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Home My WebLink AboutOrd.5054.01-22-2018 BILL NO. 18-04 ORDINANCE NO. 505g AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SIGN PROGRAM PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR ACCOMPLISHMENT SIGNAGE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : Article 1 . The City Manager is hereby authorized and directed to execute, on behalf of the City, a sign program participation agreement with the Missouri Highways and Transportation Commission, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2 . This Ordinance shall be in full force and effect ten days after its passage and a prova . PASSED AND APPROVED THIS ay of ;f /�L `(I_L , 2018 . r Harry E. Rediger, 'Mayor (SEAL) ft) fLis; ATTEST: Ck �mwotr ‘t1„*:;) PALA ' Pavukai Gayle el . Conrad, City Clerk UM° * Date of Installation: Type of Installation:✓ New ❑ Revised CCO Form: TR15 MoDOT District Number: SE Approved: 02/95 (MLH) MoDOT Contract Administrator: David Johnson Revised: 03/17 (AR) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR SIGN PROGRAM PARTICIPATION PAID BY APPLICANT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and The City of Cape Girardeau (hereinafter, "Applicant"), whose address is 401 Independence Street, Cape Girardeau, MO 63703. WITNESSETH: WHEREAS, Applicant requests that the Commission install and maintain certain further described below in Cape Girardeau County, Missouri for The Cape Girardeau F School District #63 in the general vicinity of rIS 55 NB/Rt. AB1rIS 55 SB/MM 102.71FI WHEREAS, the Commission is willing to approve the Applicant's request subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) LOCATION AND DISPLAY: The Applicant hereby requests that the Commission construct, install and maintain sign(s) which will: ❑ guide motorists to a Qualified Post Secondary Educational Facility ❑ guide motorists to a Qualified Major/Minor Traffic Generator ❑ guide motorists to a State/Federal Public Use Area ❑ guide motorists to a Hospital with 24 Hour Emergency Care ❑ guide motorists to a Welcome Center Affiliate ❑ guide motorists to a Missouri Correctional Facility ❑ guide motorists on a designated route/trail ❑ display Custom City/County Limits Sign with Logo ✓ display City/County Accomplishment Plaque ❑ Other: which is located primarily in Cape Girardeau County(ies). The sign(s) will read as displayed in Exhibit A and the sign(s) will be erected as illustrated in Exhibit B. Said signs will be displayed ✓ Year round ❑ Seasonally from to If the sign(s) is/are to be displayed seasonally, the Commission will cover the sign(s) or will show the facility is closed on the sign during periods of non-use. -1- (2) PAYMENT: If this request is approved, the Applicant agrees to pay a total sum of 4,440 prior to the installation of such signs. If the Applicant fails to make the payment prior to installation, the Commission may cancel this Agreement. The payment is nonrefundable. The payment covers the Commission's cost to construct, install, maintain, and, if the sign is damaged beyond repair or stolen, replace the sign(s) for a period of ten (10) years from the date of installation of the signs indicated above. The Agreement will not be extended by the number of days that a sign is not erect and the Applicant will not be reimbursed for any time that the sign is not standing regardless of the reason. Payment for subsequent ten (10) year periods will be determined and made payable at the beginning of such periods. Payment not received within the time specified on the invoice will be reason for the Commission to remove the sign. The sign(s) is at all times the property of the Commission. (3) NO INTEREST: Upon erection, the signs shall be the property of the Commission. By paying for the cost of these signs and their placement on Commission right of way, the Applicant gains no property interest in the signs or in the Commission's right of way. The Commission shall not be obligated to keep the sign(s) in place if the Commission, in its sole discretion, determines removal or modification of the sign(s) is in the best interests of the state highway system or the Commission. (4) COMMISSION'S RESPONSIBILITIES: The Commission may modify said sign(s) when necessary to comply with changed standards that might be promulgated or adopted. It is further understood that the Commission may permanently remove the sign(s) at any time, in its sole discretion, for any reason whatsoever, including for the convenience of the Commission or if the Commission determines removal is required for a highway or transportation project. In the event the Commission removes the sign pursuant to the terms of this Agreement, the Commission will not refund any portion of the original payment from the Applicant. (5) APPLICANT'S REPRESENTATIVE: The Applicant's (Authorized Person Title) is designated as the Applicant's representative for the purpose of administering the provisions of this Agreement. The Applicant's representative may designate by written notice other persons having the authority to act on behalf of the Applicant in furtherance of the performance of this Agreement. All Notices or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: [Casey Brunke] [City Engineer] [City of Cape Girardeau] [401 Independence Street] [Cape Girardeau], [MO] [63703] Telefax No.: [(573) 339 - 6327] (6) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (7) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the Applicant. -2- (8) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (9) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (10) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit A: Sign Display Detail (B) Exhibit B: Sign Location Layout [Remainder of Page Intentionally Left Blank] -3- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the Applicant the day of Executed by the Commission the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION z Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel Copies: Applicant District Traffic Division Commission Secretary 20 day of , 20 APPLICANT m Title ATTEST: am Title EXHIBIT A Sign Display Detail Attach and Number Additional Sheets if Necessary » . mm �' =Mmmm =® CITY LIMIT CITY LIMIT Cape Girardeau Cape Girardeau POP 37,941 POP 37,941 2016 & 2017 Missouri State Champions Cape Central Boys Swimming 2016 & 2017 Missouri State Champions Cape Central Boys Swimming ENTERING Cape Girardeau COUNTY 2016 & 2017 Missouri State Champions Cape Central Boys Swimming mm= ®M » �® ®- -5- .� •ob or -�P �*7 Y J■ A l � 1 �-� �* 1• +Sign Type C Lr : b C:i rtrafficv SB ` west of r approximate Interchange C Mile Mark 102.7 _n Type 3/ % MO 74 facing WB traffic 497' east of Fountain St � T r • ape Girardeau Sign Type 2 Y Rt. K facing . �,pl EB traffic Y ' west of *� � b � �'/ �.; waw 1Z 14W0' � • ;' a'iSign Type I IS55 facing t r 1 111 -.t� 55