HomeMy WebLinkAboutOrd.673.02-15-1989BILL NO. 89-26
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION COMMISSION FOR
ROUTE 34 IMPROVEMENT PROJECT, JOB NO.
10-U-34-410
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into a
Contract with the Missouri Highway and Transportation Commission
for the Highway 34 improvement project, Job No. 10-U-34-410. A
copy of said Contract is attached to this Resolution and made part
hereof.
SECTION 2. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS p, DAY OF , 1989.
51)
- - - - ----- -- Fr_anc_is- E.---h_o_des_, Mayor-----
ATTEST:
C/
velyn G LeGrand,'C'ity Clerk
Route 34, Cape Girardeau County
Job No. 10-U-34-410 ,
City of Cape Girardeau
Urban Agreement
CONTRACT
This Agreement is entered into by the Missouri Highway and
Transportation Commission, after this called "commission," and the City of
Cape Girardeau, Missouri, a municipal corporation, after this called
"city,"
WITNESSETH:
In consideration of the mutual covenants in this agreement to
be faithfully kept and performed by each party, it is agreed as follows:
(1) IMPROVEMENT DESIGNATION: The public improvement
designated as Route 34, Cape Girardeau County, Job No. 10-U-34-410 shall
consist of grading, widening, surfacing with a high -type pavement in
variable widths, adjustment of utility facilities, construction of
drainage facilities, lighting, traffic signalization, maintenance and
other incidental work as necessary.
(2) IMPROVEMENT WITHIN CITY: The improvement within city
consists of two disconnected sections and is located as follows:
Beginning at Station 1085+62, a point 682.0 feet
north of the intersection of Route 34(61) and
Broadway Street, thence southerly along the centerline
of Route 34(61) 1200.0 feet and there terminating at
Station 1097+62. Included is a portion of Broadway
Street extending 313.3 feet east of the intersection
with Route 34(61). Also beginning at Station 1120+03,
a point 851.9 feet north of the intersection of Route
34(61) and Route K (William Street), thence southerly
along the centerline of Route 34(61) 1509.0 feet and
there terminating at Route 61 Station 1135+12 for a total
project length of 2709.0 feet. Included is a portion
of Route K extending 680.1 feet west and William
Street (Route 34) extending 230.0 feet east of the
intersection with Route 34(61).
(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 contract is executed by city.
(4) LOCATION: The general location of the public improvement
is shown on an attached sketch marked "Exhibit A1l and made a part of this
agreement. The detailed location of the improvement is shown on the plans
prepared by commission for the above designated route and project.
(5) PURPOSE: It is the intent of this agreement that
commission shall provide without cost to city, except as otherwise
provided in this agreement, a highway for traffic in city. Commission
shall so design and construct the highway to serve operating necessities
and requirements of local and through traffic.
(6) RIGHT OF WAY t1SF
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.
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(7) CLOSE AND VACATE STREETS: City shall duly close and
vacate all city streets or roads, or parts thereof, which may be necessary
to permit the construction of the project in accordance with the detailed
plans. Whenever the commission deems it necessary to close any street or
road permanently or temporarily during construction, city shall be advised
in time to make provision for the diversion and rerouting of traffic.
(8) NO RIGHT OF WAY ACQUISITION: No acquisition of
additional right-of-way is anticipated in connection with Job No.
10-U-34-410, except for a temporary easement for the reconstruction of a
commercial entrance which the commission shall acquire at its expense.
(9) UTILITY RELOCATION:
(A) Commission and 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- thereof shall be borne by such public
a
utilities or th'e owners of said facilities except where 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) 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.
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(C) Should it be necessary to alter, relocate or adjust
any city—owned utility facilities outside the present city limits on
public right—of—way, or on state highway right—of—way within or outside
the city limits, or within the right—of—way of a public way other than a
city street or alley, the alteration, relocation, or adjustment shall be
made by the city at its cost.
(D) 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, 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 andregulations--of— commission and—only--after—a--permit--for-
the
ermit—for
the specific work has been obtained from the commission's district
engineer or his authorized representative. City shall enact ordinances
necessary to assure compliance with this paragraph.
(10) LIGHTING: Commission shall relocate any existing basic
continuous lighting, including a city installed lighting unit located left
of Station 1096+75, in conflict with the proposed construction. In
return, city shall accept responsibility for operation, maintenance, and
current for three basic lighting units at the Route 34 and William Street
intersection now maintained by commission. Such lighting will be
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operated, maintained and current provided by city. Lighting located on
traffic signal posts will be operated and maintained by commission with
current provided by city. City shall provide current in accordance with
an agreement dated July 13, 1962. The construction, installation and
maintenance of any other or further 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, and to the extent
deemed warranted by commission, at the time of any such installation. No
lighting system shall be installed or maintained by city on the
improvement without approval of commission.
(11) TRAFFIC SIGNALS: The installation and maintenance of
all traffic signals, signs and devices on the improvement, including those
between the highway and intersecting streets shall be under the exclusive
jurisdiction and at the cost of commission. City shall supply the current
to such traffic signals under an agreement dated July 13, 1962. City
shall not install, operate, or maintain any traffic signals, signs or
devices on the highway or on streets and highways at any point where they
intersect this highway without approval of commission.
(12) SUPPLEMENTAL AGREEMENT: The Route 34 and Route K
(William Street) geometric revisions and traffic signals are included in
this agreement, but construction will be held for another contract, at
city's request, to allow for coordination of design of the Walker Creek
flood control improvements.
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A supplemental agreement will be made and entered into for the
design, right-of-way acquisition, .and construction of the proposed (50
feet clear -opening) drainage structure on William Street at Walker Creek.
(13) STREET CONSTRUCTION: Commission and city are in
agreement to permanently close the median on Route 34, between
Independence Street and Route K. City shall provide the timely
construction of a dedicated street to city standards left of Route K
Station 341+34.4 as shown on attached sketch marked Exhibit B and part of
this agreement. Commission will construct a street connection to the
existing right-of-way line and provide a 60 foot break in the limited
access right-of-way from left of Route K Station 341+12 to Station 341+72.
No access break will be allowed until the street is in place. This work
will be included with the Broadway Street project.
(14) DRAINAGE: Commission will construct drainage facilities
along the improved project and may use any existing storm and surface
water drainage facilities now in existence in the area, and city agrees to
accept and dispose of such surface water.
(15) PERMITS: Commission shall secure any necessary
approvals or permits from the Interstate Commerce Commission or the Public
Service Commission of Missouri required to permit the construction and
maintenance of said highway.
(16) COMMENCING OF WORK: Commission shall construct said
highway in accordance with final detailed plans approved by the Federal
Highway Administration (or as they may be changed from time to time by
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Commission with the approval of the Federal Highway Administration) 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. 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 Federal
Highway Administration, upon the award by the commission of the contract
for the construction, and upon the approval of the award by the Federal
Highway Administration.
(17) MAINTENANCE: Except as provided in this agreement, upon
completion of the public improvement, the commission will maintain all
portions of the improvement within the normal right-of-way. Maintenance
by 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 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.
(18) POLICE POWERS:
It is the intent of the parties to this
agreement that city shall retain its police powers with respect to the
regulation of traffic upon the improvement contemplated. However, city
will enact, keep in force, and enforce only such ordinances relating to
traffic movement and parking restrictions as may be approved by commission
and as are not in conflict with federal aid regulations. Commission shall
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not arbitrarily withhold approval of reasonable traffic regulations,
signs, and markings which will permit the movement of traffic in
accordance with accepted traffic regulation practices.
(19) OUTDOOR ADVERTISING: No billboards or other advertising
signs or devices or vending or sale of merchandise will be permitted
within the right-of-way limits of the project and city will enact such
ordinances as are necessary to enforce this paragraph.
(20) 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, 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.
(21) WITHHOLDING OF FUNDS: In the event that 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, commission may,
after serving written request upon city for compliance and city's failure
to comply, withhold the expenditure of further funds for maintenance,
improvement, construction, or reconstruction of the state highway system
in said city.
(22) FEDERAL HIGHWAY ADMINISTRATION: This agreement is
entered into subject to the approval of the Federal Highway
Administration, and is further subject to the availability of federal and
state funds for this construction.
(23) AMENDMENTS: Any change in the contract, whether by
modification and/or supplementation, must be accomplished by a formal
contract amendment signed and approved on or between the duly authorized
representatives of the city and commission.
(24) COMMISSION REPRESENTATIVE: The commission's chief
engineer is designated as commission's representative for the purpose of
administering the provisions of this contract.
(25) ASSIGNMENT: The city shall not assign or delegate any
interest in the contract and shall not transfer any interest in the
contract, (whether by assignment, delegation or novation) without the
prior written consent of the commission.
(26) LAW OF MISSOURI TO GOVERN: Contract 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.
ME
IN WITNESS WHEREOF, the parties have entered into this
agreement on the last date written below.
Executed by the day of , 19
Executed by commission the day of 19
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION
By
Title
Attest:
Secretary
Approved as to form:
By
Title
Attest:
By
Title
Approved as to form:
Counsel
Title
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EXHIBIT A
CONTRACT BETWEEN
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
AND
CITY'OF CAPE GIRARDEAU, MISSOURI
JOB NO. 10-U-34-410 CAPE GIRAPDEAU COUNTY
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EXHIBIT B
CONTRACT BETWEEN
MISSOURI HIGHWAY AND TRANSPORTATION COIvMISSION
AND
CITY OF CAPE GIRARDEAU, MISSOURI
JOB NO. 10-U-34-410 CAPE GIRARDEAU COUNTY