that accompany them Requirements For a street to be eligible for the installation of speed humps it must meet the following criteria: • Street Characteristics o Shall have a local/residential classification o Shall be less than 40 feet wide and have no more than a single lane of traffic in each direction o Shall have a grade of no more than 8% approaching, and at the location of the proposed speed hump o Shall have a horizontal and vertical alignment which allow clear sightlines 150 feet in advance of the proposed speed hump when viewed from 3.5 feet above the street pavement o Shall be a minimum of 2 blocks or 800 feet in length o Shall not be a dead end street or cul-de-sac less than 1,000 feet in length o Shall have a means of drainage such that the speed hump does not cause flooding, standing water, or other drainage issues • Traffic Speed o Speed humps will not be considered until the 85`h percentile speed on the street is 5 mph above the posted speed limit. o Targeted enforcement has not produced an acceptable level of speed reduction • Street Location o The street should be located within an area that is a minimum of 85% residential. School or park property may be excluded from the calculation o Shall be located within a system of streets that can accommodate traffic that may be diverted by the installation of the speed humps • Street Usage o The average daily traffic shall be between 400 and 3,000 vehicles per day o The street shall not be on a transit, emergency vehicle, or truck route o The overall truck volume shall be less than 5% o Consideration shall be given to motorcycle, bicycle, or other special usage • Engineering Evaluation o The City's Engineering Division shall evaluate each proposed location and be satisfied that there are no safety or operational concerns not specifically addressed within these criteria • Neighborhood Support o Must be approved by signed petition of 75% of property owners along the affected street corridor o Must be approved by 100% of the property owners with property located within 50 feet of the proposed speed hump Speed Hump Removal Speed humps may be removed by the City if at any time any of the following conditions exist. • They are found to create a safety hazard • Cause adverse or unintended traffic problems • The street characteristics change • The adjoining land use changes • Create undue delay for emergency or other public service vehicles Speed humps may be removed by request of the neighborhood. If requested, signatures are required from the owners of 75% properties along the affected street corridor. Removal will be dependent on available funding. Speed Hump Petition Form Date The undersigned owners of properties on between the intersections of and hereby request the installation of speed humps in the above street segment. By signing this petition I acknowledge that I have read and understand the general information contained on the back of this petition. Name Address Signature General Information I understand the desirable and undesirable qualities of speed humps as listed below: Desirable Qualities • Speed of traffic is reduced near speed humps • Speed humps discourage cut through traffic • Speed humps are self -enforcing Undesirable Qualities • The response time of emergency vehicles may be increased by speed humps • There is an increase of vehicle noise at speed humps from braking and accelerating • Speed humps add inconvenience to those who must use them frequently • Speed humps may increase traffic on neighboring streets • Speed humps may lead to increased speeds in areas beyond the speed humps • Speed humps increase visual and physical clutter with the signs and marking that accompany them I understand that for a street to qualify for the installation of speed humps the street must meet the requirements outlined in the Speed Hump Installation Policy understand that due to limited funds, the City cannot guarantee installation of any speed humps even if all the technical requirements are met and a qualifying petition is submitted. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Instructions for the gathering of signatures In order for the Jefferson City Department of Public Works to evaluate your petition please do the following: • Include your name, mailing address, and telephone number on the petition • List all addresses on your street including all corner properties even if the property's address is on the cross street. • Write "Abandoned" in the "Name" column if the dwelling in abandoned. • Signatures are required from at least 75% of the addresses within the block defined • In the event that the required percentage cannot be reached as a result of unresponsive owners, documentation shall be submitted indicating the methods and times that contact was attempted. A minimum of two attempts shall be made. Submit the completed petition to: City of Jefferson Department of Public Works 320 E. McCarty Street Jefferson City, MO 65101 (Information to be present on the back of the Speed Hump petition form) Policy Requirements vs. Adams Street Request Policy Adams Street Street Characteristics Local/residential street Less than 40 feet wide and one lane in each direction Grade no more than 8% Clear 150 foot sightline 2 blocks or 800 feet long Dead end or Cul-de-sac Drainage/Flooding Traffic Speed 85th percentile 5 mph over posted speed Targeted enforcement has not produced results Street Location 85% residential System of streets able to accommodate redirected traffic Street Usage ADT between 400 and 3,000 Transit, emergency, or truck route less than 5% trucks Special uses Engineering Evaluation Safety or operational concerns Neighborhood Support 75% support 100% support from those within 50 feet of hump Meets requirements Meets requirements The grade of Adams Street varies significantly through this area. The grade just south of Ashley is 12.2 % and 17.1% just south of Hickory Street. In the area of Tylor Street the grade is 8.1%. At locations of the proposed humps {traveling northward) the grades are 5.6%, 7.3% and nearly flat. While the locations of the hump themselves meet the requirements only the southerly most hump meets all the approach slope requirements. Meets requirements Meets requirements NA No known concerns Does not meet requirements Directed enforcement has been conducted and the 85th percentile speed is within 1.8 mph of the posted speed limit Meets Requirements Adams street is located between two streets that contain one way sections. The condition of these streets are no better than average and are used heavily for on street parking. Jackson Street is immediately adjacent to a grade school and other school facilities as well as providing access to the Hickory Street Park. Meets requirements Meets requirements Meets requirements No know concerns Redirected traffic may look to use Jackson or Monroe. These street are also residential and may be adversely affected. The approaching grades to the northernmost hump are well outside of the typical range and may cause issues particularly in poor weather conditions. Meets requirements The requirement is met for the southerly two but not the most northerly speed hump Iewype AZ. SPEED HUMP INSTALLATION POLICY Staff Evaluation - An engineering and safety evaluation of any speed hump request will be made to determine that the guidelines listed below are met. Since speed humps might have a wide ranging impact not only on the vehicles crossing them but also on the residents living on the immediate and nearby streets, their installation will be studied within the context of an overall neighborhood traffic management study. Speed hump requests will be handled in the order in which they are received. The cost for the installation of approved speed humps will be born by the city based on the annual funding provided. Streets — Installation of speed humps will primarily be on residential streets. These could include local and collector streets with housing that faces the street. A residential local or collector street is defined as one whose abutting land use is at least 85% residential when considered in segments of one-quarter mile. Speed- Speed humps will be considered on local or collector streets where the posted speed does not exceed 30mph. Should the speed on these streets exceed the posted speed by 6 mph or more and by least 85 % of those vehicles using the street, speed humps may be considered. If the speed requirements are not met at the time of the initial study, then a second study can be obtained six months later to determine if the street meets the qualification. Traffic Volumes — Each individual street location should be evaluated to justify installing speed humps. Streets with volumes less than 400 vehicles per day would not be considered for speed humps. However, if a study identifies a cut -though problem, then speed humps may be installed regardless of speed or volumes. Emergency and Transit Routes — Prior to approving locations for speed hump installations the proposed locations will be reviewed with the police, fire, ambulance and other emergency service departments. In addition, consideration will be given to other potentially affected groups, such as transit agencies, school districts, refuse and street departments. Should the proposed installation of speed humps have a significant impact on providing emergency services, such as on streets that are defined or used as primary or routine emergency vehicle access routes, the request for installation of speed humps may be denied. 1 Resident Surveys — Resident surveys are required to determine support for speed hump installation after it is determined that a particular street is eligible for humps. A documented majority of the residents should be in favor of speed hump installations. Signatures of the owner or the occupant are acceptable. Where proposed speed hump locations are determined 100 % of those signatures of the adjacent properties are required, whereas, 75 % of the resident's signatures on the rest of the affected street are required. In addition, 50 % of the signatures are required on adjacent streets that may be affected by the installation of speed humps. Prior to obtaining signatures, city staff will determine the petition area. Non-compliant Installation — If it is determined that a street does not meet the speed and volume requirements for installing speed humps and a neighborhood is still desirous of having speed humps installed, then the neighborhood would be required to pay for 100 % of the installation cost. If this process is elected it is with the understanding that speed humps will be installed under city contract meeting city requirements and that requirements for resident surveys have been met. Speed Hump Installation — After obtaining all studies, approvals, and appropriate neighborhood surveys the city will arrange to have its' contractor install the speed humps at the city's expense. Appropriate signs and striping will be installed by the city of Tempe. Speed Hump Removal — Speed humps may be removed due to lack of public support. All petitioners originally requesting the installation of speed humps will be given the opportunity to comment on the removal of speed humps. This would be after considerable time has passed to determine the impacts and performance of the desired results of the speed hump installation and any other traffic characteristics along this route and any remaining impacts to the street system. In order to have a speed hump removed at least 80% of all signatures of the owners or occupants on the affected street will be required. Prepared 12/29/1998 Revised 6/24/2009 -2 � eso C SPEED HUMP ELIGIBILITY CHECKLIST Fill out the following checklist; if the answer to all questions/statements is "yes", review the policies and procedures and fill out the Speed Hump Application. If you answer "no" to any of these questions/statements or are unsure about any of these questions/statements, please contact City staff at 503.657.0891. Yes No Is the street classified as a residential street or lesser classification in the Oregon City Transportation System Plan https://www.orcity.org/publ icworks/201 3 -transportation -system -Man This street does not provide a transportation service to the community beyond that of simply providing access to the immediate abutting residences. Does the street carry fewer than 2,500 vehicles per day? Does the street have a designated speed limit of 25 mph? Does the street have no more than one traffic lane in each direction? Are 85th percentile speeds less than 30 mph? This street is not designated as a truck route or a transit route. Are the grades on the street less than eight percent (8%)? Does the street have adequate vertical and horizontal alignment and sight distances to allow for safe installation of speed humps? The street is not a primary access route for emergency vehicles. Speed Hump Installation Policy Page 1 of 5 SPEED HUMP INSTALLATION POLICY BACKGROUND Speed humps are an accepted traffic calming device suitable for installation on residential streets in Oregon City. The installation of speed humps has been shown in some circumstances to slow traffic, but is not a guarantee that the street is a safe place for children to play. Streets exist primarily for the passage of motor vehicles; hence residents, both adults and children, should exercise due care when in the roadway. Installation of speed humps on streets other than local residential streets could have potentially severe traffic safety consequences, almost certainly affect emergency services and other service delivery activities, and likely create the diversion of large amounts of through traffic onto adjacent local residential streets, which were not intended for that purpose. Therefore, speed humps will not be considered for streets that are classified as collector streets or higher in the Transportation System Plan (TSP), or which are determined to provide a transportation service to the community beyond that of simply providing access to the immediate abutting residences. The purpose of this policy is to establish the circumstances and criteria under which speed humps will be considered for installation on a residential street. MINIMUM CRITERIA The following minimum criteria shall govern installation of speed humps in the City: • Speed humps will be considered only after other less intrusive traffic calming measures have been rejected as infeasible or ineffective. • Speed humps will be available only on residential streets carrying fewer than 2,500 vehicles per day. • Speed humps will be available only on streets that have a designated speed limit of 25 mph as determined in accordance with State Law, and no more than one traffic lane in each direction. • Speed humps will not be installed on any street where 85th percentile speeds are greater than 30 mph. • Speed humps will not be installed on any street designated as a truck route or a transit route. • Speed humps will not be installed on a portion of any street with a grade in excess of eight percent (8%). • Speed humps will not be installed on any street as to which there is, in the judgment of the City Engineer, inadequate vertical and horizontal alignment and sight distances to allow for safe installation. • Speed humps will not be installed on any street that is a primary access route for emergency vehicles and would cause, in the judgment of the City Engineer, unacceptable delay in response time to emergencies. Speed Hump Installation Policy Page 2 of 5 / As described in the accompanying Speed Hump Installation Procedures, speed humps will only be installed if 100% of the owners of residences immediately adjacent to the proposed speed humps (one vote per ownership) and 67% of the occupants of residences in the neighborhood signing a petition (one vote per dwelling unit) request the speed humps. For this policy the following definitions shall apply: Immediately Adjacent - Any part of a property being located within 50 feet of the location of the proposed speed hump. Neighborhood - All dwelling units which take access from the street with the proposed speed hump, extending in each direction from the speed hump to the first cross street. CONSTRUCTION STANDARDS The installation of speed humps and associated traffic control devices shall conform to City design standards. Speed humps should be installed on logical segments of local residential streets, separated from each other by approximately 300 feet. Logical segments are considered to be segments between arterial streets or between natural discontinuities, such as jogs in the street. Speed humps will not be installed in isolated blocks along a continuous street, or on relatively short (less than 800 feet) cul -de -sac -streets. NEIGHBORHOOD - FUNDED INSTALLATION The Transportation Advisory Committee (TAC) will process requests for speed hump installation in the order received from petitioners that can privately finance the speed hump installation. Once a location has been approved, and only after the petitioners have committed in writing to privately fund the installation, the City will prepare a drawing indicating the number and locations of humps and warning signs. The petitioners may then retain a City approved contractor and install the speed hump, pursuant to City requirements and specifications. Speed Hump projects will be approved in the order received unless the TAC determine that conditions on a particular street, as demonstrated by speed or accident statistics, require that the street be given greater priority. Speed Hump Installation Policy Page 3 of 5 SPEED HUMP INSTALLATION PROCEDURES APPLICATION The TAC's adopted policies and procedures for the installation of speed humps will be made available to all interested parties. A representative of a local residential street, who believes the residents on his or her street will support the installation of speed humps, shall complete a Speed Hump Application (Attachment 1) and obtain signatures from 10 resident/business owners in the vicinity of the problem street. The City Engineer will consult with the Police, Fire, and Planning Departments, as well as the City Manager, in making a determination as to whether the street in question is eligible for further consideration for the installation of speed humps based on the criteria contained in the above speed hump policy. The City Engineer will present his or her findings to the TAC who will make recommendations to the City Engineer, who will then make the final eligibility determination. DETERMINATION OF ELIGIBILITY Upon determination by the TAC that a street is not eligible for speed humps, the representative(s) of the street will be notified in writing of the reason why the street is not eligible. The representative(s) of the street will have fifteen (15) days to appeal the decision to the TAC. Appeals must be timely delivered in writing to the TAC (care of the City of Oregon City, 122 S Center Street, Oregon City, Oregon 97045) and set forth the basis for the appeal. The TAC will consider the appellants' appeal in light of the speed hump policy, and either affirm, reverse or modify their decision. A further appeal may be taken from the TAC to the City Commission, in accordance with the same time and procedural requirements as set forth above. The decision of the City Commission shall be final. Upon determination that a street is eligible for further consideration, the representative of the street will be advised to submit statements of understanding from owners of 100% of the residences immediately adjacent to the proposed speed humps (See Attachment 2) and a petition documenting support of at least a 2/3 majority of the occupants of the residences in the neighborhood requesting the speed humps (See Attachment 3). Only one vote will be counted per ownership and per dwelling unit. SUBMISSION OF PETITION The sponsor of the petition shall contact every resident of the abutting properties on the subject street. If a resident is against the speed humps, the word "opposed" will be noted on the petition signature space. If the sponsor is unable to contact a resident, "no contact" will be noted on the petition signature space with the days and times that contact was attempted. The sponsor must make at least two (2) attempts on separate days and separate times to contact a resident. Speed Hump Installation Policy Page 4 of 5 9 VERIFICATION AND PROCESSING OF PETITION Upon receipt of a complete petition containing the requisite number of signatures, the proposal will be scheduled for a hearing before the TAC, which will make a recommendation to approve or deny the installation of speed humps. The TAC's recommendation will be forwarded to the City Engineer. The decision of the City Engineer shall be final. PRIORITY RANKING Speed hump requests will be prioritized in the order received and approved, unless the TAC or the City Engineer determine that conditions on a particular street, as demonstrated by speed or accident statistics, require greater priority. Approved projects may be privately funded. The City reserves the right to install speed humps without a resident petition, as circumstances require. REMOVAL OF SPEED HUMPS Speed humps installed upon resident petition pursuant to this policy may be removed either by the City upon a determination that the removal is required for public safety reasons, or by petition of a substantial majority (67% or more) of occupants of residences within the same geographic area as petitioned for the humps, requesting the removal. If removal is by petition, the residents shall pay the cost of removal, which sum shall be deposited with the City prior to the removal. Attachments 1. Speed Hump Application 2. Petition Supporting the Installation of Speed Humps 3. Statement of Understanding 4. Speed Hump Specification 5. Sign Assembly Specification 9/3/2019 U:1kgrifTm\TAC \Speed Bump\OC SPEED HUMP INSTALLATION POLICY.doc Speed Hump Installation Policy Page 5 of 5 Speed Hump Installation Policy Speed humps are raised areas in the pavement surface that extend across a roadway. Speed humps create a gentle vehicle rocking motion that causes most vehicles to slow to approximately 15 miles per hour (mph) or less at each hump, and approximately 25 mph to 3o mph between properly spaced humps. Speed humps should not be confused with speed bumps that cause discomfort to motorists and a shock to vehicles only at low speeds. The types of speed humps that are typically installed in the City are: a. Parabolic/Rounded Top Speed Hump — An asphalt hump that is 12' long and has a nominal height of 3 1/2" at its highest height b. Flat Top Speed Hump/Table - An asphalt hump that is 22' long (consisting of a 6' inclined ramp, a io" flat raised flat section, and a 6' declining ramp section) and has nominal height of 4" at its highest height c. Speed Cushion - An asphalt hump that is 6.5' long and 6.75` wide, with an incline/ramp of 24" and a nominal height of 3" Cushions are placed along the roadway in pairs with a separation of 24" to accommodate vehicles with a wide wheel axle base (e.g. boat trailers and cyclists). Eligibility Criteria Neighbor Support Neighbor support for the installation of speed humps shall be documented by a City -conducted notification of all properties with addresses on the road and, when appropriate, the surrounding neighborhood. Neighbor Survey A notification will be mailed out to neighbors who would be directly impacted by the installation of speed humps on a City roadway to determine their preference for speed humps. The City utility billing address database will be used to determine who will be notified. The neighbors contacted will be able to respond via the City website or by phone. The City will require 6o% of neighbors (property owners and/or occupants) responding as minimum support to progress with the speed hump process, which is the same threshold required for utility undergrounding. If the responses do not meet the minimum support threshold, the City will coordinate with proper entities that requested the installation of speed humps. Engineering Study Since speed humps may divert traffic to other streets, an estimate of the amount and location of that diversion will be made so that the potential impacts of the proposed humps may be fully considered. If the humps are expected to create equal or greater traffic problems on another residential street, they will either not be installed, or humps will be considered for the other impacted areas. Street Classification and Use Speed humps will not be installed on any "collector" roads that carry more than 6,000 vehicles per day and will not be installed on any higher category roads than "collectors." Speed humps will not usually be installed on any cul-de-sacs; however, because of the differing types of land uses found on some cul-de-sacs, the City Commission may consider the installation of speed humps on a case-by-case basis. Street Width and Number of Lanes Speed humps will be used only on streets with no more than two travel lanes, or where the overall pavement width is not greater than 40 feet. In addition, the pavement should have good surface and drainage qualities. Speed humps are generally placed in a series of 250 to Soo feet apart, at property lines, to minimize noise. Street Grades Speed humps will only be considered for use on streets with grades of eight percent or less approaching the hump. When installed on streets with significant downgrades, special care shall be taken to ensure that vehicles will not approach the humps at excessive speed. Horizontal and Vertical Curves Speed humps will not be placed within severe sharp horizontal or vertical curves that might result in substantial lateral or vertical forces on a vehicle traveling over the hump. Humps will be avoided within horizontal curves of less than 300 feet centerline radius and on vertical curves with less than the minimum safe stopping sight distance. If possible, humps will be located on tangent rather than curve sections. Sight Distance Speed humps will generally be installed only where the minimum safe stopping sight distance can be provided, as defined by the American Association of State Highway and Transportation Officials in A Policy on Geometric Design of Highways and Streets. Traffic Speeds Speed humps will generally be installed only on streets where the posted speed limit is 35 mph or less. Speed humps will be carefully considered on streets where the majority of vehicles travel at relatively fast speeds, such as 45 mph or greater. Installation of speed humps will be considered on roads where the 85th percentile speed (average of both directions) is at least 8 mph above the posted speed limit. Funding may be extended to include roads that are expected to have traffic diverted to them as a result of speed hump installation. Traffic Volumes Rounded profile or flat top speed humps will be considered for installation on streets with an average daily traffic volume of between 450 to 3,000 vehicles per day. Traffic Safety Proposed locations will be evaluated to ensure that installing speed humps will not introduce increased accident potential. Vehicle Mix Speed humps will not normally be installed on streets that carry significant volumes (greater than five percent) of long wheelbase vehicle Y emergency routes unless there is a reasonable alternative route for those vehicles. Special consideration will also be given to motorcycles, bicycles, and other types of special vehicles that use the street. The impacts that speed humps might have on these individual vehicle types will be considered in the decision to install humps and in their design and location. Transit Routes Speed humps will not generally be installed along streets with established transit routes. Schools and Parks If a street is immediately adjacent to a school or public park, at least 30 percent of the traffic must be traveling at or above the posted speed limit and the 85th Percentile Speed (average of both directions) is at least 6 mph above the posted speed limit. Emergency Response If the street is a primary or secondary route for emergency response vehicles, the Fire -Rescue Department will be contacted. If the Fire Rescue Department objects to the installation of speed humps on the street, the City Manager shall make the final decision. Payment for Speed Hump Installation Speed humps that meet the criteria will be funded based on available City funding. Other Considerations Speed humps may be considered in neighborhoods that have completed a comprehensive planning study such as a Neighborhood Mobility Masterplan. This consideration could be in lieu of meeting the speed and volume thresholds based on Transportation and Mobility's determination that it does not impact the overall roadway network. 2/3/2017 City of Los Angeles Department of Transportation SPEED HUMP EVALUATION GUIDELINES The installation of speed humps is intended to reduce incidences of excessive vehicular speeding on residential roadways. These guidelines shall be used to determine whether or not speed humps may be installed based on criteria for justification, feasibility, effectiveness, and impact. Speed humps may be installed as part of a variety of programs or projects, including: the Citywide Speed Hump Program, a comprehensive neighborhood traffic management plan, an approved land development mitigation project, ora capital improvement project. These guidelines may be updated and modified periodically to address community, safety, and street operation needs. The Department of Transportation is continuing to study the effectiveness of its speed hump installations and may experiment with alternate designs and applications, A speed hump is deemed appropriate and feasible for installation when all of the following conditions have been properly considered: illeM• DESCRIPTION Street Type Speed humps shall be installed only on designated residential Local or Collector Streets, as shown on the Highways and Freeways Element of the General Plan for the City of Los Angeles, when they meet all of the other approval guidelines. Speed humps should not be installed in front of commercial property. Speed humps should not be installed in alleys. Traffic Volume On streets with traffic volumes between 1,000 and 4,000 vehicles per day, 12 -foot -long speed humps may be recommended. The 22 -foot -long speed hump may be recommended on streets with volumes greater than 4,000 but no more than 10,000 vehicles per day. Additional traffic volume studies and a circulation analysis may be conducted for streets with traffic volumes between 4,000 and 10,000 vehicles, in order to assess the potential impacts of traffic diversion to surrounding streets. Roadway Visibility Speed humps shall not be installed on street segments with severe vertical or horizontal curves. Speed hump installations shall be visible to oncoming motorists for a minimum of 150 feet. Roadway Grade Speed humps shall NOT be installed on a street segment with a roadway grade greater than seven percent. On a street segment with roadway grade of five percent or less, 12 -foot long speed humps may be installed. On a street segment with over five percent and up to seven percent of roadway grade, the 22 -foot long speed humps may be installed. Street Drainage Speed humps should not be installed on streets with drainage gutters that are in the center of the roadway (such as in alleys), or on streets with drainage or flooding problems. Number of Lanes Speed humps shall not be installed on roads striped with more than one through lane in each direction. Study Segment The length of the study segment should be the distance between controls such as stop signs and traffic signals that are existing or imminent (authorized but pending installation) and not less than 600 feet. Unless it is at least 1,000 feet long, the study segment should not terminate in a cul-de-sac or street closure at either end. Speed Hump Evaluation Guidelines 1 2/3/2017 CRITERIA DESCRIPTION Street Use Speed humps shall not be installed on designated truck or transit routes or on any street identified as a primary emergency route by any emergency response agency. Speed humps shall not be installed immediately adjacent to a hospital, fire station, or police facility. Possible secondary emergency routes (usually the primary collector streets through residential neighborhoods) that are at least 2,000 feet long and without any adjacent parallel route should be identified and impact to emergency response vehicles should be assessed with LAFD. Speed Limit Speed humps should not be installed on streets with speed limits greater than thirty (30) miles per hour as determined in accordance with State law. Critical Speed Speed humps may be installed only on street segments where the measured 85`h percentile speed (the speed at or below which 85% of vehicles travel) is greater than 30 miles per hour] on streets with a speed limit of 25 miles per hour or greater than 35 miles per hour on streets with a speed limit of 30 miles per hour. Physical Conditions Speed humps shall not be installed in front of driveways, over underground access covers, or adjacent to catch basins or drainage structures. Other Considerations The Los Angeles Department of Transportation will make an engineering evaluation of all pertinent safety factors, including any not specifically addressed here before making a determination on the installation of speed humps. Speed Hump Evaluation Guidelines 2 Fact Sheet SPEED HUMPS WHAT ARE THEY? Speed humps are a safety device designed to slow down vehicle s keep you safe on residential streets. LADOT has a goal to eliminate fatalities and speed humps are an essential tool in this effort. Spe are rounded raised areas of asphalt constructed across the width The speed hump extends 12 feet wide (or 22 feet depending on ti The height at the highest point is usually 2 or 3 inches high. ADVANTAGES • Speed humps are an effective tool to reduce unsafe speed • Most drivers will slow down to avoid jarring their vehicle • Installation does not require the removal of parking spaces DISADVANTAGES • Speed humps may create noise when vehicles travel over the speed humps • Speed humps may increase emergency response time, as emergency vehicles have to slow • Residents living on the block will be the ones driving over the speed humps most frequentl\ • Installation may require placement of the speed hump and/or signs in front of someone's h CONSIDERATIONS LADOT staff will investigate the following considerations before installing speed humps: • Speed humps can only be installed on streets that have a single travel lane in each directior only be installed on local or collector streets. • Speed humps cannot be installed in areas where there is any commercial frontage (e.g., sto offices). • Speed humps can only be installed on streets with speed limits of 30 mph or Tess. • The average daily traffic (ADT) volume on the street should be greater than 1,000 vehicles K (VPD), but not more than 10,000 VPD. • Humps cannot be installed on designated truck or transit routes or on any street identified emergency route. • There should be a minimum of 600 feet between controlled intersections, where at least tv humps can be installed. • There should be a maximum street length of 1300 feet for the initial petition or else traffic to adjacent streets that also might be residential streets, causing unwanted consequences. • Humps should not be installed on streets where there are known drainage/flooding issues. • Humps cannot be installed on horizontal curves where visibility is less than '150 feet. • Speed humps cannot be placed on streets that have a grade greater than 7%. Fact Sheet The speed hump at the top of this image is visible from the "HUMPS" marking at approximately 200 feet away. Humps cannot be installed on horizontal curves where visibility is less than —150 feet. This speed hump is located on a section of the block where the grade is less than 7% but as far up the hill a possible. Speed humps cannot be placed on streets that have a grade greater than 7%. REQUEST AND APPROVAL PROCESS Step 1. Online REQUEST during open application period - A Representative for the street shoulc at http://ladot.lacity.org/how-do-i/request-speed-humps to find the next available open applical to apply for speed humps on their block. (This is to maximize efficiency with limited LADOT staff. Step 2. APPLICATION - A Block Representative submits a "Step 2" Application for Study with 10 from residents on the block, or signatures representing at least 50% of all addresses on the block is less. This is to ensure support on the block, which will help later on with Step 3, which is a reqs After the "Step 2" application is received, LADOT will conduct a study to determine whether speec feasible and justified based on technical criteria and rank your area with —500 others during that Step 3. SURVEY of Residents — LADOT will notify you within 6 months of you completing Step 2 AREA 15 FOUND FEASIBLE. At that time, the Block "Rep" distributes a survey form to each resides collects signatures verifying receipt of the survey. Residents then send in the completed survey fl LADOT by the assigned deadline. Because the installation of speeds humps will directly affect t residents within the block, a minimum of two-thirds (66.67%) support is required for final implementation, verified by a survey of the residents. Step 4. Approval & Construction - LADOT deems a request approved for speed humps if it has rr criteria and prioritizes approved locations for construction. Speed humps, warning signs, and pati markings are placed in accordance with requirements, which may end up in front of a property tl support speed humps. Oakland Department of Transportation APPLICATION FOR SPEED BUMP INSTALLATION ADVANTAGES AND DISADVANTAGES OF SPEED BUMPS Advantages: • The overall speed of traffic is reduced near speed bumps. • Speed bumps create an impression that discourages speeding and "cut through" trafficking. • Speed bumps are self -enforcing. Disadvantages: • The response time for emergency vehicles may be increased by speed bumps. • Some residents may object to the visual impact of speed bumps—the signs and the markings that accompany them. • There will be an increase in vehicle emissions and noise near speed bumps. • Inconvenient access as a result of speed bumps may be imposed on some parts of the neighborhood. • Speed bumps may displace traffic to neighboring streets. • Although speeds will be reduced immediately next to them, drivers tend to speed up after passing or traveling between speed bumps. REQUESTER INFORMATION A. Location Please provide the name of the street block to be considered. Indicate the boundaries of the block by identifying the intersecting street on each end. A separate application is required for another block. Street Name: From: To: B. Contact Information Each application must contain a contact person who will receive all correspondence from the City and be responsible for gathering evidence of support when requested. Name: Email Address: Address: Zip Code: Daytime Phone #: Additional Phone #: C. Concerns Please tell us about the specific concerns you have for this segment of the street. NW I 1II,1T :1FtLIt RE( t-11 I\t, A Q1 )1.IF\ IM; I°l'. I 1110\ HIE CIT1 1111.1. t (r\1)1 t I \ 1\'1 I t HON 10 I)l 1 Fl{.111\I. IF SPEED III \IPS ARE 1 1..1S1111.1.. 1 11)I•:KSIANI) '11I:AT 1)1 P. TO LIMI71 I) 11 \I)'. 1IIF• ('I'I'I 1\\0I t:1 1KANTEE INS! •\I.t.A-I I4)\ t)I 1\1 111 )I1'S I:1'EN IF AL1. t'Iff TF:('IINtt 11. 1(1 (,)1. IId( \II \FS %III )11 1 :\1N1) A ()FA! I1.1 INA, 1°I 111 It)\ til 11\111 111). September 2015 INSTRUCTIONS FOR COLLECTING SIGNATURES FOR A SPEED BUMP PETITION In order for the Oakland Department of Transportation (OakDOT) to evaluate your petition without undue delay, please do the following: Include your name, mailing address, and telephone number on the petition so we can contact you. Also, remember to sign the petition. 2. List all the addresses on your street including those whose signatures could not be obtained. Include all corner properties even if the property's address is on the cross street. 3. List each unit separately in a multiple housing complex (apartment, duplex, four-piex, etc.). Obtain a signature for each unit. EXCEPTION: an owner or manager of a multiple housing complex can sign for the entire complex. Please indicate if an owner/manager has signed for the entire complex. 4. Write "Vacant" in the "Name" column if you know a dwelling is unoccupied. 5. Signatures are required representing at least 67% of the addresses within the block defined. 6. Photocopy the enclosed petition form if you need additional forms for signature, Also, keep a copy of everything you send to OakDOT. 7. Send your completed petition to: Oakland Department of Transportation 250 Frank Ogawa Plaza, #4344 Oakland, CA 94612-2033 Authorization 1. 1 understand that for a street to qualify for capital improvements, the street must: • not be on an emergency route and have the approval of Oakland Fire Services; • be classified as a local/residential street; • be no wider than 40 feet from curb to curb; • have no more than two lanes of travel (one in each direction); • be relatively flat with a grade not exceeding 7%; • have a speed limit of 25 mph and an 85th percentile speed of at (east 32 mph; • not be on an AC Transit route; • not be a dead-end street; • have a block length of at least 300 feet. 2. I understand that in addition to submitting this application, 1, or a block representative, will circulate an official petition form among the residents on the subject block. A qualifying petition requires signatures from a minimum of 213 (67%) of the addresses on the block. 3. 1 L\1)FRSI .1NI) THAT AFL'ER 1 RI. 1 I RN "HIE .' PPI.I( 11 ION ANI) QLi 11.IFYIN(: PETITION, THE Cal WII.I. CONDI ( 1 1\ I\'iPt:('TIO\ TO 1)1 1 l R\II\t IF BE \1P(S) ARE 11:.\SIHI.1 . I UNDERSTAND TIIAT DUE TO 1,I)111 IA) 1 1 :\I)S, 711E CII 1 CAN") f ( I \R 1ti IFTI INS I .'.Ii HON OF ANN 'POOLS EVEN IF ALL THE. TFC 11\ It XI. REQUIREMENTS ,1RF 1i 1:1 1\I),1 Q1 1I.I11I\(. 11E11F1ON ISSLtBNII`ITEI). 4. 1 agree to be the contact person of the above request. [Name] Signature: Date: September 2015 PETITION FOR THE INSTALLATION OF SPEED BUMPS TO: Oakland Department of Transportation 250 Frank Ogawa Plaza, #4344 Oakland, CA 94612-2033 PETITION SENT THROUGH OAKDOT REPRESENTATIVE. IF YOU ARE NOT SURE, PLEASE CONTACT US AT (510) 238-3466. OYes, sent by OakDOT Staff Initial: Date*: The undersigned residents of properties on and (Name of Street) Petition submitted by: Name: between the intersections of (Name of Street) (Name of Street) hereby request the installation of speed bumps in the above street segment. Address: Phone#: Address (Include Unit #) Name (Please Print) Signature** Daytime Phone# * Residents have up to six months from this date to tum in a qualifying petition. ** By signing this petition, 1 acknowledge that I have read and understood the "Advantages and Disadvantages of Speed Bumps" on the reverse, and I agree to the installation of speed bumps listed for the above street segment. September 2015 Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P. 573.634.6410 • F: 573.634.6562 • www.ieffersoncitymo.gov Date: February 4, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer Subject: Adams Street Sidewalk As requested by the Committee, Staff is providing information concerning sidewalks on Adams Street in the area of the Hickory Street Park. Currently Adams Street has sections of somewhat discontinuous sidewalks. On the eastern side of the street the sidewalk runs through the 600 and 700 block but is absent in the 800 and 900 block except for the southerly most 100 feet. The sidewalk then continues through the 1000 block and the first 140 of the 1100 block. On the western side of the street sidewalk exists in the southern half of both the 600 and 700 blocks but is non-existent though the 800 and 900 blocks except for a section that is 50 feet long approaching Tyler Street. The sidewalk continues on the other side of Tylor for 280 feet at which point the sidewalk ends. In all there is 2,866 feet of sidewalk along this corridor, with 1,636 feet located south of Dunklin Street. The condition of these sidewalks is fair to poor with the exception of the sidewalk in the 600 block adjacent to the Employment Security building, the section along the Hickory Street Park, and in front of 1001 and 1002 Adams Street which is in good condition. Using the Hickory Street Park as the focal point, a plan was developed to install new sidewalks and replace the sidewalks in poor condition between Dunklin Street and Union Street except the eastern side of Adams from Woodlawn to Union because of the potential redevelopment of that area by the School District. In total 3,560 feet of sidewalk were considered at an estimated cost of $270,000. Drawings showing these sidewalks are attached. If you have any questions I can be reached at 634-6433. DB:db U:1PublicworkslEngineeringldbangelPUBLIC WORKS & PL4NNING1202012-20201Adams Street Sidewalk.docx Dun lin Street Tyler Street Hickory Street Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffersoncitymo.aov Date: January 9, 2020 To Public Works and Planning Committee From: David Bange P.E., City Engineer )-N) Subject: Revisions to Chapter 32 of the City Code Staff is requesting that the Committee review the proposed changes to Chapter 32 of the City Code and recommend them to the City Council for approval. In May of 2019 the Committee was presented with a number of proposed changes to Chapter 32 of the City Code. Since that time the proposed changes have been reviewed internally and a summary of the major changes are enumerated below: Existing Article 1— This section has been moved to Article VIII and received some minor changes including the removal of references to misdemeanors, removing the section on pedestrian control signs which is already covered in Chapter 19 of the Code, and the removal of the section pertaining to water utilities. Changes were also made to privately owned lights, and the lighting of obstructions on the street. Proposed Article I — Livable Streets: In 2011 the Council passed by resolution a Livable Streets Policy which indicated that the City shall consider standards, regulations, and ordinances that further the ideas of Livable Streets. This section is a reflection of the principles outlined by that resolution. Existing Article II — Except for the section pertaining to Special Assessments which was moved to Article VII, the whole of this article was deleted since this language has long since been replaced by the Purchasing Code of Chapter 26-A. Proposed Article II — This is what had been Article III pertaining to street improvements. The major change to this article includes the removal of the specific construction and material specifications for street construction and replaces them with a reference to the Standard Construction Drawings and Technical Specifications. This eliminates discrepancies between the documents and allows for updates as the construction industry and products change. It also removes language that pertains to the bidding process as this is now covered in Chapter 26-A of the Code. Proposed Article III — This article pertains to sidewalks, and had been Article IV. As with the article on streets the construction and materials section was replaced with references to the Standard Drawings. Deletions have been made to the responsibilities of owners and one section of the deferral process, as well as language that is now covered by purchasing. The Sidewalk Repair Program and the U:\Public WorkslEngineering\dbange\PUBLIC WORKS & PLANNING 1202012-20201Chapter 32 Code Changes.dacx Memorandum Neighborhood Improvement Program which had been separate articles have been made divisions within this article with minor changes to the former pertaining to the required budget actions by the Council. Article IV — This article pertains to excavations within the right of way. Apart from minor changes to the permitting process the main change is the removal of all technical requirements enumerated in the Code and their replacement with reference to the Standard Construction Drawings as was done with the articles on streets and sidewalks. Proposed Article V — This was Article VI and deals with driveways and curb cuts. As with many previous articles the construction requirements have been removed from the Code and replaced with the standard construction drawings. The driveway widths have been updated to match what is allowed by Chapter 33 of the Code. Antiquated processes regarding permitting have been modified or removed. Proposed Article VI — Ancillary Uses: this article combines what had been a number of separate articles within the Code into a single article since they all pertain to special uses of the right of way and infrastructure. Apart from being moved and rearranged no changes were made to the language now contained in this section. Proposed Article VII — As indicated previously Article VII pertains to special assessments and remains the same except for its location within the chapter. Proposed Article VIII — Apart from the modifications indicated previously this is for the most part what had been Article I. You may recall that in November the Committee was made aware of the impending issuance of revisions to the Standard Construction Drawings. These revisions were published and made effective on January 1, 2020. The technical specifications were also revised and released on that date. The development of those two documents went hand in hand with the changes that have been proposed within Chapter 32 of the Code. This means that the construction and material specifications contained within the current Chapter 32 are at odds with what is contained in the standard drawings and technical specifications. This is not a new phenomenon but is now more pronounced given the continued aging of the code language. Approval of these changes will also create the need to revoke Ordinance 7438 which set the previous standards for drive approaches and driveways. In the attached code document proposed language is shown in Blue Underline, deleted language is shown in Red Striketh eugh or - - - and relocated language is shown in Italie. If you have any questions I can be reached at 634-6433. DB:db U:\Public WorkslEngineering\dbange\PUBLIC WORKS & PLANNING1202012-20201Chaptes 32 Code Changes.docx RESOLUTION RS 2011-33 Sponsored by Councilman Scrivner A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI ADOPTING A LIVABLE STREETS POLICY WHEREAS, the City of Jefferson is committed to providing a safe, comfortable, efficient, and connected transportation network for all users; and WHEREAS, everyone is a pedestrian, but youth, older citizens, and citizens with disabilities often rely on non -motorized modes, transit, and mobility aids to meet basic transportation needs; and WHEREAS, the City desires to promote public health by encouraging walking and bicycling as part of active living; and WHEREAS, the City desires to promote not only quality of life for residents, but quality of place for tourists and visitors to the Capital City, irrespective of mode of travel, realizing that all will benefit from complete or "livable" streets; and WHEREAS, the City previously adopted the Jefferson City Sidewalk Plan, which recognizes the contribution of sidewalks to the transportation network. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson, Missouri, as follows: Section 1. Title This policy shall be known as the "Livable Streets Policy." Section 2. Purpose. The Livable Streets Policy sets forth guiding principles and practices to be considered in transportation projects, so as to encourage walking, bicycling, and transit use while promoting safe use and operations for all users. Section 3. Definitions. Livable Street — means a transportation corridor for all users including pedestrians, bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated to safely facilitate movement of 1 people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements — means transportation improvements, facilities, and amenities that accommodate and/or promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars, trucks, motorcycles, and buses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association. Public Improvement Project — means new roads, trails, sidewalks, and facilities or reconstruction thereof, as well as private improvement projects constructed and/or maintained in whole or part with City funds, owned or leased by the City and/or intended to be dedicated to the City. Section 4. Applicability. 1. This policy applies to the design, construction, and maintenance of Public Improvement Projects. 2. The City shall consider public plans, standards, regulations, and ordinances that further this Policy. Section 5. Guiding Principles. Guiding principles and practices of the "Livable Streets Policy" are as follows: 1. "Livable Streets" are designed to serve everyone — pedestrians, bicyclists, transit riders, and motorists — and persons of all ages and abilities. 2. The design and construction of all Public Improvement Projects should include Livable Streets elements identified in and required by the following plans, except as limited by Paragraph 3, below. a. Public plans; b. Capital Improvement Plan adopted by the City Council; c. Development codes and ordinances. 3. Livable Streets Elements should be considered within the balance of mode and context of the community, including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space, and area requirements and limitations, and legal requirements and limitations. 4. The City intends to incorporate Livable Streets principles into all public strategic plans, standards and regulations, and subsequent updates, including a. Comprehensive plan, neighborhood plans, Greenway Plan b. Development related codes and ordinances, including the Zoning Code, Subdivision Code, and other relevant codes, c. Capital Improvement Plans adopted by the City Council d. Design manuals, e. Policies, practices, procedures, programs, rules, and training, as directed by the City Administrator 5. It is a goal of the City to foster partnerships with the State of Missouri, Cole County, Callaway County, Capital Area Metropolitan Planning Organization, Lincoln University, public and private schools, neighborhoods, businesses, and citizens in consideration of functional facilities and accommodations in furtherance of the City's Livable Streets Policy, and the continuation of such facilities and accommodations beyond the City's borders or maintenance. 6. The City recognizes that Livable Streets may be achieved through elements incorporated into a single project or incrementally through a series of improvements or maintenance activities over time. 7. The City will consider possible funding sources to plan and implement this policy and shall investigate grants that may be available to make Livable Streets more economically feasible. Section 6. Livable Streets Summary. 1. A summary or description of the Livable Streets Elements of all Public Improvement Projects shall be included in: a. The Capital Improvements Plan; and b. The development review report of any private development plan that requires City Council approval. 2. If a Livable Streets Element identified in and required by adopted public plans or development related ordinance is not incorporated into the project, such omission shall be documented in the Livable Streets Summary that demonstrates: a. That the accommodation is not necessary because non -motorized use is prohibited; b. That the cost of accommodation is excessively disproportionate to the need or probable future use; or c. A documented absence of current or future need. d. Documentation shall be conducted by appropriate staff; or for private projects, the owner shall conduct the documentation. e. The documentation shall be submitted to the City Administrator and/or the City Council, as appropriate, for consideration prior to approval of project design. 3 Section 7. Livable Streets Advisory Board. A Livable Streets Advisory Board shall be established. Adopted this 21st . - , of November, 2011 Eric J. rae '• ,S ayor ATTEST: APPROVED AS TO FORM: Interim City Counselor 4 Chapter 32 _ STREETS, AND SIDEWALKS, AND RIGHT-OF-WAYIr1 Footnotes: --- (1) --- Cross reference— Definitions and rules of construction generally, § 1-2, certain ordinances relating to streets saved from repeal, § 1-3(3), posting of bills or notices on public property, § 18-225. placement or operation of mechanical amusement devices on City property, § 18-226, benchmark and grades. § 25-1, street and house numbering, § 25-31 et seq., stormwaterlfloodplain management, ch 31 State Law reference— General authority aver streets, sidewalks, etc. RSMo § 77 520. ARTICLE I. - GENERALLY Sec. 32-1. Intent and Purpose The public right-of–way shall provide for a safe, efficient, connected, integrated, and accessible transportation network for users of all ages and abilities including motorists, transit users, bicyclists, and pedestrians that enables mobility, promotes economic vitality, supports healthy and connected living, and is a source of civic pride. Sec. 32-2. Definitions Livable Street – means a transportation corridor for all users including, but not limited to, pedestrians, bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated to safely facilitate movement of people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements – means transportation improvements, facilities, and amenities that accommodate and/or promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars, trucks, motorcycles, and busses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association and may include, sidewalks, side paths, crosswalks, transit turnouts, transit shelters, bike lanes and bike paths, lighting, landscaping, curb extensions, calming devises, and street side amenities. Public Improvement Project – means new streets, trails, sidewalks, crosswalks, cycling infrastructure and facilities or the reconstruction thereof, as well as private improvement projects constructed andfor maintained in whole or part with City funds, owned or leased by the City or intended to be dedicated to the City. Sec. 32-3. Applicability Livable Streets Elements shall be considered in the development of all public improvement Proaects including: A. Capital Improvement Plans; and S. The plans of any private development that require City Council approval or which include improvements on the right of way. Sec. 32-4. Guiding Principles Livable Streets Elements should be considered within the balance of mode and context of the community, including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space and area requirements and limitations, and legal requirements and limitations. The City recognizes that Livable Streets may be achieved through elements incorporated into a single project or incrementally through a series of improvements, or maintenance activities, or over time. Sec. 32-5. Requirements If a Livable Street Element identified in or required by an adopted public plan or development related ordinance is not incorporated into the public improvement or development, such omission shall be documented and shall demonstrate: A. That the accommodation is not necessary because the proposed use is prohibited; B. _ That the cost of accommodation is excessively disproportionate to the need or probable future use: or C. A documented absence of current and future need. Documentation shall be produced by appropriate City staff or their consultants for CIP projects or for private projects, the owner or his consultant shall provide such documentation. The documentation shall be submitted to the City Administrator or his designee for approval or denial prior to project approval. Secs. 32-6 32-9. Reserved A - ""EN; 'T -R -,1 -TS AND PRQGE-OUR��SrMt-GENERAL DIVISION 1. GENERALLY Sec. 32 24. Construction contracts and bonds. Every contrast-for-an-y-wer-k-santeeaplated in -tis -chapter shall -state -that the war; -shell done uncle e-siper ision-of-the Director-of-P-u-blis-Works, and -in accordance with the-provisions-of-this-.-Gode and other ordinances covering such work and the -plans and cpecificatlons therefor. The contract shall -be made in du plicate and- signed bfie-Mayor in -behalf -of -the City, and -filed -in -the -office of the City Clerk. The contract shall -specify -hew -the payment for -the -work shall -be -made -and -when the -payment -for for the work shall be made. When the payment -is -to be made in -special tax bills, the -contract shall stipulate that the-Gityy-shall-under no--cir-eumstancos--be-liable-to-pay for thework, except-by-specialt, �nx bills -The 6ontr-actor-shall-be-required to -ewe^ bond-to-tdeally-t �f, h-approved-sesurity-in-aR-emeunt-at-leastas much as the ostimated.eost f-tl}e-work nditioned-that-the-eentrestor-shall faithfully perform all -the sanditions and obligations of the contract `'nd-that, in -tile -doing of e-work-the-oontfae#av-will-eomply-with the -laws -of -the -State and this -Code and other ordinances of the City -relative- hereto nd--save the -City harmless from -all damagesthatmay be Gassed-to-persons-or—properly by -the -contractor in the -doing -of the work, and -that -the -contractor -shall pay for -all -labor -and materials -employed or used in the -work provided for in -such contract, T -ie contractor shall net-be-permitted-to-perfe ' - _- - - ork until sa- uch-bond-shl-iave been -duly executed -and -approved. In cases wh - : _ _ •_ =4e -or any other ordinance-previding4er any-street-improvementP, opo idemthat-the-contractor shall guarantee that the -work will -Fast for a definite period -o tirnc, and -that sash -work -shall be-kept-in-repai,-the-contraoter shall -also -be -regain=ed to execute an additional bond by-a-solvent-sur-ety-company--to--the- 4ty-+nen-amount at leas+ „no th-rd of-the-amount-ef--the-est-rnated-oostof-he work, conditioned -lnaccordance with -the requirements -of -such provision-of-th-is Code another--ordinan-se-with-reference-to maintenance. All contracts -and bonds shall -be prepared -by the City Caunceler-and, after being execu ,-.est be submitted -to -the City Council -for their approval. If—the—Council disapproves of any contract -or bond, another bond or -contra in a rdanee with -the demands of the Council, shall be immediately prepared by the City Counselor in I eu of the one -which -has -been -disapproved. Contrasts -or -bonds -may be approved- by the -Council by --motion duly -adopted. - (Code 1977, § 33 33; Ord. No. 13301, 11 5 2001) Sec. 32 25. Contractors to cap;-. ,i-abtht °-in Bance Contraetorswho-da--work for-the-Gity-shall-bc required -to -take -out -or -carry liability -insure -nee in aceordonse--with-The Workers' Corn+pensatien--l=aw. (cede --1-9-77, § 33 311) State h a,:. efeFence The Workers' Compensation Law, KSMo ch. 287. Sec. 32 26. Contractor to pay for City engineering services. A. Whenever -the Council shall -lei -a contract -for -public -work -under competitive --bidding, the successful bidder -shall -pay -to -the City -clerk -the following sums -or amounts -for engineering ser -iscs performed by-the--Department-of Public -Works. 1. A contract for street improvements, street r -pairs or reconstruction work, two -per f - ie amount of-the-bid- Uporra eentr-act for -the const-tnuation-=building, repair-retrifercement or construction of a sewer, tie oust -of the bid- Upon contracts for all other public works for which -services -have -been performed by -the Department of Public Works, -two -percent of the amount of the bid. B. The amount -specified -in subsection A -of -this section shall -be -paid -to -the City Clerk before the tax bills are issued or -any -money paid by the-City-te4he-aentractor-for-the-work done -No -tax bills shall be -delivered -to the contractor, and no meney-shall-be-paid to the-eontraeter--until-the entire amount due under -such centFaet for -engineering services shall -have been --paid to the City Clerk - (Code 1977, § 33 35; Ord. No. 13301, 11 7 2001) Secs. 32 27 32 37. Reserved. DIVISION 2. ARTICLE IIr. - STREET IMPROVEMENTS DIVISION 1. - GENERALLY Sec. 32-10. — Construction Standards The Public Works Director is authorized to promulgate the Standard Construction Drawings and the Technical Specifications for the City of Jefferson and to update said drawings and specifications as deemed necessary. All construction within the public right of way, and any construction which will be turned over for public maintenance, shall adhere to the standard details contained in the City of Jefferson Standard Construction Drawings and Technical Specifications of the City of Jefferson. Sec. 32 54. Construction material speeg-ications. The -materials used-in--the-sonstructiorr--of concrete paging-;dev arks; curbs -and -gutters, in addition to -the -requirements set -out -in the-ord-i-nanoec effecting—the respective provements shall -conform -to the following -regulation s: A-,--4 hhe- sent shall -meet the- requirements of -the standard specifications ter -Portland cement; adopted- by the -American -Society -for Testing -Materials as of the adoption date --of this --Code. When -the- cement -4s inspected at -the dace of manufae,ture-, it shall be stored a sufficient length -of -time -te- permit #fie-+nspestien and testing. The -Department of Public Works shall be notified of the receipt of each shipment of cement. Fine aggregate shall consist of and-or--screen4-n ; lean; hard, durable crushed rock -or gravel -consisting of q artzite grains or other equally ha _ • _ - _ _ . - _ e.. •c to coarse, with the coarse particles-predeaa-mating,-and-passing eR-d a -screen -ha ing ens-feu#h-in h openings. Ft -shall -be -clean, hard, and free from dust, loam, vegetable or other deleterious matter. Not mere than -20 -percent -shall pass a sieve having 50 m- • - - - - , - - - mere- than -five -percent shad pates a si- - _ 11 •• • - per linear inch. Fine aggregate containing more than three percent of clay- or loam--shall-be-washed-hefere-using-Fine aggregate - - . - _ _ • ••ortar-composed-of-one-percent Portland Cement and -h strength at least equal to the strength of one to three -mortar of the same consistency made with the-samese enf-and-standard-Ottawa -1-n no cis- _ onta�ns ,ns frost or G- Coarse aggregate -shall consist of clean, hard, durable crushed rock or washed gravel, graded free from dust, loam-,--vegetable-or other --deleterious matter nd-shall &ontain ne—soft, flat -or elongated partieles- -hc size -of -coarse aggregate-sh-a-Il be such as to pass�nemone alf i eh- o :n-d-epening and-be-retained-en-asa screen -ha ng-one—qarter-inch openings. In no case shall searse aggregate contain+ng-fro . _ • • - - ec used. Es--Natu-r mixed -aggregate -shall net -be used-as-it-cornos from deposits a —shUbc screened and used as specified. Water shall be clean, free from-oil-aeid a kali-er-vegetable-matter F. Concrete pavements 20 feet or morn idth shall be reinforced -with -metal fabrics -All nc}-excessive-st, scale, pain - - - - - - -- shall tend to destroy the bond. All reinforcements shall develop an ultimate tensile strength of not less than 70,000 pounds per square inch -and -bend to 180 degrees around -erre diameter ancrnd str ght ithout fracture. (Code -1977, § 33 16; Ord. No. 13301, 11 5 2001; Ord. 11977, § 5, 5 21 2012) Secs. 32 55 32 66. Reserved. DIVISION 2. - COUNCIL RESOLUTION, ETC. Sec. 32-6.11. - Generally. When the City Council shall deem it necessary to pave, macadamize, gutter, curb, grade, oil or otherwise improve the roadway of any street, avenue or alley or other highway, or any part thereof, or to repave or reconstruct the same, for which a special tax is to be levied as provided in this article, the Council shall, by resolution, declare such work or improvement necessary to be done, and shall cause plans and specifications for such work and improvement, together with an estimate of the cost thereof, to be prepared by the Director of Public Works and filed with the City Clerk, subject to the inspection of the public, and shall cause such resolution to be published in the newspaper doing the City printing, for two consecutive insertions in a weekly paper or seven consecutive insertions in a daily paper. If a majority of the resident owners of property liable to taxation therefor at the date of the passage of such resolution, who shall own a majority of the front feet owned by residents of the City abutting on the street, avenue or alley proposed to be improved, shall not, within ten days thereafter, file with the City Clerk their protest against such improvements, the City Council may, by ordinance, provide for the making or construction of such improvements and shall have the power to cause a contract to be left for such work or improvements. (Code 1977, § 33-13; Ord. No. 13301, 11-5-2001) State Law reference- Similar provisions, RSMo § 88.520. Sec. 32-6512. - Streets, etc., not more than 1,200 feet in length. A—When the City shall deem it necessary to pave, macadamize, gutter, curb, grade or otherwise improve the roadway of any street, avenue or other highway not more than 1,200 feet in length, so as to connect with paved, macadamized, curbed, graded or improved streets at both ends on the same or other streets, the Council shall, by resolution, declare such work necessary to be done and shall cause such proceedings to be had as in section 32-6711; except, that no protest may be filed. The resolution shall be passed and published as provided for other resolutions in this article and shall state the fact that anyone desiring to do so may appear before the Council, at the place and at a time certain specified in such resolution, and be heard on the question of the necessity of the work sought to be done. At such time and place the Council shall convene in regular or adjourned session and hear anyone who desires to be heard on such question and shall thereafter by resolution state the result of such hearing to be a reaffirmation of the necessity for the doing of such work or the contrary, as the fact may be. If no one appears or the Council reaffirms the necessity of the doing of such work, the Council shall proceed under the terms of sections 32 67 11 and 32 69 -in the same manner as is therein provided when the abutting resident owners fail to file a sufficient protest. The work shall be done in the same mariner and constructed of the same materials as one or both of the improvements on the streets, avenues or highways to be connected, and only such work may be done as will connect similar work on such streets, avenues or highways. _I—Subsection A shall-net-apply-t©-arty--extension-of West-MaG,araty-Street to -be -made -over, upon -a through tot Number -7 -of --Vista Place Addition, and -for amy-sucta-ex-tension of 'AWect MaGar 4reet over or through such lot, and -the improvement thereof, the City Council shall -proceed -under the provisions-of-sestien 3267-so-este-provide-for any effective -protest by resident owners of pfoperty Iiable to -taxation therefore (Code 1977, § 33-14) Sec. 32 63. Ad ng -bids; -away -ding contracts. When the City CouanG-sha-t4-enaet-an-eldinance providing for the making of -any -of -the -improvements meati^ ed--in-section--6it„ rr . lee --un1 -s otherwise directed -by the Council, shall immediately -thereafter -advertise for bids fortne doing -of the work in the -newspaper -doing the -City printing. Such-advertisement-&hall-bc published -for at least -one week -and shall briefly state the -kind -of work to be done, +zhe-titin-whieh-bide will -be -received -how-payment-will-bc made and when and where the -bids will be open -ed. The -Clerk shalt -require that-each--bidder-aecerepany-his-bid-with-a certified check on some Ci ar+i.-er cash; in an amount -deemed sufficient by the City Gounail, upon reeommendation by the -t ir-eator of Public Works, to -guarantee -that he-will-execute-a-eeetract with the City for the doing -of the work -if-tile-Goetract-is-awarded4o--hireIn-tile ad4/ertisement for -bids the -Clerk shall state the amount of -the -deposit -that will be -required -Ail bids-reseivedierk-shall be -opened -by -him in -the presence of the-Couecil at the -first -meeting -of the Couiaali--after the receipt-of-tne bids, +mess otherwise ordered -by -the Council T-hc CouRsil shall -have the power to reject -all -bids deemed unsatisfactory -or -where -the -bids for the -work are above the estimated -Gose In all cases where -no --bids are received, upon -advertisement therefefror where -those received -are rejected, the -Clerk ehall-immediately readvertise-for-bids-unless-otherwise cted-by the Council. All such contracts -shall be awarded -to -the lowest and -best bidder. The acceptance of a bid shall -be --construed as the awarding of the contract any bid-maybe-aGcepted and centraet-awarded by motion -duly -adopted -by -the Council. ontraets, RSMo § 88.520. Secs. 32-13 — 32-19. Reserved Secs. 32 70 32 80. Reserved- ARTICLE i -Viii. - CONSTRUCTION OF SIDEWALKS, CURBS, ETC. DIVISION 1. - GENERALLY Sec. 32-20. Sidewalks. Sem 32 81.—Wi4tandgrade- All sidewalks to be constructed in the City on right of way, easement, or on private property to serve the general public shall be constructed and installed in compliance with the Standard Construction Drawings and Technical Specifications promulgated by the Director of Public Works. shall -be at-least#fur feet wide -on -local streets and at least five -feet -wide -or ll -ether treets, except -as -may be-othefwise provided -by -this Code -or by other ordinarises-and-have-a-fFOG6 &lepe_no more than two percent -or -one- fourth ins#-te-flee--feet- (Code 1977, § 33-27; Ord. No. 12980, § 2, 9-20-99) Sec. 32 82. Construction and material specification -s C�ifl—e k . All eidewwalks-in the Q1ty-aliall be strutted-and-ir talled-4 at ce-wit1+ City speciri6at design-standards-promi44gated-ley t"G ;erof-P-ublic-Work. Concrete sidewalks shall be not less than four -inches in thickness and the" be placed-ec well rid-subgrade. The concrete used shall conform -tome -six sacks-of-sernertt-pe- cubo -yard of -the -concrete design-rn-ix-on-filc with the -Department of-R-ublic Works Sec. 32.8321. Construction and -material specifications—Curbs and gutters. All curbing and guttering in the City shall be constructed and installed in compliance with the standard construction drawings promulgated by the Director of of concrete. Curb and gutter --shall not bo less -than six inches -thick and -shall -be 30 inoh��-w-d-e- nsluding-the-s 4nsh-vertical curb. Contraction jots -shall be installed -e e y -ten eet—Cosncrete-ffr-curb-acid-gutter-slla-4l conform to the 6.5 sacks -of cement per cubic yard of concrete design -mix -on -the with the -Department of Public Works. (Code 1977, § 33-29; Ord. No. 13301, 11-5-2001) Sec. 32.8.422. - Supervision by City; construction and repair to be at property owner's expense. All sidewalks constructed in the City shall be constructed under the supervision and direction of the Director of Public Works. (Code 1977, § 33-30; Ord. No. 13301, 11-5-2001) Sec. 32 8523. - Removing stakes or laying sidewalk on improper grade. Any person in the City who shall remove or otherwise interfere with the stakes or other markers set by the Director of Public Works to designate the grade for a sidewalk, curb, gutter or other street improvement, or any person who shall construct or cause to be constructed in the City a sidewalk, curb or gutter on a grade other than the grade previously designated by the Director of Public Works, shall be deemed guilty of an offence. a—misdemearao (Code 1977, § 33-32; Ord. No. 12939, § I, 6-21-99; Ord. No. 13301, 11-5-2001) Secs. 32-8624-32 9729. - Reserved. DIVISION 2. - DUTIES AND RESPONSIBILITIES OF PROPERTY OWNERS Sec. 32-9830. - Generally. It is hereby made the duty of every property owner having property abutting on a public street to place and maintain a good and sufficient sidewalk and curb along such street and abutting the property, when and as directed by the Director of Public Works in conformity with policies and procedures approved by the City Council. The Director shall require sidewalks to be constructed or repaired when any of the following conditions exist: 41. When a safety hazard exists - - 42. Claim for injuries due to condition of sidewalks; 2. A vertical displacement sr hole of1'/z' or mereewith+fl-grade; 3. Need to connect to existing sidewalks; 54. When an ordinance requires construction. Corner lots shall be liable for the extension of curbs and sidewalks to the curb line each way. Only such sidewalks as are described in this article shall be placed in the City. (Code 1977, § 33-18; Ord. No. 12939, § 2, 6-21-99; Ord. No. 13301, 11-5-2001) Sec. 32-9031. - Duty to construct, repair, etc. A. The owner of any lot or tract of land within the City shall build and construct, rebuild or reconstruct and repair the sidewalk lying along and adjacent to his property, and such property owner shall grade, fill and park that portion of the street lying between the property line and the street curb line, and build approaches. The term "'approaches" shall be understood to mean the extension of sidewalks at corner lots, from the property line each way to the street curb line, being in fact the connection across the parkway or intervening space between the corner of the property and the crossing in the street including the construction of accessible ramps. B. Any such owner of any lot or tract of land within the City who, after having been duly notified in writing by the delivery by the Director of Public Works to such property owner of a written order directing such property owner to build or construct, rebuild or reconstruct or repair the sidewalk lying along and adjacent to his property, or grade, fill or park that portion of the street adjacent to his property and lying between the property line and the street curb line, shall fail, neglect or refuse to comply with the terms of such written order within 30 days from the delivery thereof shall be deemed guilty of an offence. a misdemeanor. (Code 1977, § 33-19; Ord. No. 13301, 11-5-2001) Sec. 32 10032. - Construction, repair, etc., under private contracts. In any case where the Council desires to permit property owners to construct or repair sidewalks or to grade and park that portion of the street lying between the property line and the street curb line, under private contracts, the Council shall by resolution provide that sidewalks shall be constructed or that portion of the street lying between the property line and the street curb line shall be graded and parked upon any street specified, and that the property owners shall be allowed 30 days from the date of adoption of the resolution to construct such sidewalks or to grade and fill the parking herein described, under private contract. By such resolution, the Department of Public Works shall be directed to prepare plans and specifications for such improvements. Immediately after the adoption of such resolution, the Department of Public Works shall cause notice to be served upon the interested property owners of the adoption of such resolution and the time within which they must contract for the construction of the improvements named in such resolution. (Code 1977, § 33-20; Ord. No. 13301, 11-5-2001) Sec. 32 1133. - Enactment of ordinance; filing of plans, specifications, etc.; advertisement for bids.Construction by City At the end of the time given property owners to construct or repair sidewalks that have be deemed hazardous or defective, or to grade and park that portion of the street lying between the property line and the street curb line, under private contract, the right to so construct such improvements shall cease, and the City Council shall enact an ordinance providing for the construction or reconstruction of such sidewalks, or for the grading or parking of that portion of the street lying between the property line and the street curb line, to be paid for with special tax bills. Before the City Council shall enact an ordinance providing for any improvement mentioned in this section, the Director of Public Works shall have prepared and filed with the City Clerk plans and specifications, and an estimate of the cost thereof, and such plans and specifications and estimate of cost shall have been duly approved according to law. The Director of Public Works shall keep an accurate record and account of the separate items thereof, and make a written report thereof to the City Council, and the City Council shall pay for all labor and material and all other costs of such work out of any funds the City may have available for such purpose.. The City Clerk (Code 1977, § 33-23; Ord. No. 13301, 11-5-2001) Sec. 32 10134. - Maintenance, etc. It shall be the duty of all persons owning or occupying any property in the City to keep in repair and free from obstruction the sidewalk and gutters in front of such property. Any person violating the provisions of this section shall be deemed guilty of a- 1sder eaeeran offence. (Code 1977, § 33-21) Sec. 32 10335. - Sidewalks required. A. No permit shall be issued for the reconstruction or construction of a new building, or a building addition, or a new or expanded parking lot, unless a sidewalk exists adjacent to the property or unless the plans for the building or parking lot provide for the construction of such a sidewalk. The requirements of this section shall apply to reconstruction, cumulative building additions and parking lot expansions following adoption of this ordinance, but shall not apply to the rehabilitation or renovation of existing buildings or parking lots, or the construction of accessory buildings. Applicants may request a deferral of the requirement to construct sidewalks in accordance with paragraph C below provided however that the obligation of owners of tracts with street frontages of 350 linear feet or more shall be limited to either (1) expending at least 5% of the total project cost (i.e., site development and building costs) toward public sidewalks; or (2) constructing at least 50 linear feet of sidewalk, whichever is greater in cost, with the remaining obligation deferred. For this purpose, project costs shall be estimated using the R.S. Means construction cost data services. In the event that the application of this subsection A of this section would result in the construction of a sidewalk which is too short to have any practical use, the Director may reduce or eliminate the requirement, or extend the requirement to such an extent that a practical sidewalk can be built. B. Sidewalks shall be constructed in new minor subdivisions, as defined by chapter 33, Subdivision Code. C. Sidewalk deferral, application. 1. Any property owner required to construct sidewalks under the provisions of subsections A and B, above, may request a deferral of the requirement to construct sidewalks in accordance with this subparagraph C. 2. Upon application by the owner, the Director of Planning and Protective Services (referred to hereinafter in this chapter as "Director") may approve a deferral of sidewalks otherwise required by subsections A and B above, as provided herein. a. Applications for sidewalk deferral shall be completed on forms prescribed by the Director at the time of submittal of the site plan, when site plan approval is required, or if no site plan is required, with the building permit application. A copy of an application for a sidewalk deferral shall be provided to each member of the City Council immediately upon its submission. b. A decision on the deferral will be made within ten days of application submittal. If the Director fails to act on the application within ten days, the application will be deemed to have been approved. The Director's decision will be transmitted, in writing, to the owner of the property, to each member of the City Council, and lead project consultant, if applicable. The Director shall be entitled to request additional information from the applicant as well as to extend the time period for a decision with the consent of the applicant. c. Appeals of the decision of the Director's decision shall be governed by paragraph E. 3. Deferrals may be applied retroactively to developments previously required to construct sidewalks, or to new developments, when the criteria for such deferral is met. 4. Sidewalk deferrals granted for one project or time frame do not guarantee that that sidewalk will never be required in a specific location. A location may be included in an amended sidewalk master plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. 5. If the City has adopted a sidewalk master plan and the location is shown on the sidewalk master plan, at the time the application is submitted, as not having sidewalks required, no sidewalks shall be required and no deferral shall be necessary, provided that if no plan has been adopted then all areas shall be considered to have been designated as having sidewalks required. 6. Deferrals shall be granted when the Director finds that the location is designated to have sidewalks in the sidewalk master plan and one or more of the following conditions exist: a. The City has plans to construct sidewalks to serve the development, or plans to widen or reconstruct the adjacent street which would require replacement of the sidewalk within five years of the application for waiver deferral; or b. No curbs and gutters exist, and it is impossible to a reasonable degree of certainty to accurately predict the line and grade of future curbs and gutters; or c. The location is within an area zoned industrial and there currently are no sidewalks or pedestrian generators in the area, or d. An engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks; or e. An engineering analysis accepted by the Director demonstrates an alternate pedestrian way within the site provides an acceptable alternative; or f. The development is proposed as very low residential density, consisting of single family dwellings on lots of one acre of more, provided such lots have street frontages of 350 feet or more; or g. The frontage is along (I) a State or federally designated route with a permitted speed in excess of 49 mph or (ii) a local street with a permitted speed in excess of 49 mph. h. The development was required to construct sidewalks under the terms of previously ex+st+rg-ori had instead occurred at the time the present application was made. hi. If the requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owner (that is a hardship which would not be incurred by similarly situated property owners) the Director may, upon the consent of the Public Works and Planning Committee, grant a deferral. 7. Procedures for, and effect of, deferral. a. If a deferral is granted, the landowner shall not be required to install sidewalks at the present time, but shall be required to install sidewalks within 12 months of notice from the City that sidewalks are now to be constructed and that the deferral has been terminated. b. Construction specifications shall be those applicable at the time the notice is issued. c. If the landowner does not construct sidewalks within 12 months of the notice, the City shall construct such sidewalk and shall bill the landowner for the full amount of the City's costs in doing so. If the landowner fails to pay the bill within 60 days the amount owed shall constitute a lien against the property. d. If a deferral is granted, the owner may as a condition of the deferral be required to grade the area in which the sidewalk would be located in preparation for a future sidewalk. e. If a deferral is granted, the deferral shall be considered to run with the land and any subsequent owner shall be entitled to rely on the same as well as assuming the same obligation to construct a sidewalk when requested to do so as provided in this chapter. The City Clerk shall record a notice, substantially similar to the noticed set forth below, with the County Recorder for each deferral: Notice of Deferral The real estate described in this Notice of Deferral was granted a deferral of the sidewalk requirements of the City of Jefferson, Missouri on , 20_. This deferral is subject to the conditions set forth in the City Code and are subject to change from time to time. The granting of a deferral of the sidewalk requirements is not a permanent waiver of sidewalk requirements for this real estate and does not mean that the sidewalk requirements will never be imposed for this real estate. This real estate may subsequently be included in an amended Sidewalk Master Plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. The property affected is more particularly described as: [set forth legal description here] D. Appeal of Denial of Deferral. 1. The denial of a deferral by the Director may be appealed to the Planning and Zoning Commission. a. applicant aggrieved by the decision of the Director may file a written appeal to the Planning and Zoning Commission, addressed to the City Clerk, within 10 days of the decision of the Director; b. Upon receipt of the appeal, the Planning and Zoning Commission shall schedule a hearing on the appeal. c. The burden of proof at the hearing shall be upon the applicant to show that the applicant is eligible for the relief requested. 2, This decision of the Planning and Zoning Commission shall be final. E. Major Subdivisions. The preceding subparagraphs notwithstanding, sidewalks shall be constructed in new Major Subdivisions (as defined by Chapter 33 Subdivision Code) as follows, unless the owner requests, the Planning and Zoning Commission reviews and the Council approves, a variance under (1) or (2) below. For the purposes of this Chapter, the term "new Major Subdivision" shall mean any subdivision approved by the Council after November 20, 2007. 1. When the Council determines in a Major subdivision that, through submission of an engineering study that includes appropriate details such as cross-sections, grading plans, and requirements for sidewalks because of the presence of unusual circumstances or conditions, including without limitation, topographical conditions, and that the strict application of the requirements for sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the reasonable use and development of land, the Council may permit the owner to vary from the requirements for sidewalks or the location thereof. 2. The Council may permit a developer to vary from the requirement for sidewalks if the Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with the preliminary plat provides adequate access throughout the subdivision. Such a plan must provide a continuous system of paved walkways located within easements dedicated as pedestrian ways. The Council may require such width not to exceed ten feet and such illumination as may be appropriate to assure safety. F. Construction Standards. 1. Sidewalks shall be constructed in accordance with the following street classifications. Street classifications and location of sidewalks on local or cul-de-sac streets shall be determined by the Director: Street Type Sidewalk Requirement Sidewalk Width Arterial Both sides 5 feet Collector Both sides 5 feet Local commercial or commercial cul-de-sac Both sides 5 feet Residential cul-de-sac or local street One side 4 feet 2. Sidewalks shall be located a minimum of three feet from the back of the curb where possible, or other location as approved by the Director. 3. Sidewalks shall be constructed in accordance with the latest edition of the City of Jefferson Standard Construction Drawings on file in the Department of PiaRiling and Pnatective SsPublic Works. G. Time for Construction 1. The developer shall install all sidewalks, as required by this section, or by the Council pursuant to a variance as allowed by this section, not later than two years after the date when the abutting street is accepted or not later than five years after the first building permit is issued, whichever comes first; provided however, that the sidewalk for each lot within a subdivision shall be completed and approved before an occupancy permit for a structure on the lot is issued. 2. No certificate of occupancy shall be issued for any building or parking lot for which a sidewalk is required unless the sidewalk has been constructed or the property owner has provided a bond, cash escrow or letter of credit or other instrument acceptable to the Director of Planning and Protective Services guaranteeing construction of the sidewalk within not more than six months of issuance of the certificate of occupancy. H. Enforcement 1. If the sidewalks required by this section, or alternate paved walkways required by the Council pursuant to a variance as allowed by this section, are not completed within two years from the date abutting streets are accepted, or within five years after the first building permit is issued, whichever comes first, the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring, or in conjunction with any other activity at any location requiring permits by the building official, until the violation is cured, In addition, the Council may impose a penalty on the developer, in an amount not to exceed One Hundred Dollars ($100.00) per day for each day the violation persists, 2. Cause the sidewalks to be completed at the City's expense, and may cause a special tax bill to issue as to each lot within the subdivision for which the City has incurred the expense of constructing sidewalks, in an amount of two times such expense incurred, together with the amount of any penalties accrued under subsection a, above. Any special tax bill issued pursuant to this subsection may be enforced in the same manner as a tax bill issued for the improvement of a sidewalk within the City. a. Other Recourse. Nothing within this section shall impair the ability of the City or a property owner to seek any other recourse against a developer for failing to install sidewalks as required by this section. (Ord. 13628, § 3, 10-6-2003; Ord. No. 14023, § 1, 3-20-2006; Ord. 14097, § 1, 10-2-2006; Ord. 14277, § 1, 11-19-2007; Ord. No. 14431, § 1, 11/17/2008; Ord. No. 14519, § 1, 4-20-2009; Ord. No. 14621, § 1, 12-21-2009; Ord. 14920, § 2-20-2012) Sec. 32 10136. - Required sidewalk plan. There is hereby adopted a required sidewalk plan, which shall serve as the sidewalk master plan referred to in this article, said plan being attached to this chapter as appendix 32-A. (Ord. No. 14637, § 1, 2-1-2010) Secs. 32-10537 32 11249. - Reserved. DIVISION 3. -CONSTRUCTION, ETC., BY CITYSIDEWALK REPAIR PROGRAM Soc. 32 114. Qpeni-ng of-d}ds awarding of contras -6 Al -b ds -received -y the C ler-k-pur-scant to -section 32 1 -1 -3 -shall be opened -in -the -presence -of -the Council-at--a-date at least -ten -days -after -the -date of -the -first-/ Asattion-of the-advertisemer foF-6-14 d -s- All -contrasts -shall be -awarded to the -lowest and -most -responsible -bidder. The -acceptance -of -a bid ;hall be considered as -the awardifiag-of a contract. Any bid -may -be -accepted -and any contract may -be -awarded en a motion duly adopted-by-the-Couneih (Code 1-977. § 33 24) Sec. 32115. Repair IARhenever-an-y-eidewalk-is deemed to beall-a defective-condltio —or -o t of repair, the City -Council may; -by orchnanse provide for the -Fop -air -log of suol-1--sidewalk-by the Director -of Public Works, -to be said for-+n-specia-tax-bills. Before -the City Gouncitshall-enact an-oF4inaece--providing for e-+mproveR entc naentioaed-in-this sectio the Director-of-Rublic--V 'orks-shall have prepared -and -filed -with the City Clerk plan and-specifi tions and -estimates -of costs -for -such work—Stroh-plans-aed-speeificationc-and cctirnateeef-costs all hove been -duly appreved eccordingto-law�-hc Director of Public -Works shall keep an accurate -record and account--of-the-separateitems4heree and -make a written report thereof to the City Council, and -the City Council -shall pay for all4abor and -material -and -all -other costs of such -work ends -the City may have available for -sash purpose, (Code 1977, § 33 25; Ord, No. 13301, 11 5 2001) Sccs. 32 116 32 119. Reserved. a. , • . ,• • • e GRAM Sec. 32 12050. - Purpose. The purpose of this section is to utilize available funding to maintain and repair a valuable part of the City's transportation Plat; infrastructure, namely its sidewalks, without cost to the adjacent property owners. This is meant to supplement and assist in maintenance and repair and not to replace any other obligation found within this chapter. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12151. -Sidewalk repair program funding. Each year within the City s -budget -the City Council may shall -approve funds for the repair of existing sidewalks. aline item -titled sidewalk -repair -program -and such funds -shall -be -used exclusively -for the repair of existing -sidewalks: -Additionally, each year the City Council shall identify what funds if any shall be used from sales tax proceeds to be used for sidewalk repairs. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12252. - Staff to identify sidewalks to be repaired. Upon funding being identified, the City staff shall identify areas of sidewalks to be repaired utilizing the funding identified by the City Council. City staff shall identify these sidewalks based upon the condition of the sidewalk and use of said sidewalks. This sidewalks identified shall be submitted to the City Council for approval or amendment. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32-X1-353. - Approval by City Council. The City Council shall by resolution, approve or amend the list of sidewalks submitted to the City Council. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12154. - Action by City staff. Upon approval by the City Council, the City staff shall implement repairs in a timely fashion. (Ord. No. 14756, § 1, 12-20-2010) Sec. 324555. - No share required from property owner. The adjacent property owner shall not be required to contribute to the cost of any repair funded from the Sidewalk Repair Program. (Ord. No. 14756, § 1, 12-20-2010) Sec. 3256. - Obligation to repair not negated. Nothing in this division shall relieve the property owner from their obligation to maintain good and sufficient sidewalk and curb. (Ord. No. 14756, § 1, 12-20-2010) Secs. 32-57 — 32-59. Reserved DIVISION 4. - NEIGHBORHOOD IMPROVEMENT PROGRAM Sec. 32 3360. - Purpose. The purpose of this article is to provide encouragement and cooperation for the making of improvements to streets, sidewalks and other infrastructure through a voluntary program of citizen participation in cost. Sec. 32 3361. - Petition necessary. For each project which may be eligible for inclusion in the City's neighborhood improvement project (NIP), a petition shall be submitted by the owners of the requisite front footage as specified in this Article by March 1 of each year for consideration for the following year's fiscal budget to the Director of Public Works. Petitions shall be considered approved if the project is identified and funded in the following year's budget. Petitions shall be considered denied if not funded in the following year's budget or withdrawn by counter petition. Any denied petition shall not be carried over to the next budget year. Sec. 32 3362. - Participation requirement. Property owners may petition the City Council, on a form approved by the Director of Public Works, to construct projects which involve the rebuilding of any curb and gutter, or sidewalks, for an entire block, which shall be petitioned by greater than 75 percent of the owners of the front footage abutting the proposed projects. Sec. 32 3353. - Cost to applicant. A. For each project included in the NIP and funded, the cost to each abutting property owner shall be set by the City Administrator each year in appendix Y. B. At least 75 percent of abutting property owners must agree to prepay the entire amount of their cost - share prior to approval of the construction contract by the City Council or City Administrator. C. Any party which fails to prepay the party's full cost -share of the project shall be charged an additional 25 percent. Such person's share shall be placed as a lien against the property as part of a tax bill pursuant to section 32-40, 32-41, and 32-42 of the City Code. Sec. 32 3364. - Funding, criteria for project selection. In determining which, if any, projects shall be funded the following criteria will be considered: A. Funding available. 8. Number of properties affected. C. Existing conditions. D. Property share prepaid vs. tax bill. E. Overall effect on area. Sec. 32 3365. - Street lighting in improved subdivisions. A. Where street lighting doesn't meet the minimum requirements of 33-9.E. Abutting property owners may petition the City for street lighting. The Director of Public Works may approve street lighting request, within budget constraints based on the following criteria. 1. Installation of the street lights will generally be at spacings no Tess than 250 feet (residential) and 180 feet (commercial). 2. The spacing may be less than in A.1. at locations of abrupt horizontal or vertical grade changes when needed for traffic safety. 3. The City may grant additional lighting on the basis of high concentration of pedestrian traffic such as downtown, school areas, serious traffic hazards, or high incidence of crime as determined by the Chief of Police. The latter would not relieve the property owner of the responsibility of security lighting. 6. Property owners requesting lighting would pay 25 percent (residential) and 50 percent (commercial) for installation and the City would install and pay for maintenance and operation when installation is approved. C. Objections to the decision of the Director of Public Works with respect to placing of street lighting can be appealed to the City Council within 30 days of the decision of the Director of Public Works. (Ord. No. 12962, § 1, 8-2-99; Ord. No. 13301, 11-5-2001; Ord. No. 14829, § 19, 8-1-2011; Ord. No. 14936, § 1, 3-19-2012; Ord. 14954, § 3, 5-7-2012) Secs. 32 33666-329969. - Reserved. ARTICLE IV. - EXCAVATIONS DIVISION 1. - GENERALLY Sec. 32 12770. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Arterial street. A roadway which is functionally classified as carrying traffic on cross town trips. Roadways shall be so designated by the Director of Public Works. Business hours. The hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City holidays. Director. Director of Public Works or a designated representative. Disturbance of right-of-way. Any movement of earth, movement of existing facility, or placement of new facility on right-of-way. Nonbusiness hours. All periods of time other than business hours. Public utility. Any utility engaged in the business of selling and supplying natural gas, electricity, water, sanitary sewer, telephone, or cable television service. Right-of-way. All land within the City dedicated or conveyed to the City for public use, or used by the public, for streets, alleys, avenues, drives, boulevards or other public ways. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City. Unimproved right-of-way_. Any right-of-way within the City lying outside of a roadway or upon which there is no roadway. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001) Sec. 32 12871. - Permit required. A. Except as provided in subsections B and C of this section, a person shall not disturb, excavate, or cause a disturbance or excavation to be made in any roadway or right-of-way, without first obtaining a permit from the Director. Should an excavation in an unimproved right-of-way require excavation in an intersecting roadway, an additional permit shall be obtained for a roadway excavation. B. Upon a failure in the facility of any public utility, necessitating immediate repair to prevent injury to persons or property or to restore essential public utility service, a public utility may make and excavation necessary to remedy the failure, without first obtaining a permit. In such an occurrence the excavator shall apply to the director for a permit before 12:00 noon the next business day. a public utility, upon notifc tion of then 8r during bu_' • - _ _ _ .. - _ - _ _ - - necessary to remedy the failure-v,�}".,ho 4 rst obtaining a permit. C. A permit will not be required for installation of service lines to serve new home construction in the unimproved right-of-way in newly developing subdivisions if the unimproved right-of-way is adjacent to the property being served. In such cases, the surface of the unimproved right-of-way shall be restored when the lawn is completed. D. Once a permit has been closed, any additional work will require a new permit, and the base fee will be charged again. (Ord. No. 11955, § 1, 9-7-93) Sec. 3272. - Permit application. A. During normal business hours applications for permits shall be filed with the Director on forms provided by the Director. The form shall provide appropriate spaces for the name, location and type of surface construction of the roadway or right-of-way to be excavated, the estimated dimensions of the area to be excavated, the estimated cost and the actual cost of the permit, the probable period of excavation and such other information as may be required by the Director, B. When an excavation is required in any roadway or right-of-way during nonbusiness hours to correct a failure in any private utility or sanitary sewer service, the excavator shall apply to the Director for a permit before 12:00 noon of the next business day. C. Any public utility causing an excavation to be made under the provisions of subsection 32-71.B shall apply to the Director for an excavation permit before 12:00 noon of the next business day. (Ord. No. 11955, § 1, 9-7-93) Sec. 324-3073. - Permit fees, deposits, and issuance. A. Upon receipt of an application for a permit required by this division, the Director shall compute and subscribe thereon the estimated cost of the permit. Fees shall be as set forth in appendix Y. 1. On the unimproved portion of any right-of-way. 2. On roadways, a base charge. 3. On bituminous roadways, other than those with areas in excess of 100 square feet, a charge per square foot of surface area if the permit holder chooses to have the Department of Public Works replace the surface course. 4. The base fee for any roadway excavation permit and the flat fee for any unimproved right-of- way permit shall be double the established rates if the application for permit is not made in accordance with section 32-12972. 5. For use of City owned plates to protect excavations from traffic. 6. For a bundle of 25 lathes to be used to display excavation permit cards at sites. 7. For resetting of street signs. 8. For repair of street signs, signal cables and other City facilities, a charge based on actual cost for materials, equipment, and labor. 9. For completion of work not done in a timely manner, or correction of deficient work, a charge based on actual costs of materials, equipment and labor. a. Any person desiring to do the resurfacing work rather than having the City do such work, shall pay only the minimum charge for the work being done. B. Except as provided in subsection C of this section, the applicant shall deposit the amount of the estimated cost of the permit payable to the City. The Director shall then issue the applicant a permit and permit card authorizing the excavation described in the application. C. A public utility or any other person, at the discretion of the Director, may deposit with the Finance Department the sum of $1,000.00 in cash or certified check payable to the City and thereafter pay to him on the first day of each month the actual cost of all permits previously issued to the public utility or person for excavations which have been backfilled and completed since the first day of the preceding month. In lieu of such cash or check, a corporate surety bond may be filed with the City Clerk, to be approved by the Mayor, conditioned on performance by the applicant of this subsection. D, The Director shall compute the actual cost of each permit by exact measurement of the excavated area. If the estimated cost exceeds the actual cost of the permit, the overpayment shall be refunded or credited to the next permit applied for, at the option of the permit holder. If the estimated cost is less than the actual cost of the permit, the applicant shall be billed for the additional amount, which shall then be due and payable. E. The Director shall not issue a permit to: 1. Any person indebted to the City for a previous permit under any provision of this article. 2. Any public utility failing to comply with the provisions of subsection C of this section. 3. Any person or public utility for a period of ane year, when the person or public utility has been convicted of two or more separate violations of any of the provisions of this article within a period of 24 consecutive months. Such period of one year shall commence on the date of the second conviction. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007) Sec. 32 13174. - Display of permit. Each excavation permit shall be in the possession of a person present at the excavation area during normal business hours, and each permit card shall be displayed publicly at the excavation area. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 13275. - Permit records. The Director shall keep an accurate and complete record of all street excavation permits and index such permits by street location. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 13376. - Continuity of work. Every excavation shall be performed in a continuous operation, during normal working hours on consecutive working days on which suitable working conditions exist, from the time of initial excavation to the completion of backfilling, pavement repair, and/or seeding. The permit holder shall be responsible for the timeliness and quality of the completed work. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 13477. - General procedures for performing. All excavations in any right-of-way or and roadway in the City shall conform to the description and details contained in the City of Jefferson Standard Construction Drawings and Technical S pecifications. be-made--it+-tire"-following-marine Location-of-new-facilities-to-be-sostructed on right-of-way shall be approved by the Director -prier -to advertising -for -bids on work to be-contrasted--No-new--facilitie a!;-be-eenstructed under -roadway -s- unless undue hardship--is-imposed by�osation-outside the roadway. The edge of a trent--for excavations-paralieting curbs -outside -of roadways -shall -be kap a -mini um -of three feet from the bask of curb - 2. Whenever -excavation is -performed -within 890 -feet -of -a -traffic signal, the -permit holder shall -co -Mast the -street division of the Public -Works Dgpartment-for-osatian-of aeilities-in-the area. 3- The permit -holder- shall -notify -the Director of theyime-the-excavation-is--to-be-commenced-at -least two hours -before commencement -of -excavation. �. For wort-involving-clasing-a roadway to traffic, five -work g-days=notice shall be required. The Director -may -require that -street -closings be -advertised by the permit -holder --if the work involved is due to a ^eed for aediate-repair or -other -good -cause, the Director—may—reduce or waive -the required- of+Ge Pte-roadway--s#all-bc closed -to -traffic -without -prior approval -of the DirestOf- hen conditions-war-rantclosing-a street to traffic, the -permit -holder -shall notify the communisations division of the Police Department o€ -thee time -the -roadway will -be -closed -and -at the time -the roadway is -reopened to traffic. 5- The permit holder shall-provide-erect-andmaintain-lush barricades-signs;-flags-torshcs, lanterns or lighting at -the excavation -area --as may -be -required -by the most -resent -edition -of -the Manual -on Uniform Traffic Control Devises, 8 ---Ail exoavatiaas in any roadway shall ren#erg with the following -additional procedures: 1. The outer -edges -of -all cuts through -paved surfaces -shall -be sawed-to-a-depth--o€-not-ess-than—G e - third of the pavement -thickness-bye-use of -a power'-driven-soncrete Saw to obtain a smooth -and square -rut. If an--excavation-is-macho oadway-with a surface-deficiency-tho- pavement -removal shall be expanded to a point -where a smooth straight -edge -ran be maintained. If the contractor -fails to saw-the-pavernent,-the-City-shall-perform this-operation-or-have-this-operation-performednd-the cost-thereofshall-be-charged-to-the ontractor. 2,1V -here -surface -exists, the roadway pavement shall -be -removed -to -a -minimum -width -of -six -inches beyond -each edge of the-excavated-trenoh-or-ar a except -where a four -to six inch trenching machine is used. Where deemed -necessary -by -the Director, a width -of -up -to -1 -2 -inches beyond either -edge may be required- 3. In -the event-the-entire--width-of-a roadway -is to be excavated, the -excavation -arid -backfill -shalt -be completed -within one -half -of -the -width of the-readway-prior to any -excavation -commencing -in -the remaining half of the--roadway-if-practical as determined -by -thy, -Director- No open -Guts will-be-permitted--across-arterial-streets-unless-undue-hardship--is-imposed-Previous agreement from, },.she-D-irestor must -be -obtained -prior -to an open Gut being -made across -an -arterial street- 5---F-or-the-three treet- 5---For-the hree years follewing-resurfacing of a roadway, no open --outs will be permitted -on that roadway -for -any work that -could -have been -planned- 5. In the -event an excavation crosses a Garb or curb and gutter,e-sur OFGurta-and-gutter must -be removed -and -replaced -a iaimum-width of six inches-beyencl-the-edge-of-the-undelying-excavator if a bore under curb -or -curb -and -gutter -is -made -and maternal -sloughs e#-he-embankn ent-creating a void-under-the-ourb-or-surb and gutter -thee -entire width of -curb -or surb-end-gutter shall be -removed and-replaced-in-aorordanse-with the above guidelines -All curb and Gurb and --gutter to -be -removed acid replaced -a hall be4oweled-to the existing curb or curb -and gutter. (Ord-- No. -11955, 1, -8 7-93) Sec. 32-13578. - Backfill procedures. f4-All excavations within any right-of-way or any roadway of the City shall be backfilled in conformance with the description and details contained in the City of Jefferson Standard Construction Drawings and. Technical Specifications. the following-manner 1. Permit holder shall notify the Director of the tune-when--backfilling-is to e Hameed at least4we hours-before commencement-of backfilling-and-of the cor +pletion-ef-Haack##ling- g shall be accomplished as--quickly-as-good working practice--permits;-and an excavation shall not be-left-open and--unfilled-for a longe-period of-time than-is deemed-;eesonable-and necessary- by-the-Director- 3. Backfill-of excavations or-within three--feet of-e-roadway-or proposed-roadway shall meet-the requirements for roadway excavations- �. Backfill-of excavation-s-under paved-portions of th- _ ' - - - _ - - --ced-in lifts not exceeding--eight-inches, and-each lift shall be compact irh amt-plate tamper appropriate for the-material-being used-before-any-additional material-is placed--in-the-excavation. Cr sh d-stoTTe aggregate-shall-be-placed--within three inches of the-bottom of the pavement to-be placed. a--E cavations- net--in--driveways--sidewalks-o--roadways--and at within three feet of a roadway-hall be backfilled in a manner that-ill-minirnize settlement-ef the-backfill—The—original—backfill—shall—be—left flush-with-the-adjacent area. It-shall be the permit-holder's responsibility to repair-any settlement-that occurs-within—six-months-after placement of the-original-backfill-l-n-addition-in areas that-are seeded; the permit-holder shall be-responsible for obtaining-a-stand-of grass-equal to or better than that-of-the surrounding-yard area. 8. Backfill-of roadway excavations shall have -the following-additional-requirements 1. All excess materials excavated shall be removed by-the-perm-it holder from-the-site of the exea ation area-hot-rook -in compacted six inch-lifts-may-be-used-to stabilize the-bottom-of excavations. The excavation-shall-be--backfilled-with-a-orushed stone--aggregate-matertal-having a maximum-diameter of one inch. Upon request -the ecto-may-approve-the-use-ofcavated-rnateriai for backfill- 2. Ali-backfill-material-shall-be placed-in-the excavation-in-lifts-not exceeding-eight inches. Each-lift-shall be ono-pasted-witla-a-flat-plate-tamper-appropriate-for-the-material-being-used before any additional materials-placed in the excavation- 3—gushed-stone-aggregate shall-be placed-within one-foot of the bottom of the-pavement-repair. The aggregate shall-tae-placer-a-maximum-of-six-inch Iifts-and-compacted-with a vibratory tamper before-any additional material is-placed--in the-excavation. Q. Except as-provided-in-this-subsection, backfill of—excavations-including the area of where-additional width of-pavement-was removed-in pa adways-shall-be topped-with-an-eight inch-thickness of eonerete pavement on arterial streets-six-inch-thfokness of concrete pavement on all--other roadways,-At-no point shall-the concrete-thickness vary-more than one-half-inch-from that-specified- In traffic lanes-high early strength concrete -eight bags-of concrete and four percent caul +mfr-yard of concrete-,-shall-be u cd--In-other areas-a-minimum-of-644--bags-of Gement per yard of concrete shall be-used. All concrete c all-be-air-entrained. In-bituminous pavements, the top-of-the ^mere pavement shall be held VA inches below-the-top-of-the-existing-pavement-In-Portland-cement concrete-pat, ments tti�concrete shall--be--made flush-with-the-adjacent pavement-The concrete shall be-protested-from-traffic until--it develops-adequate strength—and the-asp art surf, ce-course-if needed--4s^1Ap,�. ed--rates-te-protect---the excavation-may-be--obtained-at-the-street--division--of the Rublie-Works-Department- 5---fir+-bituminous- -pavemaente that-are-net-classified-as- arterial bank#ill-of-excavations that -have--a minimum width of ten feet an4--misimn+am length-9f 100 feet -may- be topped-with-asphalt-base coLIrse-Irilieu-of ncrete. The-asphalt base course shall be seven -inshesln-thickness; and-shall meet the standard specification-for asphalt-base. The asphalt shall be placed in two-14ts by-a self propelled-mechanical-Iaydown-machine, €ach -lift shall be compacted by a steel wheeled-vibrato-Pi/ roller -before -any additional material is-lascd on top of it. The top ot-the-asohalt base shall be -held 1'/z inches below the -top -of the exist -471g pavement. 6. -4 -n --bituminous pavements suFfase restoration -shall be -a 1% ir}oh-oorpaeted- asphatsurface r -se- c asphalt -hall meet standard-speoifisations and be of the grade determined appropr-atc by -the P1rectoF 7--No-oonorete pavement will be-required-over-exsavations in-sFushod-stone roadways- (Ord. No. 11955, 9 7 93} Sec. 3243679. - Maintenance and resurfacing. A. The permit holder shall maintain the excavation until the surface is restored and the permit is closed out by the Director. This responsibility includes keeping the cut flush with the street at all times, providing barricades as needed and keeping the cut square. In addition, the permit holder shall be responsible for repair of any damage due to vandalism, accident, act of God or other means, and shall perform all work necessary to prevent further damage. 8. The permit holder shall restore unimproved portions of any right-of-way with material identical to that of the surrounding right-of-way surface. C. The permit holder shall completely restore any excavation made in Portland cement concrete pavements and any excavation in asphalt pavement in excess 100 square feet in surface area. The Department of Public Works will restore the asphalt surface (not concrete base) in bituminous paved surfaces of 100 square feet or less if desired and paid for by the permit holder. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001) Secs. 32 13780-3245989. - Reserved. ARTICLE V4. - DRIVEWAYS AND CURB CUTS DIVISION 1. - GENERALLY Sec. 32-160. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Driveway. The surface area extending from the roadway surface across all or any portion of the adjacent right-of-way. Frontage. That portion of the right-of-way lying between lines drawn perpendicular from the centerline of the roadway to the nearest exterior corners of the adjacent lot, tract or parcel of land. Plans. The standard driveway plans, marked "Appendix C" to Ordinance 7438 on file in the office of the City Clerk and expressly incorporated by reference into the provisions of this article. Right-of-way. All land within the City dedicated or conveyed to the City for public use or used by the public for streets, alleys, avenues, drives, boulevards or other public ways. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City. Specifications. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Drawings marked "Appendix B" to Of4r-iancc 7138 on file in the office of the City Clerk and expressly incorporated by reference into the provisions of this article. (Code 1977, § 33-54) Sec. 32 16191. Plans and specifications adopted by reference. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Drawingsmarked Appendix 8" to Ordin-anse-No 7138 and the standard driveway plans, marked ' Appendix-Clo 0 -rd -manse No -7'138 -both of which -documents -are on- iie4-n-the office-ef the City Clerk, are hereby adopted and expressly incorporated by reference into this chapter as the official driveway plans and specifications for the City. (Code 1977, § 33-55) Sec. 32 16292. - Standards of performance. A. The standards of work for the construction, alteration or relocation of any driveway, or the cutting and removal of any curb in any right-of-way are established as those appearing in the plans and specifications adopted by section 3246491. B. Every person doing any work involving the construction, alteration or relocation of any driveway, or the cutting and removal of any curb within any right-of-way, pursuant to a permit of the City, shall perform the work in strict accordance with the established standards. (Code 1977, § 33-60) Sec. 32 16393. Curb replacement where driveway no longer in use, etc. Upon a determination by the Director of Public Works that any driveway constructed, altered or relocated pursuant to a permit issued by the City is no longer necessary or used for the purpose mentioned in the application, the Director of Public Works shall give written notice to the owner of the premises adjacent to the frontage upon which the driveway is located to replace the curb across the entrance of the driveway within 30 days from receipt of the notice, and the owner shall replace the curb as directed in the notice. (Code 1977, § 33-62; Ord. No. 13301, 11-5-2001) Sec. 32 16194. - Driveway width. A driveway constructed, altered or relocated to serve residential property shall not, without special permission from the City Council, exceed 20 24 feet in width, except when a three vehicle garage faces the street in which case the driveway width may be a maximum of 30 feet. Aaed-a-driveway constructed, altered or relocated -to serve nonresidential (commercial, business or industrial) property shall not exceed 40 feet in width, unless the City Council, through the Department of Public Works, authorizes in writing the construction of a driveway at a greater width. (Code 1977, § 33-63; Ord. No. 13301, 11-5-2001) Secs. 32 16595-32 17599. - Reserved. DIVISION 2. - PERMIT Sec. 32 176100. - Required. A. Subject to the provisions of subsection B of this section, no person shall construct, alter or relocate a driveway, or cut and remove any curb within any right-of-way, without first filing an application with, and securing a permit from, the Director of Public Works. B. A permit shall not be required for a driveway when the curb is fashioned for a driveway entrance and the driveway apron is constructed at the time the roadway is constructed. (Code 1977, § 33-56; Ord. No. 13301, 11-5-2001) Sec. 32 177101. - Application. A. The form of the application shall be prescribed by the Public Works Department. B. The or]ginal-end4wo-copies of theapplicationshall be executed -4-14e original application chaff signed by the owners of the land described therein_, aei _ _ _ _ _ _ _ . --d--i4} t ie--same-t a^ & requited -by law for - _ _ _ _ If the applicant is not the owner of the land described in the application, the original -application shall bear the signature of the applicant r+d4he-signature shall be arknowledgedin the-sar c manner. C. The executed application shall constitute an agreement between persons whose signatures appear thereon and the City that such persons shall be obligated to, and will, perform all covenants, on their part or the part of their heirs, grantees, assigns, personal representatives or successors, to be performed. (Code 1977, § 33-57; Ord. No. 13301, 11-5-2001) Sec. 32 178102. - Fee and issuance. A. There is hereby established a fee as set forth in appendix Y, for a curb cut or driveway permit, which amount shall be paid to the Director of Public Works; provided, however, if any wedging is necessary, this amount may be revised to include the minimum cost of the bituminous street cut permit. •_ - ! - - - •• _ _ _-ceipt-of the permit fee on the original and both sepies-afro application, reta of and -return th applida-n-t, B. The Director of Public Works shall Upon -present -bearing -the receipt -of the Finance Departmont;-the-94 attach the permit to the copy of the application and deliver such permit and application to the applicant. keep the original, (Code 1977, § 33-58; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007) Sec. 32 179103. - Inspection and approval or disapproval of work; return or retention of security deposit. The Director of Public Works shall inspect the work described in the application on the expiration date of the permit. If the work has been completed and meets the established standards and the adjacent roadway is in as good condition as existed before the work started, the Director of Public Works shall endorse his approval of the work on the permit; otherwise, he shall note his disapproval of the work on the original of the application. (Code 1977, §§ 33-61(a); Ord. No. 13301, 11-5-2001) Sec. 32480104. - Records. The Director of Public Works shall see that an accurate and complete record of all permits issued, indexed by street locations, and all original applications for permits to construct, alter or relate a driveway, or to cut and remove any curbs are kept and maintained. (Code 1977, § 33-59; Ord. No. 11904, § 4, 5-17-93; Ord. No. 13301, 11-5-2001) Secs. 32 181105-32491109. - Reserved. ARTICLE VI. ANCILLARY USES ARTICLE VIIDIVISION 1. - PARADES tal Footnotes: --- (3) --- Cross reference— Funeral procession identification, § 19-302 Sec. 32 192110. - Definitions. As used in this article, the following terms shall mean as follows: Parade. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the City. Parade permit. A permit as required by this article. Sec. 32 193111. - Permit required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the Chief of Police. (Code 1977, § 23-135(a),(f ) Sec. 32 194112. - Permit application. A. A person seeking issuance of a parade permit shall file an application with the Chief of Police not less than seven days before the date on which it is proposed to conduct the parade on forms provided by such officer. B. The application for a parade permit shall set forth the following information: 1. The name, address and telephone number of the person seeking to conduct such parade. 2. The parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. 3. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct. 4. The date when the parade is to be conducted. 5. The route to be traveled, the starting point and the termination point. 6. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles. 7. The hours when such parade will start and terminate. 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed. 9. The location by streets of any assembly areas for such parade. 10. The time at which units of the parade will begin to assemble at any such assembly area or areas. 11. The interval of space to be maintained between units of such parade. 12. If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. 13. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should issue. C. The Chief of Police, where good cause is shown therefor, and with the written approval of the Mayor, shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted. (Code 1977, § 23-135(b)) Sec. 32 195113. - Standards for issuance. The Chief of Police issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: A. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. B. The conduct of the parade will not require the diversion of so great a number of police officers of this municipality to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this City. C. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this City other than that to be occupied by the proposed line of march and areas contiguous thereto. D. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas. E. The conduct of such parade will not interfere with the movement of fire -fighting equipment en route to a fire. F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. G. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. H. The parade is not to be held for the sole purpose of advertising any product, cause, goods or event and is not designed to be held purely for private profit. (Code 1977, § 23-135(c)) Sec. 324114. - Notice of permit rejection. If the Chief of Police disapproves the permit application, he shall mail to the applicant within three days after the date upon which the application was filed, a notice of his action. Sec. 32 1J7115. - Alternative permit. The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within two days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this article. Sec. 32 198116, - Contents of permit. Each parade permit shall state the following information: A. Starting time. B. Minimum speed. C. Maximum speed. D. Maximum interval of space to be maintained between the units of the parade. E. The portions of the streets to be traversed that may be occupied by the parade. F. The maximum length of the permit in miles or fractions thereof. G. Such other information as the Chief of Police shall find necessary to the enforcement of this article. Sec. 32498117. - Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Sec. 32-200. - Compliance with law required. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (Code 1977, § 23-135(g)) Sec. 32-291119. - Revocation of permit. The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth. Sec. 32--120. - Obstruction, interference, etc. Whenever the Chief of Police issues a permit under this article, no nonparticipant in such parade shall obstruct or in any way interfere with the order of such march, parade or procession by any means whatsoever. (Code 1977, § 23-135(e)) Sec. 32 203121. - Exceptions. This article shall not apply to: A. Funeral processions. B. Students going to and from school classes or participating in education activities, providing such conduct is under the immediate direction and supervision of the proper school authorities. C. A governmental agency acting within the scope of its functions. Secs. 32-204122-32-209129. - Reserved. DIVISION 2. SIDEWALK CAFES Sec. 32241.30. - Sidewalk cafe permits. The Department of Planning and Protective Services may issue a permit to use a City sidewalk, pursuant to this section of the Code of the City of Jefferson, for a sidewalk cafe, subject to the following conditions: A. The permittee shall at all times comply with ordinances of the City of Jefferson, Missouri and laws of the State of Missouri, as well as applicable rules and regulations pertaining to the handling of food and the operation of a restaurant. B. A permit shall be granted to permittee only in conjunction with an existing restaurant in an area adjacent to such restaurant. A permit may be granted upon a determination that the operation of the sidewalk cafe does not prevent the reasonable use of the City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewalk to those activities that have been approved. C. The permittee shall submit with the application a plan showing disposal procedures for litter, which include procedures for keeping the area clean, and which shall include sweeping the sidewalk every day the area is utilized by customers. The permittee shall make adequate provision for the disposal of litter and shall maintain the premises used for said sidewalk cafe free of litter. Litter generated by the sidewalk cafe operation shall be the responsibility of the permittee, and the permittee shall make reasonable provision to see that such litter does not become a nuisance and is properly picked up from the public ways in and around the sidewalk cafe. The City may require a bond or cash to guarantee that the area will be cleaned up. The permittee shall have a trash receptacle provided by the business for use by the customers eating outside or alternate plan approved by the City staff. In the event the permittee does not clean up the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay shall constitute cause to revoke or not renew the permit. The City may also revoke the permit for failure to properly maintain and sweep the area identified on the permit including public trash cans. D. The permittee shall at all times maintain insurance in an amount not less than $500,000.00 to protect the City from any liability which might arise from the activities in the area, in an amount and form to be determined by the Law Department of the City of Jefferson, Missouri. Permittee shall submit copies of said insurance to the Finance Department for approval prior to licensee commencing the operation of the sidewalk cafe. E. Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the Director of Planning and Protective Services has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances, unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four -foot throughway on the sidewalk for pedestrian access. H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with respect to any claims that might be made, arising out of the operation of the sidewalk cafe. The permittee shall accept the permit, subject to his own determination, concerning the authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit. 1. In the event the permittee violates any of the conditions of this Article or conditions which are a part of the permit, the Director of Planning and Protective Services shall have the authority to suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set forth in this Article. Permittee shall thereafter terminate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days' notice. Any person who violates this section or the conditions of the permit shall also be subject to the penalties set forth in section 1-13 of the Code of the City of Jefferson. J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk cafe. K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the Director of Planning and Protective Services, which permit and conditions shall be accepted by the permittee. L. The permit shall be issued annually on November 1. M. The fee for such permit shall be set by the City Administrator in appendix Y. (Ord. No. 13301, 11-5-2001; Ord. No. 15148, § 1, 8-19-2013) Sec. 32-2131. - Extension of liquor license. Notwithstanding the other provisions of chapter 4, alcoholic beverages, where a permittee holds a liquor license for an existing restaurant, the license shall be deemed to extend to the premises of the sidewalk cafe. Sec. 32-2132. - Consumption of alcohol. Notwithstanding the provisions of section 4-17 of chapter 4, alcoholic beverages, where a permittee holds a liquor license for an existing restaurant, the consumption of intoxicating liquor shall be deemed to be permitted on the premises of the sidewalk cafe provided, however, that such permission shall be deemed suspended during such times as the applicable sidewalk is within or within 20 feet of an active temporary outdoor consumption permit unless the license holder places a sign on each table located on said sidewalk which states that no alcohol may be removed from the sidewalk cafe premises, and the premises of the sidewalk cafe is cordoned off from the temporary outdoor consumption permitted area. (Ord. No. 12798, § 1, 8-17-98; Ord. No. 14837, § 2, 8-15-2011) Secs. 32-2133-32-301399. - Reserved. DIVISION 3. DOWNTOWN ELECTRICAL SERVICE AREA Sec. 32-500140. - Purpose and intent. The purpose of this article is to provide for the permissive use of electrical power from the City's electrical facilities located within the Downtown Electrical Service Area. (Ord. 15763, § 1, 1-16-2018) Sec. 32-504141. - Downtown Electrical Service Area established. There is hereby established the Downtown Electrical Service Area, which includes Capitol Avenue from Cherry Street to Adams Street; High Street from Washington Street to Adams Street; and Madison Street from Capitol Avenue to High Street. (Ord. 15763, § 1, 1-16-2018) Sec. 32 502142. - Permit required. No person shall access the electrical power facilities located within the Downtown Electrical Service Area without first obtaining a permit from the Department of Public Works. If a permit is requested for an event, then the event organizer shall apply for and receive the permit for electrical power access for all of the event participants. (Ord. 15763, § 1, 1-16-2018) Sec. 32 503143. - Permit fee. The City Administrator shall establish the fee for the permit to access electrical power in the Downtown Electrical Service Area as set forth in appendix Y. (Ord. 15763, § 1, 1-16-2018) Sec. 32-504144. - Permit duration. The permit shall be valid for up to five consecutive calendar days. The permittee must obtain an additional permit to use the electrical services for a duration longer than five days. (Ord. 15763, § 1, 1-16-2018) Sec. 32 505.145 - Usage Guidelines. The Director of Public Works shall promulgate the guidelines and rules for the usage of electrical power within the Downtown Electrical Service Area. Any user who misuses the system shall pay a reimbursement fee to the City of $50.00 per hour incurred by City personnel to repair the system or the actual charge of any contractor hired by the City to repair the system, whichever is greater. (Ord. 15763, § 1, 1-16-2018) Sec. 32-506146. - Tampering with electrical facilities prohibited. No person shall damage, destroy, misuse, or tamper with the electrical facilities located within the Downtown Electrical Service Area. A violation of this section is an ordinance violation punishable by a fine of up to $1,000.00 or up to 180 days imprisonment, or both. (Ord. 15763, § 1, 1-16-2018) Secs. 32 507147-32 5.09155. - Reserved. Division 4. BANNERS ON UTILITY POLES OR OVER STREETS Sec. 32-699164. - Purpose. The purpose of this section is to establish the practice and procedure for placement of banners on utility poles or over streets within certain areas of the City of Jefferson. Sec. 32161. - Practice. The Department of Public Works, under the direction of the Director of the Department of Public Works, shall be the lead department in the administration of this policy. (Ord. 13600, § 3, 9-2-2003; Ord. 15098, § 1, 4-1-2013) Sec. 32-692162. - Banners on utility poles. A. Requests for overhead banner placement shall be submitted, in writing, to the Department of Public Works not less than four weeks prior to the desired display period. Requesting organizations should contact the Department of Public Works for an application form and instructions. The application shall be accompanied with an installation fee as outlined in appendix Y. The installation fee will be refunded should the application not be approved. B. Banners may be installed for the benefit of non-profit organizations such as, but not limited to, educational institutions (at high school level or higher), associations formed for the purposes of business, and City boards or commissions. C. For purposes of this policy, a "display period" shall consist of March 7 through August 14, August 15 through November 14, and November 15 through March 6. D. Applications will be approved on a first-come, first-served basis excepted as stated hereinafter. The date of receipt of the required fees shall constitute the application date. E. All overhead banners shall be installed under the direction of the Department of Public Works. Requesting organizations may not install banners. Banners will not be installed until all permits, fees and approvals are in place and the requesting organization has delivered the banner to the Department of Public Works' administrative offices. F. This program allows for inspection by the City of existing banners/brackets at an annual cost of $10.00 per banner. Should the Director of Public Works determine that a banner needs to be replaced or should the requesting organization choose to change a banner, the cost for such replacement or change shall be $10.00 per banner. Removed banners must be claimed by the organization at the Department of Public Works offices no less than ten business days after the organization receives notice of removal. A letter mailed to the organization's registered address will constitute notice. Unclaimed banners will be discarded. G. Organizations will be required to have a minimum of either two banners, or at least five percent of the total installed banners, whichever is greater, in reserve for replacements of damaged banners. H. The organization shall be responsible for all banner production costs and must deliver the banner to the Department of Public Works complete and ready for installation in accordance with the Department of Public Works specifications. 1. The organization will hold harmless the City of Jefferson, Missouri from any damages which may arise from the placement of the banner. J. Banner specifications shall be as follows: Size: up to 48 inches high (outside edge to outside edge) and 64 feet six inches long; banner must have a three-inch hem along the top and bottom edge for cabling, with reinforced double stitching; materia! shall be 18 oz. vinyl or banner canvas (Sunbrella) with wind slits to reduce wind load; banners must be printed on both sides; banner may not include any commercial or sponsor logo or advertisement; and banners must be clean and serviceable. All banners submitted by an organization for display during the same time period must be of the same size. (Ord. 15098, § 2, 4-1-2013) Sec. 32-603163. - Temporary event banners over streets. A. Other provisions of this chapter not—withstanding, temporary event banners may be erected in connection with a specific event across public streets subject to the following conditions: 1. Banner may not be attached to a light or utility pole. 2. Permission must be obtained from the property owners on either side of the street where the banner crosses the street. 3. Erection of the banner shall be subject to obtaining permission of the Director of Public Works or his or her designee who may impose conditions as to height, materials, and manner of construction. 4. Banner may be up for a period of no more than four days and may not be put back up for three days. 5. The temporary event banner must be erected by an association which has been organized for at least two years and with at least 25 dues paying members. 6. The temporary event banner may only advertise the event, and may not advertise any specific business, individual, or organization. 7. The temporary event banner must not interfere with traffic if it is to be maintained at times when traffic is passing under it. 8. No less than one week prior to placing the temporary event banner, a permit must be obtained from Director of Public Works or his or her designee. Before issuing the permit the Director of Public Works shall verify that the banner complies with this section and that the applicant meets the eligibility requirements. Fees shall be as set forth in appendix Y. Sec. 32-64164. - Exceptions. The banners listed in this article are not subject to the definitions of banners or advertising devices in chapter 3 of the Code of the City of Jefferson. Sec. 32-606465 - Ownership. The City of Jefferson shall be the owners of any banners placed pursuant to this article but the City Administrator shall be authorized to gift the banners back to the donor upon their removal. (Ord. No. 15813, § 6, 08-21-2018) ARTICLE VIII.DIVISION 5.— NEWSRACKS Sec. 32-20170. - Intent and purpose. The City Council of the City of Jefferson, Missouri, finds and declares that: A. The uncontrolled placement of news racks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic -control and emergency services. B. News racks so located as to cause an inconvenience or danger to persons using public rights- of-way, and unsightly news racks located therein, constitute public nuisances. C. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety and general welfare of persons in the City of Jefferson in their use of public rights-of-way. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-211171. - Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Block. One side of a street between two consecutive intersecting streets. Distributor. The person responsible for placing and maintaining a news rack in a public right-of-way. News rack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals. Parkway. That area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include the area within a roadway which is not open to vehicular travel. Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel. Sidewalk. Any surface provided for the exclusive use of pedestrians. Street. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 212172. - Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the City of Jefferson any news rack without first having obtained a permit from the City specifying the exact location of such rack(s). One permit may be issued to include any number of news racks. All news racks on a public street or sidewalk, or in any other public way or place, on the date this article becomes effective shall comply with the provisions of this article, including permit requirements, within 30 days after the article becomes effective. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 213173. - Application for permit. Application for such permit shall be made, in writing, to the Director of Public Works upon such form as shall be provided by the Director, and shall contain the name and address of the applicant, contain the proposed specific location of said news racks, and be signed by the applicant. The application shall also contain the name, address and phone number of a person designated by the applicant to receive the notices and emergency calls designated in this article. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 21'1174. - Conditions for permit. A. Permits shall be issued immediately upon application for the installation of a news rack or news racks without prior inspection of the location, but such news rack or news racks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this article. B. Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in section 32-213173. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 215175. - Standards for maintenance and installation. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No news rack shall exceed five feet in height, 30 inches in width, or two feet in thickness. B. No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspaper or news periodical. C. Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin -return mechanism, or to give the notices provided for in this article. D. Each news rack shall be maintained in a neat and clean condition and in good repair at all times. (Ord. No. 10219, § 6-4-84) Sec. 32 216176. - Location and placement of news rack, Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No news rack shall be permitted to rest upon, in or over any public sidewalk or parkways, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location unreasonably interferes with public utility purposes, public transportation purposes or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence or place of business or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted and located at or near said location. B. No news rack shall be chained or otherwise attached to any public property, except that news racks may be bolted to the sidewalk under guidelines established by the Director of Public Works. The guidelines shall minimize cracking or other damage to the sidewalk, shall minimize hazardous projections, and shall require installation of a nature which minimizes damages and hazardous projections when the rack is removed, C. News racks may be chained or otherwise attached to one another. No more than three news racks may be joined together in this manner, and a space of no Tess than 24 inches shall separate each group of three news racks so attached. D. Notwithstanding the provisions of subsection (a), no news rack shall be placed, installed, used or maintained: 1. Within three feet of any crosswalk. 2. Within 15 feet of any fire hydrant. 3. Within five feet of any driveway, public or private. 4. Within 50 feet of any fire or police station. 5. Within three feet ahead or 30 feet to the rear of any designated bus stop sign, except that this provision does not prohibit a news rack on the building side of the sidewalk in this area as long as it complies with the other provisions of this article. 6. Within five feet of any designated taxi stand or place marked for handicapped parking. 7. Within three feet of any bench or the entrance to a bus shelter. 8. On the same side of the street in the same block with any other news rack which contains the same issue or edition of the same newspaper or news periodical. 9. So as to interfere with or impair the vision of operators of vehicles at street intersections and/or street and alley intersections. 10. In such a manner as to impede or interfere with the reasonable use of a window used for display purposes. A news rack placed at least six feet away from a display window does not impede or interfere with its reasonable use. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 217177. - Violations. A. News rack installed, used or maintained in violation of the provisions of this article shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the news rack if the violation is not corrected within seven days, and the procedure for obtaining a hearing before the City Administrator, if desired. In addition, an order to correct the offending condition will be issued to the distributor of the news rack by mailing a copy of the order by certified mail, return receipt requested. B. If the news rack remains in violation past the seven-day correction period, and no hearing has been requested, the news rack shall be removed by the Director of Public Works or his designated officer and stored in any convenient place. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Administrator. Any such news rack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within 45 days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of the City Code. C. Any news rack in violation of the provisions of this article, which violation creates an immediate danger to the health, safety or welfare of the public, and which cannot be corrected by moving or otherwise repositioning the news rack, may be removed and stored in a convenient location so as to eliminate the danger. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Administrator. Any news rack removed and stored pursuant to this paragraph shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within 45 days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of this City Code. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 21817£3. -Appeals. Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this article may appeal, and shall be apprised of the right to appeal, to the City Administrator. An appeal must be perfected within seven days after receipt of notice of any protested decision or action by filing with the office of the City Administrator a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. A hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. Appellant shall be given at least seven days' notice of the time and the place of the hearing. The City Administrator shall give the appellant, and any other interested party, a reasonable opportunity to be heard. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of whether or not the news rack is in violation of the provisions of this article, and whether or not the procedures required by this article have been substantially followed. The City shall be required to present its evidence first. All testimony shall be under oath, which shall be administered by the City Administrator. Within ten days from the date of the hearing, the City Administrator shall render his decision and shall mail a copy of that decision to the distributor. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-219179. - Disclaimer. This article, while regulating news racks in public rights-of-way, is not to be construed as a sanction of them. The first amendment to the Constitution of the United States has been interpreted by the courts as prohibiting the banning of news racks. Therefore, nothing contained in this article shall be construed as the City's acquiescence in, liability for, or assumption of the risks of the placement of news racks in the City, whether or not they are in conformity with the provisions of this article. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 220180. - Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 10219, § 1, 6-4-84) Secs. 32 221181-32-2-2-9189. - Reserved. DIVISION 6. ADOPT -A -STREET AND ADOPT -A -SPOT PROGRAMS Sec. 32-400190. - Definitions. Adopted section means a particular section of City right-of-way or other City property designated by the City Administrator, or his or her designee, to be adopted by the volunteer individual or group participating in an Adopt -A -Street or Adopt -A -Spot program. Adopter means the individual or group approved by the City Administrator, to be a participant in the Adopt -A -Street or Adopt - A -Spot. Adopter representative means a group member designated to represent the volunteer group and serve as its liaison with the City Administrator. The adopter representative is the person who signs the agreement. Agreement means the written agreement between the volunteer individual or group adopting a section of City right-of-way or other City property and the City Administrator. Applicant means the individual or group applying for participation in the Adopt -A Street or Adopt -A - Spot program. City Administrator means the City Administrator of the City of Jefferson, Missouri, or his or her designee. Department means the Department of Public Works. Director means the Director of the Department of Public Works or his or her designee. Litter means any unsightly matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, and cigar or cigarette butts. Litter does not include hazardous, heavy, or large items. Participant means any individual, including individuals within a group, who will be participating in a program activity. Program means the Adopt -A -Street or Adopt -A -Spot program. Program activity means activities authorized by this article. Signs mean the Adopt-A-Street or Adopt-A-Spot signs provided by the Department. Violent criminal activity means any offense having as an element the use, attempted use, or threatened use of physical force against the person or property of another or any offense involving weapons. Sec. 32-49191. - Application for participation. A. The adopter or adopter representative of a group who desires to participate in the program shall submit an application for the requested program to the City Administrator, on the form provided. B. An application completed by an individual on behalf of a group or organization must identify the group or organization for which the application is being submitted and failure to identify the group or organization on the application will result in rejecting the application. C. Adoption eligibility. Civic and nonprofit organizations, commercial and private enterprises, and individuals may be eligible to adopt. Applicants who do not meet the eligibility requirements will be denied participation in the program, and adopters who no longer meet the applicant eligibility requirements may be removed from the program. The City Administrator reserves the right to limit the number of adoptions for a single group. D. The following applicants are not eligible to adopt: 1. Individuals who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity; or 2. Organizations and enterprises with any program participants who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity. E. Acceptance of application. The City Administrator has the authority to approve applications of individuals or groups applying to participate in the program. F. Denial of application. The City Administrator is authorized to deny requests for participation in the program. A request for participation in the program may be denied if the applicant does not meet the eligibility requirements or has submitted false statement(s) of a materia! fact or has practiced or attempted to practice any fraud or deception in an application. Material facts include statements regarding convictions of violent criminal activity. Sec. 32-40192. - Agreement; general responsibilities of adopter and the City. A. If an application is approved by the City Administrator the adopter or adopter representative shall execute a written agreement with the City of Jefferson, which shall be approved by the City Counselor, and upon signing by both parties, the agreement shall become effective and provides for the individual's or group's participation in the program. B. Responsibilities of adopter. The adopter shall: 1. Abide by all provisions contained in the agreement and any other terms and conditions as required by the City Administrator; and 2. Provide to the City Administrator, the name and complete mailing address, including street address, of the adopter representative. The adopter shall notify the City Administrator within 30 days of any change of the adopter representative's name or address; and 3. Provide instruction to all members of the group participating in the program activity regarding conducting all activities in a safe and careful manner, including awareness that work next to any street may be an inherently dangerous activity; and 4. Properly use all equipment in a safe, responsible, and professional manner and have all members watch a safety video provided by the Department; and 5. Provide one adult supervisor for every eight participants between 13 and 17 years of age and one adult supervisor for every four participants between ten and 12 years of age. No one under the age of ten will be allowed to participate in the program; and 6. Adopt -a -section of right-of-way for a minimum of three years and submit a new application every three years if the adopter wants to continue participation in the program; and 7. Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas; and 8. Perform program activity between the hours of one hour after sunrise to one hour before sunset; and 9. Prohibit program activities during inclement weather; and 10. Prohibit participants from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program activity; and 11. Indemnify and hold harmless the City of Jefferson and their officers, employees, and agents from any claim, lawsuit or liability which may arise from adopter's participation in the program or as provided by the law; and 12. Submit to the City Administrator, within five working days of any program activity, the following information: a. The adopter's name; and b. The date(s) of the program activity; and c. The total hours involved in the program activity; and d. The total volunteers involved in activity; and e. The total number of bags of trash picked up, or other activity performed. 13. Not subcontract or assign its responsibilities under this program to any other enterprise, organization, or individual unless assignee is also eligible to adopt; and 14. Not decorate or alter the signs. C. Responsibilities of the City. The City Administrator will: 1. Determine the specific section of right of -way or City property that is to be adopted; 2. Install and maintain a sign or signs, if desired by the adopter. Signs may be placed at both ends of the adopted section, or at a single location as determined by the City Administrator. 3. Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished. 4. Provide the adopter with a safety video. Sec. 32-483193. - Authorized program activity and specific responsibilities of adopter. A. Adopters may be authorized by the City Administrator to perform one or more of the following activities. Only activities authorized in the Agreement shall be permitted: 1. Collection of litter, 2. Mowing and/or maintenance of plants and landscaping; 3. Planting or installation of approved landscaping plants and materials; 4. A combination of the above activities. B. Responsibilities of adopters who are authorized to collect litter shall be as follows: 1. Collect litter along the adopted section four times a year, or as outlined in the Agreement; and 2. Adopt a minimum of one-half mile or shorter length as determined by the City Administrator; and 3. Place litter in trash bags and place filled trash bags at a designated location; and 4. Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements; and 5. Notify the City for disposal of filled litter bags as soon as possible after litter pickup. C. Responsibilities of adopters authorized to mow, maintain , and/or install landscaping shall be as follows: 1. Adopt a specific "spot," such as a round -about and/ or area of right-of-way or other City property, as agreed upon and specified in the Agreement; 2. Accomplish mowing in a safe manner and as needed to comply with all City codes. 3. if installing landscaping, submit a plan showing types of plants and materials proposed to be used, and a schedule for maintenance. Planting and landscaping materials and the schedule for maintenance shall be as approved by the City Administrator. Sec. 32-404194. - Signage. A. Upon request of an approved and finalized adopter agreement, the Department shall erect one sign for Adopt A -Spot, or multiple signs designating the adopted sections for Adopt -A -Street programs. B. The signs shall: 1. Identify the adopter or, subject to the approval of the City Administrator, may identify an individual in whose memory the adoption is being made; and 2. Be designed by the Department as to size, color, and text; and 3. Have the actual name of the adopter, or individual in whose memory the adoption is being made, with no telephone numbers, logos, slogans, dates, or addresses, including Internet addresses, with verbiage kept to a minimum; and 4. The signs shall not contain wording that is obscene, profane, or sexually suggestive, or implies an obscenity, profanity, or sexual content. Signs are not intended to be an advertising medium or serve as a means of providing a public forum for the participants; and 5. The signs shall not be altered or decorated by the adopter at any time. C. The erection of a sign is not a requirement for participation in the program. 1f during the length of the agreement, a sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department will erect a single replacement sign at Department cost. The repair and reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department will erect a second replacement sign at Department cost. If the second replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department may remove the sign if still present, and no replacement sign will be erected. Sec. 32-405195. - Modification or termination of the agreement. A. The agreement may be modified or terminated at the discretion of the City Administrator.. B. After three years of participation in the program, an adopter may terminate the agreement upon notice to the City Administrator. (Ord. 14803, § 1, 6-20-2011; Ord. No. 14829, § 8, 8-1-2011; Ord. No. 14994, § 2, 7-16-2012) Secs. 32-493196-32-4199. - Reserved. ARTICLE IX. ^RTI -C-! E XDIVISION 7. - HOUSE NUMBERS ON CURBS See. 32-3200. - Purpose and intent. The purpose of this Article is to provide for the licensing and regulation of the business of painting street addresses on curbs within the City of Jefferson. Sec, 32 311201. - Posting bills, painting signs, etc., prohibited; exceptions. A. It shall be unlawful for any person to post or cause to be posted any bill, or paint, write or print, or cause to be painted, written or printed, any sign or device on any sidewalk, street, bridge, viaduct, pole, tree, post or on any wall, building or structure, or other property of another, unless in the case of private property, the prior consent of the owner thereof has been secured. For the purposes of this section, the presence of any bill, sign, device, painting, or printing in a location prohibited by this section which contains or includes the name of a business or corporation or the name by which a business or corporation is doing business, shall be prima facie evidence that both the business or corporation and its manager(s), officer(s) and director(s) had knowledge thereof and had posted, painted, written, or printed such bill, sign, device, painting or printing in such location or caused the same to be posted, painted, written or printed in such location. Further for the purposes of this section, the presence of any bill, sign, device, painting or printing in a location prohibited by this section which shall contain or include the name of any person shall be prima facie evidence that such person had knowledge thereof and had posted, painted, written or printed such bill, sign, device, printing or painting in such location or caused the same to be posted, painted, written or printed in such location. B. The Director of Public Works is hereby authorized to issue permits allowing the placing of house numbers on curbs on public streets and other public rights-of-way. The Director of Public Works is authorized to issue permits under such conditions and to such persons as the Director deems competent and responsible. The provisions of paragraph (a) of this section shall not apply to the placing of street numbers on curbs which conform to the rules and regulations and for which a permit has been issued. C. Nothing in this Article shall be construed to prohibit a property owner from placing house numbers on curbs on public streets and public rights-of-way in front of their own property in the manner provided in section 32202, except that the provisions of subparagraphs (d) and (f) of section 32- 3-1-2--202 shall not apply to property owners. (Ord. No. 13301, 11-5-2001) Sec. 32202. - Requirements for painting on curbs. A. Numbers shall be uniform, easily legible and meet the following standards: 1. Numbers shall be on a white background six inches by 18 inches. 2. Numbers shall be black, round -block style, three inches high with a height -stroke ratio of 6:1. 3. Paint shall be of a quality meeting A.S.T.M. standards for traffic marking paint for appearance, durability and night visibility. Paint quality shall be approved by the Director of Public Works. B. Numbers shall be placed only on curbs in good condition. C. Numbers shall be located on the curb in front of the house. D. Business licenses will be issued by the Finance Department. E. Persons applying these signs and markings to the curbs who do not comply with these standards shall have their business license revoked and be responsible for removal of any work done. F. Permits will be issued by the Public Works Department, (Ord. No. 13301, 11-5-2001) Sec. 32 313203. - Revocation of permit. A. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public Works if the licensee or anyone acting under the licensee's direction or control as an agent or employee violates any of the provisions of this article. B. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public Works if the licensee knowingly has made any false, misleading or fraudulent statement of material fact in the application for a license required in this article. C. Any permit issued pursuant to the provisions of this article shall be revoked by the Director of Public Works if the licensee or any person acting under the licensee's direction or control as an agent or employee has displayed to a customer or prospective customer for curb address painting, either the original of or any copy of an expired or revoked license. (Ord. No. 12603, § 1, 4-21-97; Ord. No. 13301, 11-5-2001) Secs. 32-34.4204-32-329209. - Reserved. ARTICLE XI. ARTICLE XII. ARTICLE XIII. ARTICLE XIV. ARTICLE VII. SPECIAL ASSESSMENTSW Footnotes: --- (2) --- State Law reference— Special assessments generally, RSMo § 88.507 et seq. Sec. 32 33210. - Method of computation. A. Subject to the provisions of subsection B of this section, the cost of any work or improvement provided for by articles 111 or 1 -VII of this chapter that is made or done by contract or by the Director of Public Works acting for the City shall be levied as a special assessment against the lot tract or parcel of land along, abutting and in front of such improvement. The cost of approaches, as defined in section 32-9931, shall be levied as a special assessment against the corner lots with which such approaches abut and connect. The cost of grading, paving or macadamizing the squares and areas as formed by the crossing or meeting of streets, avenues or alleys, or parts thereof or connections therewith, shall be paid for by levying a special assessment, as follows: Such areas shall be divided into parts or portions by lines drawn Lengthwise along the middle of each street, avenue or part thereof so intersecting or meeting, and the costs of such parts or portions shall be levied as a special assessment against the block or square contiguous to each and prorated, in proportion to the front feet, against the lots or pieces of ground in such block or square fronting or abutting on each of such intersecting, crossing or meeting streets, avenues or alleys, or parts thereof. B. If the City Council, by the ordinance authorizing and directing such improvements to be made, shall provide that ail or any portion of such improvements shall be paid for in whole or in part out of the general revenue funds or other funds which the City has available for such purposes, only such portion of such improvements shall be paid for through the issuance of special assessments as is specified in the ordinance authorizing and directing the improvements to be made. (Code 1977, § 33-37; Ord. No. 13301, 11-5-2001) Sec. 32-9211. - Director of Public Works to make report; assessment; issuance of tax bills. Upon the completion of any sidewalk or street improvements, or any improvement contemplated in this chapter, whether made and done by contract or by the Director of Public Works acting for the City as herein provided, in accordance with the plans and specifications and contract for such improvements and according to the plans and specifications therefor if the work was done by the Director of Public Works acting for the City, as herein provided, the Director of Public Works shall compute the cost thereof and apportion such cost among the various tracts and parcels of land changeable therewith, charging each tract of land with its proportionate part of the cost as required by law. The Director of Public Works shall make a written report to the City Council that such improvement has been completed in accordance with the contract for such improvement, and if the work has been done by the Director of Public Works acting for the City, as herein provided, reports that such work has been done according to plans and specifications therefor, which report shall contain a written description of each tract and parcel of land chargeable with a part of the cost of such improvement, the amount with which itis chargeable and the name of the owner thereof. If the Council accepts the work and approves such report, it shall, by ordinance, levy and assess the cost of the work against the various lots, tracts and parcels of land with its proportionate part of the cost of such work in accordance with the law relative to such charges, and shall direct the City Clerk to issue special tax bills in accordance with such ordinance. (Code 1977, § 33-38; Ord. No. 13301, 11-5-2001) Sec. 32-40212. - Special tax bills—Contents. All special tax bills issued to pay for sidewalks, street improvements or any work or improvement contemplated in this article shall be issued as provided for in chapter 1 of the City Code. (Code 1977, +' 33-39; Ord. No. 13301, 11-5-2001; Ord. 14977,§ 2, 5-21-2012) Sec. 32-44213. - Special tax bills—Methods of payment. Any special tax bill for the construction of any sidewalk shall be paid as provided for in chapter 1 of the City Code. (Code 1977, § 33-40; Ord. 14977, § 3, 5-21-2012) Sec. 32-42214. - Special tax bills—Records. The City Clerk shall, on completion of all special tax bills hereinafter issued as provided by sections 32-48212 and 32-44213 record the bill as provided in chapter 1 of the City Code. (Code 1977, § 33-41; Ord. 14977, § 4, 5-21-2012) Secs. 32-433215-3243219. - Reserved. ARTICLE VIII. MISCELLANEOUS Sec. 324220. - Street names and widths. The names and widths of the various streets in the City shall be as now platted and dedicated to the City, or as have been specifically changed or established by ordinance of the Council, or as may be hereafter platted and dedicated or established by ordinance. (Code 1977, § 33-1; Ord. No. 10893, 9-9-87; Ord. No. 13185, , ' 2, 5-7-2001) State Law reference— Municipal authority to change street names, RSMo 77.220. Sec. 32-2221. - Closing streets, alleys, etc. A. Construction or maintenance. The Director of Public Works is hereby authorized to close any public street, alley, highway, roadway, or sidewalk in the City and withdraw such from public use for such time as may be required for said construction. Closure may only be granted after notice to the Police Chief Any such closure shall address pedestrian access and safety. B. Other closures. The Chief of Police upon giving notice to the Public Works Director, is hereby authorized to close any public street, alley, highway, or roadway in the City and withdraw such public street, alley, highway, or roadway from public use temporarily for a maximum period of three days for purposes not identified in subsection A in accordance with the following: 1. The Chief of Police shall promulgate an application form for a street closure request, which may include the area of street proposed to be closed, all reasons that said street should be closed, the intended use of the street during closure, and any other information the Chief of Police may deem appropriate. 2. Upon receipt of an application for street closure, the Chief of Police shall authorize the closure of the said street, unless the Chief of Police finds one of the following: a. There are not sufficient alternate routes available to allow the safe and orderly movement of traffic through the area; or b. The closure will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such closure; or c. The closure will require the diversion of so great a number of City employees, including police officers, that normal City services cannot be provided elsewhere; or d. Previously approved or annual events scheduled for the same time as the proposed closure will require the diversion of so great a number of City employees, including police officers, that necessary City services cannot be provided to the area proposed to be closed; or e. The street closure is reasonably likely to cause injury to persons or property; or f The street closure is reasonably likely to cause a negative financial impact to those businesses adjacent to the closed street; or The requested street closure is longer than necessary to accomplish the purpose behind the request for street closure. Upon such finding, the Chief of Police may approve a street closure which is limited to only that time which is necessary for the activity or event; or h. The purpose for the street closure does riot require the closure of the entire area of the request. Upon such finding the Chief of Police may approve a street closure which is limited to only that area necessary for the activity or event; or The street closure is being held for the primary purpose of advertising any product, cause, goods or event for a for profit entity; or The street closure is primarily necessary only to provide convenient parking for an activity or event. g. 1• 2. The Chief of Police shall notify the applicant of his determination. C. Any person using or attempting to use such street, alley or public highway so withdrawn from public use, or driving or attempting to drive any animal or vehicle thereon, shall be deemed guilty of a misdemeanerari offence. D. Any street closing not authorized by this section or by another section of the City Code, or any closing in excess of the time for closure allowed pursuant to said sections shall require a permissive use of right of way granted by the City Council. (Code 1977, § 33-2; Ord. No. 9549, § 1, 11-17-80; Ord. No. 13301, 11-5-2001; Ord. 14871, § 1, 11-7-2011) Sec. 32-3222. - Vacating public rights-of-way. A public right-of-way for any street, alley, avenue, drive, boulevard or other public thoroughfare may be vacated by ordinance approved by Council. The vacating process may be initiated by Council or by the following petition process: 1. A written petition signed by two-thirds of the property owners abutting upon the right-of-way sought to be vacated, accompanied by a description of the involved right-of-way shall be filed with the Director of Public Works. Ci k . 2. The petition shall be referred to the City Council. 3. If the Council finds that the petition for vacation should be approved, the proposed vacation shall be further conditioned upon the passage and approval of an ordinance declaring the involved right-of-way vacated and discontinued for public purposes. 4. Any easement which is, or which may reasonably be, required for City sanitary sewer or surface water drainage facilities, or for any gas, water, electrical, telephone or telegraptitelecommunications facilities or services, whether or not such facilities or services exist or will be constructed, shall be reserved to and retained by the City in any ordinance authorizing and approving the vacation of all or any part of the involved right-of-way. (Code 1977, § 33-3; Ord. No. 10065, ,sC 1(33-3), 9-19-83; Ord. No. 15505, § 1, 3-21-2016) State Law reference— Municipal authority to vacate streets, RSMo § 88.637. Sec. 32-4223. - Sale, etc., of goods, wares or merchandise upon public streets. It shall be unlawful for any person to place or stand for sale or advertising purposes any goods, wares or merchandise of any kind, directly or indirectly, upon the surface of the improved portion of any street, alley or roadway within this City, within the parking area which lies between the curb of any street and the edge of the sidewalk lying closest to the curb, or upon the traveled way of the sidewalk within the City unless otherwise provided for in City Code.: (Code 1977, § 33-4; Ord. No. 13313, § 1, 12-17-2001) Sec. 32-5224. - Obstructing street lamps, etc. Any person who shall erect or maintain any awning or sign board, or other obstruction, on any sidewalk or street in such a manner as to obstruct or obscure the light of any street lamp or electric light within the City shall be deemed guilty of an offence.° misdemeanor (Code 1977, § 33-5) Sec. 32-6225. - Obstruction of streets, alleys or sidewalks generally; placing of red lights an obstructions. A. It shall be a nuisance to encumber any street, alley or sidewalk within the City, by placing or causing to be placed thereon wood, coal, boxes, crates, merchandise, lumber, brick, stone, gravel, sand or other articles. Any person may use the streets, alleys and sidewalks in the construction of any new building, or in the removal, repair or alteration of any building, or for the purpose of piling thereon of building materials or tools; provided, that such person shall first have obtained the written permission from the Department of Public Works to use such street, alley or sidewalk for such purpose. B. Such person shall cause to be placed a sufficient number of red lights on any obstruction placed by them or under their direction, _ ..•- - =••= - - e . .. - on the street, alley or sidewalk. The number of the red lights shall be determined by the Department of Public Works. The red lights shall be illuminated from thirty minutes prior to sunset until thirty minutes after sunrise. 1. The months of December, January and February, from 5:00 p.m. to 7:00 a.m. 2. During the months of March, April and May from 6:00 p. m. to 6:00 a.m. 3. During the months of Juno, July and August from 7:30 p.m. to 5:00 a.m. 4. During the months of September, October and November from 5:30 p.m. to 7:00 a.m. (Code 1977, § 33-6; Ord. No. 13301, 11-5-2001) Sec. 32-7226. - Taking of rock, gravel, etc., from, or depositing same upon, streets, sidewalks, etc. Any person who shall take from or deposit on any street, sidewalk or other public place of the City, or on property not owned or controlled by him, without having lawful authority so to do, any turf, loam, gravel, rock or other material shall be deemed guilty of an offence. . (Code 1977, § 33-8) Sec. 32-8227. - Leaving excavations, cellar openings, etc., open or unprotected. A. If any person in the City shall dig, or cause to be dug, or shall make any excavation in or adjoining any highway, thoroughfare or other public place, or shall dig any well, cistern or vault, and shall leave the same open or exposed and without a sufficient fence or other protection around it, or shall suffer or permit any cellar door or grating, opening on any highway or thoroughfare, to be and remain open or in an unsafe or dangerous condition, whereby persons may be in danger of falling on or over cellar door or into such cellar or vault, the person so offending shall be deemed guilty of an offence. B. Any public officer, or contractor for public work, who shall make an excavation in any street or any other public place in the City, and who shall not cause the same to be so enclosed or protected as to prevent persons, animals or vehicles from falling therein, shall be deemed guilty of an offence. a misdemeanor, (Code 1977, ,§,¢ 33-9, 33-10) Sec. 32-9228. - Spilling concrete on streets. Any person within the City who permits any ready mixed concrete to fall upon or spill upon any street of the City, except when such ready mixed concrete is being deposited upon a roadway during the construction of a street improvement, shall be deemed guilty of an offence. . (Code 1977, § 33-11) Sec. 32 10. Change in grading, paving, etc., necessitating change in location of water pipe, hydrant, etc.; installation of water pipes, etc., generally. When any street, bridge or other public place in, upon, over, across or un , hydrant, appurtenance or other facility of any person engaged in the business of soiling water to the necessary, such person, his successors and assigns, shall make such necessary change, but the cost of rson and one half by the City; provided, that before such made to the City Council for the establishment of permanent grades, curb lines and sidewalk lines, unless shall then i permanent grades and lines. The City shall promptly establish such permanent grades and lines upon .such applications, and -such mains, pip shall be as set forth in Appendix Y. {Code 1977, § 33 12; Ord. 1 1272, ij 10, 10 15 2007) Sec. 3244229. - Depositing snow on public rights-of-way. A—No person shall deposit or cause to be deposited snow or ice from private parking lots or privately owned property on, er-against, or in any manner which interferes with the use of a fire hydrant or the paved portion of any street, alley, sidewalk, trail, or loading or unloading area of public transportation. B. No person shall deposit or cause to be -dap (Ord. No. 9768, sr 1, 4-5-82) Sec. 3242230. - Litter. A. Each person in the City shall keep the sidewalks, tree wells in sidewalks, gutters, public rest areas and public alleys in front of and adjacent to any building, tenement, room or real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of mud, filth, dirt debris, trash, litter and other substances, and weeds and grass, and shall also keep any grass median area between the property line and the street in front of or adjacent to any such property mowed and free from filth, debris, trash, litter and weeds, and shall also keep the sidewalks in front of and adjacent to any such property free and clear of any accumulation of snow and ice which presents a hazard to pedestrians. If any such building abuts directly upon a public street, that portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris, trash, litter and other substances. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be fined not less than $50.00, or more than two hundred fifty dollars ($250.00), or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Each day that the condition exists in violation of this subsection constitutes a separate offense. B. Each person in the City shall further keep any yards, grounds, driveways and any other private, nonpublic real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of filth, debris, trash, litter, weeds and other substances. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection (A). C. Each person shall keep any parking lot in the City which is owned or managed by him, or which is under his supervision and control, clean and clear of filth, debris, trash, litter and other substances. Violation of this subsection is an offence a misdemeanor, and any person convicted thereof shall be subject to the same penalties as are prescribed fora violation of the provisions of subsection (A). D. It is unlawful far any person, purposely or otherwise, to throw, place or deposit, or to cause to be thrown, placed or deposited, upon any public street, alley, sidewalk, tree well in sidewalks, gutter, rest area or public property of any other kind or description, or upon private property of any kind or character, or in any stream bank, stream, or body of water, any garbage, filth, debris, trash, rubbish, litter of any other kind, nature or description, offal, animal carcass or parts thereof, unclean water, or other substances, materials or objects declared to be a nuisance, other than in proper containers or receptacles designed and authorized for such purpose. Violation of this subsection is an offence, a m,sdenaeene and any person convicted thereof shall be fined not less than $50.00, or more than $500.00, or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Notwithstanding the foregoing, if any person is convicted of a violation of this subsection, and if the court finds that the violation occurred while the person was the driver or occupant of an automobile, truck or motor vehicle of any other description, whether said vehicle was then moving or at rest, then the minimum fine for the violation shall be $25.00, and the minimum sentence of confinement shall be one day, and the maximum fine and sentence shall be as set forth in this subsection. E. No person shall deposit any trash, rubbish or solid waste from any household in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. a misdemeanor. F. No person who owns or manages, or who is employed by, a commercial establishment or institution, shall deposit trash, rubbish or solid waste from that establishment or institution in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. a misdemeanor. G. Any police officer, property inspector, or - • : -- - of Public Works and any employee of the City parking and traffic authority who has the authority to issue tickets for parking violations, shall have authority to enforce the provisions of this section, including the issuance of tickets, citations and summons to appear in court. (Ord. No. 9422, § 1, 5-5-80; Ord. No. 9602, §§ 1, 2, 5-5-80; Ord. No. 13301, 11-5-2001) Cross reference— Materials escaping on roadway, § 19-314; vehicle load restrictions, § 19- 315; solid waste, ch. 30; prohibited practices, sC 30-19. Sec. 32-X3231. - Connection of private roadways to public streets. No person shall connect any roadway to any street owned or controlled by the City without the permission of Director of Public Works which such permission shall only be given if the Director determines that the area to be served by the new roadway is substantially within the corporate boundaries or the owners of all properties to be served by the new roadway sign an irrevocable agreement, binding on their successors and assigns, to be annexed whenever the property becomes eligible for annexation in a form approved by the City. For the purposes of this section, the term "new roadway" shall mean the roadway which will be connected to an existing City street. The City Administrator is hereby authorized to negotiate and execute on behalf of the City the agreements called for in this section so long as the City is not thereby obligated in an amount on any one agreement in excess of $25, 000. (Ord. No. 13881, § 3, 5-16-2005) Sec. 32 14. Pedestrian control signs, Whenever spacial pedestrian control signals exhibiting the words "Walk" or "Don't Walk", or folly vehicles; 8. "Don't Walk" or symbol of an upraised hand, no pedestrian shall start to cross the roadway in the direction of such signal, but any pedestria C. Flashing "Don't Walk" or flashing symbol of an upraised hand, no podostfian shall -tart to Gross (Ord. No. 11651, V 1, 3 15 2010) g -Don't Walk" signal or flashing symbol of an upraised hand is Secs. 32 15 32 23. Reserved. .Sec. 32 102232, - Privately owned, operated, and maintained pole lighting. A. Upon proper application for permissive use of right-of-way and approval of the City Council, privately owned, operated and maintained pole lighting may be installed on the City right-of-way. All expenses, such as cost of lighting, installation, maintenance, and power shall be at the expense of the owner. B. Poles, light fixtures, and globes and the location and installation thereof are subject to approval of the Department of Public Works. Illumination shall be in accordance with Section 35-57 of the City of Jefferson Zoninq Code.400, 500, 600, 700, 800 and 800 blocks of East High and East Capital Streets: Pele-style Victorian fluted, tapered Bole -height imurn P-ele aterial Polo color Satin -black Pole accesso Access panel, with interior anchor lugs ries Glebe -style Asern Glebe material Illumination shall be in accordance with section 35 57 of the City of Jefferson Zoning !llu ination 8rdinanco, generally not to exceed 0.20 foot candles in all zoning districts, except C 2, 1 and 2 whoro up to 0.30 foot candles aro allowed. 1. The base of the globe shall b 3. Pole basos shall bo installed in accordance with tho standards established by tho Department of C. If the owner fails to properly install, operate, or maintain the pole lighting, the Director of the Department of Public Works (Director) may give seven days' notice to the owner to correct any deficiencies. If the deficiency is not corrected within seven days or reasonable steps to effectuate a correction are not commenced and diligently pursued within said seven-day period, the pole lighting may be removed by the City at the expense of the owner and permissive use of right-of-way may be revoked. If the Director determines that the condition of the pole lighting constitutes a hazard to public safety, the City may remove the pole lighting without advance notice to the owner and at the owner's expense, and the permissive use of the right-of-way may be revoked. D. No application shall be approved unless the owner executes a written agreement, approved by the City Counselor, containing terms and provisions consistent with these guidelines. E Fees for a privately owned pole lighting plan shall be as set forth in appendix Y. (Ord. 13620„¢" 1, 9-15-2003; Ord. 14272, 10, 10-15-2007) Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634,6562 • www.jeffersoncitvmo.gov Date: January 14, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer Subject: 2020 Capital Improvement Project Work Plan City Staff is asking the Committee to concur with the attached Capitol Improvement Work Plan for the Engineering Division. The Engineering Division continues to work on projects within the joint City/County category of the sales tax. This year there are three such projects. The first is the completion of the Dunklin Street Bridge and Corridor project which was delayed due to the flooding last year. The second is the East High Street project which is now under construction and will refurbish the street from Locust Street to Vetter Lane. The third project is the Clark Avenue Corridor project which due to the award of cost share funding will be expanded to include improvements to the ramp terminals at Highway 50163 in addition to the roundabout at Clark and Dunklin. There are a number of stormwater projects that are planned for this year including repair of a collapsing box culvert near Midway Street, a reconstructed system on Leonard Drive to eliminate flooding, pipe replacement on Major Drive, a new pipe at Chestnut and Leslie, and a grant application and design work on Norris Drive. The pipe lining project that was begun last year will continue into this year as well. There are plans for sidewalks including the extension of sidewalk along Boonville Road to Lowell Drive, sidewalk replacement and repairs in the Chestnut and Miller Street area that will be funded with CDBG monies, and a sidewalk along the length of Grant Street to provide better pedestrian access to Riverside Park. The Grant Street Sidewalk is one of several projects that the engineering division is designing and managing for the Parks Department. Other projects include bicycle marking and signage along Ellis, Seven Hills, and Eastland, a raised crosswalk on Kansas Street at the ice arena, and a collaborative effort on the construction of the Bicentennial Bridge to the river front park. Work will also take place on several projects at the airport and upgrades to parking lot 24 which lost most of its trees as a result of the tornado. If you have any questions concerning this item I can be reached at 634-6433. DB:db U:\Public Works\Engineeringldbange\PUBLIC WORKS & PLANNING1202012-202012020 CIP Work Plan.docx Project 2020 CIP Work Plan Associated Tasks to be Pursued in 2020 Estimated Expenditures Related to 2019 Tasks Source of Funds Roadway Dunklin Street Bridge and Corridor* East High Street, Locust to Vetter* Clark Avenue Corridor' Street Resurfacing Fog Sealing Stormwater Midway Street Leonard Drive Major Drive (1200 block) Norris Drive Leslie and Chestnut Pipe Lining Project Emerging Projects Sidewalk/Greenway Boonville Sidewalk, Wayne to Lowell Chestnut/Miller Street Sidewalk Bike Marking/Signage on Ellis, Seven Hills, Eastland Grant Street Sidewalk Kansas Street Crosswalk Bicentennial Bridge Transit Transit Feasibility Study Other Parking Lot 24 Renovations Airport Terminal Demo Airport Terminal lighting and parking renovations Airport fence repair Downtown Parking Lot Renovations Supplemental Environmental Plan (SEP) projects Repair of sidewalk and steps between City Hall and the Police Station Veteran's Plaza • Existing or Proposed City/County Cooperative Project Complete Construction Construction, Project Management Project agreements with MoDOT and the County, Consultant Contract, and Right of Way Acquisition Selection, Specifying, Construction Selection, Specifying, Application Complete design and Construct Complete design and Construct Survey, Design, and Construction Grant Application, Survey, and design Survey, Design, and Construction Complete Construction As Needed Construction, project management Complete Design, Construction Bidding and Installation Complete design and construct Design, Bidding, and Construction Bidding and Construction RFQ and Contract Management Design and Construction Bidding, Protect Management Design and Construction to Integrate with new hanger/terminal building Specification, bidding, project management Design and Construction consultation as needed, survey services Construction Bid project to move all ground mounted bricks to the raised viewing boxes and construct four new viewing boxes $1,400,000 $1,900,000 $500,000 $1,050,000 $150,000 $150,000 $80,000 $80,000 $75,000 $400,000 $70,000 $175,000 $55,000 $200,000 $85,000 $4,000,000 Sales Tax G Sales Tax G Governor's Cost Share and Sales Tax G Sales Tax G Sales Tax G Sales Tax G Sales Tax G Sales Tax G Grant/Sales Tax G Sales Tax G Sales Tax G and funds previously alloted from the General Fund Sales Tax G Sales Tax G CDBG Parks Funds Parks Funds Parks Funds Previous Sales Taxes and Private Funds $50,000 FTA Funds/Sales Tax G Parking $24,000 Insurance proceeds $200,000 Insurance proceeds General Fund/FEMA Parking Parks Funds $12,000 General Fund $110,000 Veteran's Plaza Funds Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.ieffcitymo.orq Date: February 4, 2020 To: Public Works and Planning Committee From: Eric Seaman, Wastewater Division Director #6443 Subject: 2020 Wastewater Capital Improvements Work Plan Currently in construction: Project: Various Locations sewer main replacements -- Open cut replace old sewers between Broadmore Apts and Tanner Bridge Road (north of YMCA on Ellis Blvd), Estimated Completion: April, 2020 (Delayed by tornado) Engineer: In -House Contractor: MERA Excavating LLC Project: Cured -in-place sanitary sewer main and stormsewer (various places). Estimated Completion: August, 2020 Engineer: In -House Contractor: SAK Construction LLC Project: Cured -in-place sanitary sewer manholes Estimated Completion: August, 2020 Engineer: In -House Contractor: Visu-Sewer, Inc. Project: Erosion Control at Missouri River upstream of Wears Creek to protect Large Interceptor Estimated Completion: April, 2020 Engineer: HDR, Inc. Contractor: Capital Paving and Construction LLC Project: Replace Bar Screen at Treatment Plant Estimated Completion: 2020 Public Works CORE - improve the Community - take Ownership — deliver Results — Empathize with the customer Engineer: In -House Contractor: hfeggemann, Inc. Projects in Design: Project: sewer main replacement — replace old sewers on north side of St. Marys Blvd, Estimated Completion: 2020... easement issues Engineer: In -House Project: sewer main replacement — replace/consolidate old sewers between CRMC and JCHS Estimated Completion: 2020 Engineer: In -House Project: Binder Pump Station electrical Upgrade (Henwick at Binder Lake) Estimated Completion: 2020 Engineer: Horner & Shifrin, Inc. Project: Replace Indian Hills Pump Station (342 Tomahawk Rd) — new pumps and some forcemain replacement. Estimated Completion: 2020 Engineer: Horner & Shifrin, Inc. Project: Basin 12 Relief Sewers— Phase II — Norris Drive to Marilyn/Lowell Estimated Completion: 2020?... easement issues Engineer: Donohue & Associates Projects in Design: Project: Westview Pump Station Upgrade — replace existing pump station currently 'located on South Brooks Street in Westview Subdivision. Considering moving west with the pump station and replacing the forcemain. Estimated Completion: Engineer: Donohue & Associates Project: HVAC upgrade 2320 Hyde Park — replacement and efficiency Estimated Completion: 2020 Engineer: MECO Engineering Project: Rate Study Estimated Completion: 2020 Consultant: Rafetilis Financial Consultants Public Works CORE - improve the Community - take Ownership — deliver Results — Empathize with the customer IN-HOUSE STORMWATER REPAIR CREW 2019 Update of Projects 2019 Project Types Replacing failed or failing pipes Replacing/Modifying inlets • Improving outlet conditions • Resolving multi-year complaint issues if possible Priorities: • Street Resurfacing List • Collapses and/or sink holes 2/11/2020 1 Summary of Stormwater Work Completed by the Stormwater Crew from January 1, 2019 to December 31, 2019 • 36 sites completed in 2019 • 18 Inlets/Junction Boxes reconstructed or repaired • 1,100+ feet of pipe installed from 15 -inch to 36 -inch diameters • 200+ feet of curb replaced • 1,200+ square yards combined of street, sidewalk, and driveway replaced • 12 Substantial Maintenance / Outlet Condition Improvements / Multi -Year Complaints Successfully Addressed • Contract cost value of work estimated to be $470,000+. In addition to the work above, Street Division and Stormwater Crews were also tasked with extensive tornado clean-up duties; flood clean-up and repair duties; and, installation of the train station trailer and deck. They did an exceptional job in 2019! 2/11/2020 2 2/11/2020 ■ • in vuillitilr 111111 ■■.uII Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.leffcitvmo.orq Date: February 7, 2020 To: Public Work and Planning Committee From: Britt E. Smith, P.E. Subject: Airport Ramp Repair Grant Staff requests the committee's concurrence in applying for a grant with the MoDOT to design and construct airport ramp repairs. As outlined in our grant procedures, with concurrence, this request will move forward to the full council for approval. Attached is a cost estimate and grant application associated with a plan project to effect repairs to the ramp at the Airport. The total project estimate for the work is estimated to be approximately $230,000. If received the grant would cover 90% of that cost. Staff proposes the remaining 10% coming from the airport portion of the 1/2 cent sales tax. cc: Matt Morasch, P.E. Attachment ENGINEER'S ESTIMATED COST JEFFERSON CITY MEMORIAL JEFFERSON CITY, APRON REPAIR BASE BID PROJECT BURNS & McDONNELL January OF CONSTRUCTION AIRPORT MISSOURI PROJECT REV 2 NO. XXXX 20, 2020 ITEM NO. FAA ITEM NO. DESCRIPTION OF WORK UNITS ESTIMATED QUANTITY TOTAL PROJECT COST AIP ELIBIGLE COST TOTAL SPONSOR COST UNIT COST TOTAL TOTAL TOTAL 1 C-105 MOB11.1ZA F0 )i ¢ '5559 553 658.59 548,292.73 S5.365,86 \SPILU-T1'RAN s rio.\ BE. 1111{L\'1,11\ ,4\I) \OR (11 I2 \\1I's 2 I'-102 'I RAFF(C LON1'ROL 1 ti 1 510.181 59 510,181.59 59,163.43 51,018.16 3 I'-101 P:\VEMENT REMOVAL (2-6" AC un 6-8" PCC F 55 S 1 , "5 57,875.00 57,087.50 5787.50 4 I'-(01 PAVEMENT REMOVAL (6-8" PCC) '. I I -0 51 1.025.00 59 922.50 51,102.50 5 0-101 TYPE 7 AGGREGATE SUBGRADE REMEMDIATION 105.5 ,,u ,, + 60 511,760.00 $10,584.00 51,176.00 6 0-152 EXCAVATION C'1 100 521110 58,400.00 57.560.00 5840.00 7 P-209 CRUSHED AGGREGATE BASE COURSE (1.11'i SY I.'_50 5,6 75 545,937,50 541,343.75 54,593.75 8 P-501 6" CONCRETE PAVEMENT SY 1.250 508 25 585.112.50 576.78125 58,531.25 9 0-605 SILICONE JOINT SEALS 1 1 5.000 5+ 15 515.750.01) 514.I75.00 51.575.011 10 0-620 PAVEMENT MARKINGS SI 1.500 S::, 57,875.00 57,087.50 5787.50 52114,1 16.59 \SPIls1.1 1 0D RE\II:DI.\1HON UZI( S. 11 P-102 TRAFFIC CONTROL 1 ti 1 51.722 78 51.322.78 51,190,50 5132.28 12 P-101 PAVEMENT REMOVAI.I-t" AC on BASE.) til 120 512.60 51.512.00 51.100.80 5151.20 13 P-101 TYPE 7 AGGREGATE SUBCiRAI)1: REMIIMI)IA1 ION MN 50 533.60 51,680.00 51,512.00 5168.00 14 0-152 E1XOAVATION C'1 45 52100 5945.00 5850.50 594.50 15 0-209 CRUSHED AGGREGATE BASE COURSE 114') Sl' 120 55, `-; 54,410.00 53,969.00 5441.00 16 P-591 0" CONCRE FE PAVEMENT SY 120 565 '� 58,190.00 57,371.00 5619.00 17 1',.".',5 sII.ICONFJOINT SEALS 10 400 57 15 51,260.00 51,134.00 5126,00 519,319.78 1801 VFEI) \ORTII RAMP 1':\\1':1. REPT. \c 1;\1E\"L 18 1'-102 TRAFFIC CONTROL 1 5 1 53.13429 53,434.29 53,090.86 5343.43 19 P-101 ISO1.M ED JOINT SPALL REPAIRS (ALLOWANCE) SE 500 584 ((0 $42,000,00 $37,800.00 54 200.00 20 0-101 CONCRETE SLAB REMOVAL. (ALLOWANCE) SY 25 521 (10 5525.00, 5472.50 552.50 21 1'-;91 0" CONCRF IT PAVEMENT PANEI. f AOLOWANCI , SY _. S105.00 52.625.00 _ $2.362 50 5262.50 22 !,11N-1 Si Al 5 1 0 500 S: 15 51.575.0(1 51,51750 5157.50 551),(59,29 15(11.51 El) \1 4t\ It k\I!'.10I\1 RIM. 11 I\(: 23 0-102 I RAi'IC LUNI RUL. 1 S 1 S6.045 75 56,945.75 56_251.18 5694.58 24 0-605 SILICONE JOINT SEA] 5 I REMOVE AND SP:AI.) IA1 ',MANCE) 1 1 211.1155 S 173 594,500.00 $85,050.00 59,450.00 S101,445.75 I',4\ L\IE:\1 1IARK1NGS(.\PRON, LAN 41 25 0-620 REFLEC Ef)RELEI) PAVEMENT MARKINGS IYELI2 1155 SE S._ >1 20 534,650.00 531,185.00 53,465.00 26 1'5120 NON-REFI.ECIORI71'lr i'AVIiMI:N'I MARKINGS [(51 \t '0 SE ),, 5 1 , 5' 10 534,650.00 531,185.00 53,465.00 ' 69,3110.00 'F0'1'AL ESTI\1n'TEI) C:ONSTRI!( 7 ioN ('UST (JF BASE BIL) 5498,000.00 5448,2(1(1.00 549,800.00 ESTIMATED DESIGN, CONSTRI'Cl'ION SERVICES & ADMINISTRATION COST 5129,480.00 5116,532.00 512,948.00 TOTAL COST 5627,480.00 5564,732.00 562,748.00 Anticipated Des49n & Construction Date Page 1 of 1 2020 KJEF Apron Repairs Cost Est R2 20200129 i" oDOT APPLICATION FOR FEDERAL/STATE ASSISTANCE MaDOT Aviation Section Funding Application Form Rev. 1-2016 Part 1, Page 1 Aviation Section Airport Name: Jefferson City Memorial Airport _ 1. TYPE OF SUBMISSION Application Funding Type Requested 013 Construction ►l! Federal (Block Grant — 90% Funds) ❑ Non -Construction ❑ State (Trust Fund — 90% Funds) ■ Federal & State 2. DATE SUBMITTED 3. DATE RECEIVED BY STATE ASM Input Date (Internal use only): 4. APPLICANT INFORMATION Sponsor's Name: City of Jefferson, Missouri Organizational Unit: Department: Public Works Division: Operations Address: Name and telephone of person to be contacted on matters involving this application (give area code): Street: 320 East McCarty Street Prefix: Mr. First Name: Britt City: Jefferson City Middle Name: County: Cole Last Name: Smith State: Missouri _ Zip Code: 65101 Suffix: PE Country: United States Email: bsmith@jeffcitymo.org 5. TYPE OF APPLICATION lZ1 New ❑ Continuation ❑ Revision If Revision, check appropriate type: 0 Increase Award 0 Decrease Award 0 Increase Duration ❑ Decrease Duration Phone Number (give area code) (573) 634 - 6450 Fax Number (give area code) ( ) - 6. TYPE OF APPLICANT 0 Municipal Other (Specify) ❑County 7. DESCRIPTIVE TITLE OF SPONSOR'S PROJECT (brief description): Apron Repair and Pavement Marking Project 8. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Jefferson, Callaway County, Missouri 9. MoDOT TRANSPORTATION DISTRICT: Central 10. NUMBER OF BASED AIRCRAFT: SE: 28 ME: 13 Jet: 9 Helicopter: 3 Glider: 0 Military: 7 Ultrali9ht: 0 11, NUMBER OF ANNUAL OPERATIONS (an operation is a takeoff or a landing): 34,909 12. PROPOSED PROJECT TIMELINE Start Date: 03/01/2020 Ending Date: 12131/2020 13. STATE & FEDERAL CONGRESSIONAL a. Sponsor State: 6`" Senate, 60`" House Federal: 3rd Congressional DISTRICTS OF b. Project Location State: 101" Senate, 49m House Federal: 3rd Congressional 14. ESTIMATED FUNDING: FEDERAL FUNDING (90%) 15. ESTIMATED FUNDING: STATE FUNDING (90%) a. Federal $ 567,000.00 a. State $ . °0 b. Local °° $ 63,000. b. Local , $ 0° c. Other $ °° c. Other $ 00 d. TOTAL $ 630,000.0D d. TOTAL $ • 00 e. TOTAL (combined funding) $ 630,000. °° 16. IS THE APPLICANT DELINQUENT ON ANY STATE/FEDERAL DEBT? ❑ Yes, If "Yes", attach an explanation /1 No 17. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name: Britt Middle Name: Last Name: Smith Suffix: PE b. Title: Operations Division Director c. Telephone: 57.3-63.4-6450 d. Signature of Authorized Representative: e Date Signed: MaDOT Aviation Section Funding Application Form Rev. 1-2016 Part 1, Page 1 MISSOURI DEPARTMENT OF TRANSPORTATION —AVIATION SECTION FUNDING APPLICATION Rev. 1-2018 PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, regional, or other priority rating? ❑ Yes ® No Name of Governing Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? ❑ Yes ® No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? ❑ Yes ® No Name of Approving Agency: Date: / / Item 5. Is the proposal project covered by an approved comprehensive plan? ❑ Yes ®No Check one: 11 State ❑ Local Location of Plan: ❑ Regional Item 6. Will the assistance requested serve a Federal installation? ❑ Yes ® No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? ❑ Yes ® No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? ['Yes ®No (See instructions for additional information to be provided.) Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? ❑ Yes ®No Number of: Individuals: Families: Businesses: Farms: Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑ Yes No (See instructions for additional information to be provided.) Part 11, Page 2 MISSOURI DEPARTMENT OF TRANSPORTATION —AVIATION SECTION FUNDING APPLICATION Rev. 1-2016 PART II -A The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The project is on existing airport property owned by the City of Jefferson, Missouri. No further action is required. 2. Defaults - The Sponsor is not in default on any obligation to the State of Missouri, United States or any agency of the United States Govemment relative to the development, operation, or maintenance of any airport, except as stated herewith: N/A 3. Possible Disabilities - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: N/A 4. Consistency with Local Plans - The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State of Missouri to plan for the development of the area surrounding the airport. N/A 5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located. N/A 6. Consultation with Users - In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport which project is proposed. N/A 7. Public Hearings - In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. N/A 8. Air and Water Quality Standards — In federally -funded projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the State of Missouri to certify in writing to the Secretary of the United States Department of Transportation that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. Yes Part II -A, Page 3 MISSOURI DEPARTMENT OF TRANSPORTATION —AVIATION SECTION FUNDING APPLICATION Rev. 1-2018 PART II -A (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: N/A 10. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Reference said document as may be on file with MoDOT Aviation. The Sponsor takes no exceptions to the land currently owned by the Sponsor. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attomey or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No additional property acquisitions are required for this project. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No additional property acquisitions are required for this project. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Part II -A, Page 4 PART III SECTION A. GENERAL MISSOURI DEPARTMENT OF TRANSPORTATION —AVIATION SECTION FUNDING APPLICATION Rev. 1-2016 PART III - BUDGET INFORMATION — CONSTRUCTION OR NON -CONSTRUCTION SECTION A - CALCULATION OF FEDERAL BLOCK GRANT OR STATE TRUST FUND GRANT Cost Classification Use only for revisions Federal (90%) State (90%) Latest Approved Amount Adjustment + or (-) Estimated Costs (100%) Estimated Costs (100%) 1. Administration expense 00 00 $ 00 $ 00 $ 2. Preliminary expense • 00 00 00 00 3. Architectural/engineering design basic fees00.00 130,000.00 00 4. Other Architectural engineering fees 00 00 00 00 5. Project Construction costs Q6 00 500 000.0° oa 6. Project inspection fees 00 00 00 00 7. Land, structures, right-of-way acquisition 00 _ • 00 00 00 8. Relocation Expenses . 00 00 00 - 00 9. Demolition and removal 00 00 00 00 10. Planning 00 00 00 00 11. Environmental 00 00 00 00 12. Equipment . 00 00 00 00 13. Miscellaneous 00 00 00 00 14. Total Estimated Costs (100%)(Lines 1 through 13) 00 $ .00 $630,000.°0 $ .� 15. Federal Funding Amount (90%) 567,000. 16. Sponsor Share (10%) 00 00 63,000. 00 "'` 17. State Funding Amount (90%) 00 00 - -- 00 18. Sponsor Share (10%) • 00 00 00 Part III, Page 5 MISSOURI DEPARTMENT OF TRANSPORTATION —AVIATION SECTION FUNDING APPLICATION Rev. 1-2016 Part III, Page 6 SECTION B - EXCLUSIONS DESCRIPTION Ineligible for Participation a. $ b. c. d. e. f. _g. TOTAL $ SECTION C - PROPOSED METHOD OF FINANCING NON-FEDERAL OR NON -STATE SHARE Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) - Cash 63,000.00 h. TOTAL - Grantee share $63,000.00 Other Shares a. Other Government Agency b. Other c. TOTAL - Other Shares $ TOTAL $ SECTION D - REMARKS None Part III, Page 6 PART IV PROGRAM NARRATIVE (Suggested Format) MISSOURI DEPARTMENT OF TRANSPORTATION -AVIATION SECTION FUNDING APPLICATION Rev. 1-2016 PROJECT : Apron Repair and Pavement Marking Project AIRPORT : Jefferson City Memorial Airport 1. Objective: To perform various pavement repairs on the airport's main ramp and north ramp and remark pavement markings on the ramps and on Taxiway A and as may be required. 2. Benefits Anticipated: The project will improve safety by reducing foreign object debris (FOD) generating pavement issues and providing new pavement markings which will aim to enhance pilot safety. 3. Approach: This project consists of engineering services and construction. The project will include a design phase to identify appropriate pavement repair options and limits of work to optimize the available funding. The project will also include the bidding and construction phases. 4. Geographic Location: Jefferson City, Missouri. More specifically, Jefferson City Memorial Airport 5. If Applicable, Provide Additional Information: N/A 6. Sponsor's Representative: (include address & telephone number) Mr. Britt Smith, PE 320 East McCarty Street Jefferson City, MO 65101 573-634-6450 Part IV, Page 7 INSTRUCTIONS PART II PROJECT APPROVAL INFORMATION Negative answers will not require an explanation unless MoDOT requests more information at a later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instructions. Item 1 - Provide the name of the governing body establishing the priority system and the priority rating assigned to this project. Item 2 - Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3 - Attach the clearinghouse comments for the application in accordance with the instructions contained in Office of Management and Budget Circular No. A-95. If comments were submitted previously with a preapplication, do not submit them again, but any additional comments received from the clearinghouse should be submitted with this application. Item 4 - Furnish the name of the approving agency and the approval date. Item 5 - Show whether the approved comprehensive plan is State, local, or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6 - Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 - Show the percentage of the project work that will be conducted on federally -owned, State-owned, or leased land. Give the name of the Federal/State installation and its location. Item 8 - Briefly describe the possible beneficial and/or harmful impact on the environment because of the proposed project. If an adverse environment impact is anticipated, explain what action will be taken to minimize the impact. MoDOT will provide separate instructions if additional data is needed. Item 9 - State the number of individuals, families, businesses, or farms this project will displace. MoDOT will provide separate instructions if additional data is needed. Item 10 - Show the program name, the type of assistance, the status and amount of each project where there is related previous, pending, or anticipated assistance. Use additional sheets, if needed. PART III BUDGET INFORMATION SECTION A - CALCULATION OF FEDERAL OR STATE GRANT When applying for a new Federal or State grant, use the Estimated Costs column only. When requesting revisions of previously awarded amounts, use all columns. Line 1 - Enter amounts needed for administration expenses including such items as travel, legal fees, rental of vehicles and any other expense items expected to be incurred to administer the grant. Include the amount of interest expense when authorized by program legislation and also show this amount under Section D Remarks. Line 2 - Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Line 3 - Enter basic fees for architectural engineering/design services. Line 4 - Enter amounts for other architectural engineering services, such as surveys, tests, and borings. Line 5 - Enter amount for actual construction of/development. Line 6 - Enter fees for inspection and audit of construction and related programs such as Construction Observation Program. Line 7 - Enter amounts directly associated with the acquisition/easement of land, existing structures, and related right-of-way. Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, relocation payments to be made to displaced persons, business concems, and non-profit organizations for moving expenses and replacement housing, and the net amounts for replacement (last resort) housing. Line 9 - Enter the gross salaries and wages of employees of the grantee who will be directly engaged in performing demolition or removal of structures from developed land. This line should also show the cost of demolition or removal of improvements on developed land under a third party contract. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by MoDOT. Line 10- Enter the costs to complete planning studies such as ALPs, Master Plans, capacity analysis, noise, etc. Line 11- Enter the costs to complete CATEXs, EA, EISs or any other environmental coordination required for a project. Application Instructions 1 Line 12- Enter the costs associated with the acquisition of airfield or terminal equipment. Line 13- Enter amounts for items not specifically mentioned above. Line 14- Enter the sum of Lines 1-13. Line 15- Show the Federal Funding Amount (90% of Line 14). Line 16- Show the Sponsor's Share (10% of Line 14). Line 17- Show the State Funding Amount (90% of Line 14). Line 18- Show the Sponsor's Share (10% of Line 14). SECTION B — EXCLUSIONS Identify and list those costs that are part of the project cost but are not subject to Federal or State participation because of program legislation or Federal grantor agency instructions. SECTION C — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE OR NON -STATE SHARE Grantee Share - Show the source of the grantee's share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section D Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non-cash contribution, explain what this contribution will consist of. Other Shares - Show the amount that will be contributed by any other government agency or contributed from other sources. If there is a non-cash contribution, explain what the contribution will consist of under Section D Remarks. Show the Total. This amount must be the same as the amount shown in Section A, Line 16 or 18, as applicable. SECTION D — OTHER REMARKS Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. Pinpoint any relevant physical, economic, social, financial, institutional, or other problems requiring a solution. Demonstrate the need for assistance and state the principal and subordinate objectives of the project. Supporting documentation or other testimonies from concerned interests other than the applicant may be used. Any relevant data based on planning studies should be included or footnoted. 2. RESULTS OR BENEFITS EXPECTED. Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public. 3. APPROACH a. Outline a plan of action pertaining to the scope and detail of how the proposed work will be accomplished for each grant program. Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as design or technological innovations, reductions in cost or time, or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved, if possible. When accomplishments cannot be quantified, list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and maintained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. Application Instructions 2 d. List each organization, cooperator, consultant, or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. 4. GEOGRAPHIC LOCATION. Give a precise location of the project and area to be served by the proposed project. Maps or other graphic aids may be attached. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. Describe the relationship between this project and other work planned, anticipated, or underway under the Federal Assistance listed under Part II, Item 10. b. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. C. Discuss accomplishments to date and list in chronological order a schedule of accomplishments, progress, or milestones anticipated with the new funding request. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope or objectives have changed or an extension of time is necessary, explain the circumstances and justify. If the total budget has been exceeded or if individual budget items have changed more than the prescribed limits contained in Attachment K, Office of Management and Budget Circular No. A-102, explain and justify the change and its effect on the project. Application Instructions 3 FEDERAL GRANT ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public - use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation: a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq. 1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et m.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act -25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 state.252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12010 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. Federal Grant Assurances 1 r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power Plant and Industrial Fuel Use Act of 1978 -Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti -Kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.I w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Executive Orders: a. Executive Order b. Executive Order c. Executive Order d. Executive Order e. Executive Order f. Executive Order 11246 -Equal Employment Opportunity1 11990 - Protection of Wetlands 11988 — Flood Plain Management 12372 - Intergovernmental Review of Federal Programs 12699 -Seismic Safety of Federal and Federally Assisted New Building Construction l 12898 - Environmental Justice Federal Regulations: a. 2 CFR Part 180 — OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 — Audits of States, Local Governments, and Non -Profit Organizations].4,5,6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 - Airport noise compatibility planning. g. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 k. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 1. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 m. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 n. 49 CFR Part 20 -New restrictions on lobbying. o. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1,2 r. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. s. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 t. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. u. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. v. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). w. 49 CFR Part 37- Transportation Services for Individuals with Disabilities (ADA). x. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1 J. P• q. Federal Grant Assurances 2 Specific Assurances: Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. Footnotes to Assurance C.1.: These laws do not apply to airport planning sponsors. ' These laws do not apply to private sponsors. 349 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by these regulations shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. ' On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A- 21 or 2 CFR Part 220; Circular A-87 or 2 CFR Part 225; and A-22, 2 CFR Part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR Section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. ' Cost principles established in 2 CFR Part 200 Subpart E must be used as guidelines for determining the eligibility of specific types of expenses. Audit requirements established in 2 CFR Part 200 Subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of the grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. Federal Grant Assurances 3 a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and Federal Grant Assurances 4 environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under the grant agreement, and, upon approval of the Secretary, shall be incorporated into the grant agreement. Any modification to the approved plans, Federal Grant Assurances 5 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary.ln furtherance of this assurance, the sponsor will have in effect arrangements for I. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. Federal Grant Assurances 6 b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to i. furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and ii. charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g - In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Federal Grant Assurances 7 i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and; b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations by other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of Title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or Federal Grant Assurances 8 operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: i. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and ii. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or, b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, Federal Grant Assurances 9 hangars and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability. 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance for any of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under the grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to Federal Grant Assurances 10 this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination m Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instrument entered into by the sponsor with other parties: (a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and (b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal fmancial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of Title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of Title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested in another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an Federal Grant Assurances 11 approved project that is eligible for grant funding under Section 47117(e) of Title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of Title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in the grant agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). Federal Grant Assurances 12 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of Title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - i. Describes the requests; ii. Provides an explanation as to why the requests could not be accommodated; and iii. Provides a time frame within which, if any, the airport will be able to accommodate the requests. c. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date Federal Grant Assurances 13 STATE GRANT ASSURANCES 1. Title Evidence To Existing Airport Property. Sponsor certifies that it holds satisfactory evidence of title to all existing airport property and avigation easements. 2. Control of Airport. The Sponsor agrees to continue to control the airport, either as owner or as lessee, for years following receipt of the last payment from this grant. Applicable agreement periods are as follows: a. Land interests - Fifty (50) years. b. Improvements — Useful life, as determined by the Commission. 3. Audit of Records. The Sponsor must maintain all records including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of the grant agreement and any extension thereof, and for three (3) years from the date of final payment made under the grant agreement. 4. Nondiscrimination Clause. The Sponsor shall comply with all state and federal statutes applicable to the Sponsor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. §2000d and §2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). 5. Confidentiality. The Sponsor shall not disclose to third parties confidential factual matters provided by the Commission except as may be required by statute, ordinance or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. 6. Nonsolicitation. The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7. Safety Inspection. The Sponsor shall eliminate all deficiencies identified in its most recent safety inspection letter. If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies. 8. Land Interests. When grant funds are used to pay for land or aviation easements, the following requirements apply: a. Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and clear of any encumbrance that could adversely affect the operation, maintenance or development of the airport. The attorney's title opinion shall be furnished by the Sponsor to the Commission for review. The Sponsor shall acquire the property in fee simple absolute by general warranty deed from the grantors. A copy of the deed shall be furnished to the Commission for review. The Sponsor shall record the deed in the land records of the county recorder's office in the county where the airport is located. b. Acquisition of Avigation Easements: The Sponsor shall obtain a qualified attorney's title opinion to assure that the Sponsor has obtained the required interest in and to the easements to be acquired, free and clear of any encumbrances that would be incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed, and that the grantors of easements constituted all of the owners of the land affected by the easements. c. Land Cost Reimbursement by Federal Government Use as Local Share Only: Since it is the intent of the state of Missouri that funds provided under the Agreement be used only for aeronautical purposes, the Sponsor hereby State Grant Assurances 1 covenants and agrees that it will not request reimbursement from the United States Government for the cost of land acquired with the funds granted under this Agreement; provided, however, that nothing in this paragraph shall be construed to prevent the Sponsor from using all or any part of the acquisition cost of this land to make up its share of eligible project costs incurred under any airport development grant from the United States Government. d. Aeronautical Use: If land interests are not used for aeronautical purposes within five (5) years, the Sponsor shall at the request of the Commission return the full amount of those grant funds used to purchase the land interests. The Sponsor may request an extension of this time period in writing to the Commission. 9. Airport Use. The Sponsor agrees to operate the airport for the use and benefit of the public. The Sponsor further agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds and classes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Commission. Otherwise, at no time shall the airport be closed to accommodate a non - aeronautical event or activity. 10. Safe Operation of Airport. The Sponsor agrees to operate and maintain in a safe and serviceable condition the airport and all connected facilities which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States. The Sponsor further agrees that it will not permit any activity on the airport's grounds that would interfere with its safe use for airport purposes. Nothing contained in this Agreement shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, ice, or other climatic conditions interfere with safe operations. State Grant Assurances 2 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES MEMORANDUM TO: Public Works & Planning Committee FROM: Sonny Sanders, Director of Planning and Protective Services DATE February 7, 2020 RE• Dangerous Building Update Last year the Dangerous Building Code was revised to better provide a just, equitable and practicable method for the repairing, vacation or demolition of buildings or structures that may endanger the life, limb, health, property, safety, or welfare of the occupants of such buildings or general public. After a dangerous building is identified, inspected, and declared a nuisance, it is ordered vacated, repaired or demolished, depending on various standards outlined in the Code. If the property owner does not comply, after proper notice, a hearing will be held to determine if the evidence supports a finding that the building or structure is a dangerous building and procedures required by City Code have been followed. When the evidence supports the finding the building is deemed dangerous, the Hearing Officer will issue an order to vacate, repair or demolish the building. In conjunction with the revised process for Dangerous Buildings, a Dangerous Building webpage, https://www.jeffersoncityrno.govigovernment/property maintenance/dangerous building.php, was created for active dangerous building cases progressing through the new process. Positive results from the revised Dangerous Building Code and associated processes include: After public notice of a large commercial tornado damaged property, the property owner came forward and addressed the issues, thus saving the city a large abatement expense; After the dangerous building hearing, with the help and patience of city staff, the residential property owner and his acquaintances were able to carry out the demolition, again saving the city a large expense; and After public notice, another residential property owner realizes the severity of the city's concern and is now seeking to either convey the property to the city for public use or to a third party for demolition, prior to the scheduled hearing. Regarding 805 Monroe Street, after receiving the dangerous building hearing notice, the property owner and other interested parties of record provided the city quit claim deeds to the property. If the City had demolished the property, the owners would have still owned the property, but walked away and the city would still have to maintain the property for years. Now the City owns the property, CDBG funds, not general revenue funds, can be used to demolish the property and can be put back in use as an affordable housing lot. Since the new Dangerous Building Code, three hearings have been held resulting in orders to demolish. One structure has been demolished by the owner and two will most likely be demolished at city expense, with special tax bills to be placed against the property. The next Dangerous Building Hearings will be held on February 27, 2020, for the following properties: 202 Marshall St. 528 E. Capitol Ave. - owner Barbara Buescher 112 E. Ashley St. - owner Peggy McMurtry 108 Jackson St. - owner Barbara Buescher 519 E. Capitol Ave. - owner Barbara Buescher 1324 E. Miller St. - owner Jane Melugin, Dale Kuehn 422 E. High St. - owner Charles Moses Additional properties are slated for a future hearing yet to be scheduled: 1102 Bald Hill Rd. - owner Walter & Lavern Rhodes 112 Pierce St. - owner Joshua Heidbrink Removing slum and blight by promptly requiring the repair or demolition of buildings declared dangerous saves the City the expense of maintaining the property - mowing, securing, re - securing, etc.; removes locations which can be used for criminal activity; removes potential fire hazards due to squatting activities; improves neighboring property values; and generally contributes to the health, safety and welfare of the community. Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffersoncitymo.gov Date: January 31, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer Subject: Clark Avenue Corridor Staff is requesting that the Committee confirm their support for the Clark Avenue Corridor including the construction of roundabouts at Miller, Elm, and Dunklin Streets by identifying the funding source needed for their construction. Last month staff informed the Committee that the City had been selected to receive 1.91 million dollars in cost share funds from the Governor/State Legislature for three roundabouts along the Clark Avenue corridor. In order to match these cost share funds 1.3 million dollars would be needed in addition to the 1.7 million that was already committed to build the roundabout at the intersection of Clark and Dunklin. Because Clark Avenue was named within the joint City/County projects of the '/2 cent CIP sales tax, staff proposed that a request be sent to the County asking them to participate in 50% ($650,000) of the costs of the two additional roundabouts, with the City supplying the remaining 50%. Being thus directed staff attended a County Commission meeting last month and presented the project and the funding scenario to the Commissioners. No decision was reached at that meeting, but staff has subsequently been informed that the County intends to contribute a total of $1,103,908.00 to the project. This represents the $850,000 that was pledged for the Clark and Dunklin intersection and approximately $250,000 of the $650,000 that was requested to provide a match for the cost share funds. The $250,000 is the summation of the County's unspent monies that remain within the various funding categories of the sales tax apart from those tagged for MSP. This level of commitment from the County results in a $400,000 shortfall in the funding scenario that was presented to the Committee in January. Because of this shortfall, staff again looked at the possible funding sources within the 1/2 cent CIP sales tax and developed two other funding scenarios. The first would make use of the $1,000,000 that remains in the "Support Emerging Economic/Commercial Development Projects" category that had internally been slated for MSP. The Clark Avenue project fits well within this category serving as a second entrance into the MSP site as proposed in the 2010 EIS study, and because of its economic impacts that are outlined in the application for the Governor's Cost Share. Supplementing those funds would be $50,000 from monies allotted to sidewalks within Sales Tax G. U:hPublic WorkslEngineeringldbangelPUBLIC WORKS & PLANNING1202012-20201CIark Avenue Cosks.docx Memorandum 2 The second scenario is similar to the original funding plan with $200,000 coming from sidewalk monies and $450,000 being contributed from stormwater funds within Sales Tax G. Additionally $400,000 would be required from the Economic Development category of the joint projects account. These scenarios in the context of the overall joint project spending are shown as "A" and "B" on the attached sheet. Choosing to spend sales tax monies connected to MSP for projects outside of the walls has been done numerous times through the last several sales tax cycles. Projects such as the rebuilding of Lafayette Street, Capitol Avenue, the Dunklin and Lafayette intersection, and the enhanced lighting and railing on the Lafayette Street overpass and the Chestnut and Jackson Street bridges are a few of the projects that have been funded using monies that had been internally designated for MSP. These decisions were made with the acknowledgement that the sales tax cycle would end prior to there being any opportunity to make improvements within the confines of the prison. If the Council does choose to spend sales tax funds within the prison within the next two years there would be a minimum of $1,000,000 available within the joint City/County CIP account for that purpose. It may also be possible for funding to come from sources other than those specifically budgeted for public works projects such as collections that have exceeded projections within the sales tax or monies that have been placed in contingency accounts, however, it is our understanding that at present such funds are minor as compared to the need. Although an unlikely candidate the general fund could also play a role in overcoming this shortfall if it were so decided by the Council. If you have any questions concerning this item I can be reached at 634-6433. DB:db U:1Public Works\Engineeringldbange1PUBLIC WORKS & PLANNING1202012-20201CIark Avenue Costs.docx Draft Proposed City/County Capitol Improvement Sales Tax Goals, Sales Tax G Combined City and County Sales Tax funds Reduce Traffic Congestion/Travel Times Clark Avenue Intersection Traffic Study and Conceptual Design Design of Clark and Dunklin Roundabout Clark Avenue Roundabouts Allocation listed in sales Allocation tax to projects Anticipated Project Year $1,200,000 $29,054.08 $152,566.00 51,018,380 City County Contribution Contribution 2017 529,054.08 $0.00 2019 5152,566.00 $0.00 2021 5438,110.78 $580,269.14 Improve Roadway Safety Street Overlay's and Upgrades Capitol Avenue Improvements Myrtle Avenue Clark Avenue Roundabouts East High Street Improvements, Cherry St. to Vetter Ln. Maintenance/Improvement of Existing Infrastructure Dunklin Street Corridor; bridge, Signals, sidewalks Consultant Design East High Street Improvements, Cherry Street to Vetter Lane 51,200,000 5174,759.60 5500,000 5423,639 $101,602 54,600,000 52,483,006.04 "" 5285,521.50 51,831,472 2017 5174,759.60 50.00 2017 5250,000.00 5250,000.00 2021 50.00 $423,638.86 2020 550,800.54 $50,801.00 2019 2018 2020 Support Emerging Economic/Commercial Development Projects Community Partnerships Morris Packaging Rail Spur High School Road Clark Avenue Roundabouts (1136 E. Dunklin) Clark Avenue Roundabouts Project Overruns/Undetermined projects Economic Development $4,040,000 $67,070.00 A 51,500,000 5252,830.60 5100,000.00 580,099.40 2019 2020 2019 2021 2022 $1,263,282.02 $142,760.75 5915,736.23 $0.00 $750,000.00 5252,830.60 $0.00 580,099.40 51,219,724.02 5142,760.75 $915,736.23 $67,070.00 5750,000.00 $0.00 $100,000.00 50.00 Non Joint Project City Contribution A MSP Access to MSP, Clark Avenue Roundabouts $1,000,000 51,000,000 2022 2021 50.00 $1,000,000.00 $1,000,000.00 50.00 $50,000 B MSP Access to MSP, Clark Avenue Roundabouts 51,450,000 5400,000 2022 2021 $600,000.00 $400,000.00 $1,000,000.00 $0.00 5650,000 Total Contribution 55,500,000.00 $5,500,000.00 Black text indicates items as they appeared in the literature for Sales Tax G Purple text indicates projects that are completed Red text indicates projects that are ongoing Green text indicates projects that are being proposed, or the estimated funding allocation. Blue text indicates projects not specifically identified This project made use of 581,966.46 in STP funds for a total of $126,852.91 " the additional 5128,002 of this contract is being paid by sewer funds A This project had a total cost of $404,241.78. The City contributed 5125,000 from sales tax E. The County contributed 5212,171.78 from the previous sales tax m 0 0 EZW C O 0 0 N c MILLER ST. US HWY 63 Bartlett West www.bartiettwest.con} CLARK AVENUE JEFFERSON CITY, MISSOURI PROJ NO: 16197.500 DATE: SEPTEMBER 2019 SHEET NUMBER 1