HomeMy WebLinkAboutORD.2605.10-18-1999 , •
BILL NO. 99-?.30 ORDINANCE NO. N3;.,; _
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION FOR
BRIDGE CONSTRUCTION OVER LITTLE
RAMSEY CREEK
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE l. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with the Missouri Highway and Transportation
Commission, for a public improvement designated as Route 74 , Cape
Girardeau County, Job No. JOU0616, consisting of grading, paving
and bridge construction as necessary to replace existing bridge
number J-225R over Little Ramsey Creek. A copy of said Agreement
is attached to this Ordinance and made a part hereof.
ARTICLE 2 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS f��OAY OF F C�tt=�EJ1��� � 19 �1�/ .
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A. . Spradling, III, yor
ATTEST:
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r .i�'�.��x i �ih ��t'1;_ LCt��
Gay� Conrad, City Clerk
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CCO FORM: DE11 Route 74, Cape Girardeau County
Approved: 4/93 (CEH) Job No. JOU0616
Revised: 8/98 (BDG) City of Cape Girardeau
Modified: Municipal Agreement
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
MUNICIPAL AGREEMENT
THIS AGREEMENT, is entered into by the Missouri Highway and Transportation
Commission (hereinafter, "Commission"), and the City of Cape Girardeau, Missouri, a
municipal corporation (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) IMPROVEMENT DESIGNATION: The public improvement designated as
Route 74, Cape Girardeau County, Job No. JOU0616 shall consist of grading, paving
and bridge construction as necessary to replace existing bridge number J-225R over
Little Ramsey Creek.
(2) IMPROVEMENT WITHIN CITY: The improvement within the City is
located as follows:
Beginning at Station 8+325.000, a point 3031.9 m north and 1814.6 m west of the
southeast corner of Section 25, Township 30 North, Range 13 East, run in a easterly
direction along existing Route 74 to Station 8+464.923, a point where the centerline of
present Route 74 intersects the centerline of Old Route 61. Length of improvement
within the city is 0.140 km (0.09 miles).
(3) EXTENT OF AGREEMENT: This Agreement shall apply only to the
portion of the improvement lying within the city limits as they exist on the date this
Agreement is executed by the City.
(4) LOCATION: The general location of the public improvement is shown on
an attached sketch marked "Exhibit A" and made a part of this Agreement. The
detailed location of the improvement is shown on the plans prepared by the
Commission for the above-designated route and project.
(5) PURPOSE: It is the intent of this Agreement that the Commission shall
provide without cost to the City, except as otherwise provided in this Agreement, a
highway for traffic in the City and the Commission shall so design and construct the
highway to serve operating necessities and requirements of local and through traffic.
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(6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of
public roads, streets, and alleys as necessary for construction and maintenance of said
public improvement.
(7) RIGHT-OF-WAY ACQUISITION:
No acquisition of additional right-of-way is anticipated in connection with
Job No. JOU0616 or contemplated by this Agreement.
(8) UTILITY RELOCATION:
(A) The Commission and the City shall cooperate to secure the temporary
or permanent removal, relocation, or adjustment of public utilities or private lines, poles,
wires, conduits, and pipes located on the right-of-way of existing public ways as
necessary for construction of the improvement and the cost shall be borne by such
public utilities or the owners of the facilities except where the City is by existing
franchise or agreement obligated to pay all or a portion of such cost, in which case the
City will pay its obligated portion of the cost.
(B) The Commission shall secure the removal, relocation, or adjustment
of any public or private utilities located upon private easements and shall pay any costs
incurred therein.
(C) It is understood and agreed by the parties to this Agreement that no
city-owned utility facilities will require relocation or adjustment in connection with this
improvement, but that should utility facilities be discovered at any time during
development or construction of this improvement, relocation or adjustment of the same
will be done and performed under a supplemental agreement covering the subject, and
in accordance with Commission policy then in effect on division of costs for adjustment
of utility facilities.
(D) The City agrees that any installation, removal, relocation,
maintenance, or repair of public or private utilities involving work within highway
right-of-way included in this project shall be done only in accordance with the general
rules and regulations of the Commission and after a permit for the particular work has
been obtained from the Commission's district engineer or his authorized representative.
Similarly, the City will allow no work on the highway right-of-way involving excavation or
alteration in any manner of the highway as constructed, including but not limited to
driveway connections, except in accordance with the rules and regulations of the
Commission and only after a permit for the specific work has been obtained from the
Commission's district engineer or his authorized representative. The City shall enact
ordinances necessary to assure compliance with this paragraph.
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(9) LIGHTING
The installation, operation, and maintenance by the Commission of any
lighting system on the public improvement covered by this Agreement shall be only in
accordance with the Commission's policy on highway lighting in effect at the time of any
such installation and only to the extent the Commission then deems warranted. No
street lighting system shall be installed or maintained by or for the City on the
improvement without approval of the Commission.
(10) TRAFFIC CONTROL DEVICES: The installation, operation and
maintenance of all traffic signals, pavement markings, signs, and devices on the
improvement, including those befinreen the highway and intersecting streets shall be
under the exclusive jurisdiction and at the cost of the Commission. The City shall not
install, operate, or maintain any traffic signals, signs or other traffic control devices on
the highway or on streets and highways at any point where they intersect this highway
without approval of the Commission.
(11) DRAINAGE:
The Commission will construct drainage facilities along the improvement
and may use any existing storm and surface water drainage facilities now in existence
in the area. The City shall be responsible for receiving and disposing of storm and
surface water discharged from those drainage facilities which the Commission
constructs within the limits of highway right-of-way to the extent of the City's authority
and control of the storm sewer facilities or natural drainage involved.
(12) PERMITS: The Commission shall secure any necessary approvals or
permits from the Surface Transportation Board, the Public Service Commission of
Missouri, or any other state or federal regulating authority required to permit the
construction and maintenance of the highway.
(13) COMMENCEMENT OF WORK: The Commission shall construct the
highway in accordance with final detailed plans approved by the Federal Highway
Administration (or as they may be changed from time to time by the Commission with
the approval of the FHWA) at such time as federal and state funds are allocated to the
public improvement in an amount sufficient to pay for the federal and state
government's proportionate share of construction and ripht-of-wav costs. The obligation
of the Commission toward the actual construction of the public improvement shall be
dependent upon the completion of plans in time to obligate federal funds for such
construction, upon approval of the plans by the FHWA, upon the award by the
Commission of the contract for the construction, and upon the approval of the award by
the FHWA.
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(14) MAINTENANCE:
(A) Except as provided in this Agreement, upon completion of the public
improvement, the Commission will maintain all portions of the improvement within the
Commission owned right-of-way. Maintenance by the Commission shall not in any case
include maintenance or repair of sidewalks whether new or used in place, water supply
lines, sanitary or storm sewers (except those storm sewers constructed by the
Commission to drain the highway), city-owned utilities within the right-of-way or the
removal of snow other than the machine or chemical removal from the traveled portion
of the highway.
(B) The City shall inspect and maintain the sidewalks constructed by this
project in a condition reasonably safe to the public and shall indemnify and hold the
Commission harmless from any claims arising from the construction and maintenance
of said sidewalks.
(C) When it is necessary to revise or adjust city streets, the right-of-way
acquired for these adjustments and connections will be deeded to the City.
(15) POLICE POWERS: It is the intent of the parties to this Agreement that
the City shall retain its police powers with respect to the regulation of traffic upon the
improvement contemplated. However, the City will enact, keep in force, and enforce
only such ordinances relating to traffic movement and parking restrictions as may be
approved by the Commission and as are not in conflict with any regulations for federal
aid. The Commission shall not arbitrarily withhold approval of reasonable traffic
regulations, signs, and markings which will permit the movement of traffic in accordance
with accepted traffic regulation practices.
(16) PARKING ORDINANCES: Since the improvement is being designed and
constructed to accommodate a maximum amount of traffic with a minimum amount of
right-of-way, the City shall enact and enforce such ordinances as are necessary to
prevent parking upon the highway or any part of the area of the highway right-of-way
within the limits of the improvement.
(17) OUTDOOR ADVERTISING: No billboards or other advertising signs or
devices or vending or sale of inerchandise will be permitted within the right-of-way limits
of the project and the City will enact such ordinances as are necessary to enforce this
paragraph.
(18) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or
refuses to enact, keep in force or enforce ordinances specified or enacts ordinances
contrary to the provisions in this Agreement, or in any other manner fails, neglects or
refuses to perform any of the obligations assumed by it under this Agreement, the
Commission may, after serving written request upon the City for compliance and the
City's failure to comply, withhold the expenditure of further funds for maintenance,
improvement, construction, or reconstruction of the state highway system in the City.
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(19) FEDERAL HIGHWAY ADMINiSTRATION: This Agreement is entered
into subject to approval by the Federal Highway Administration, and is further subject to
the availability of federal and state funds for this construction.
(20) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved on or befinreen the duly authorized representatives of the City and
Commission.
(21) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(22) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(23) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the perFormance of the contract.
(24) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the
scope of any provision of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City this I�l�lday of (��-�,t�T- , 19��
Executed by the Commission this �µ�day of ne-u�N�.en , 19�
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MISSOURI HIGHWAY AND �
TRANSPO TION COMMISSION �`� CITY OF ,�rk (��rr��d�a�c
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Secretary to the Comr�ission
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Approved as to Form: Approved as to Form:
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