Loading...
HomeMy WebLinkAboutOrd.423.01-19-1987 BILL N0. 87-1 ORDINANCE t10. �� AP1 ORDINANCE AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI TO ENTER INTO A CONTRACT WITH THE MISSOURI HIGHWAY AND TRANSPORTATICN COMMISSION FOR IMPROVEMENTS AT THE INTERSECTI�)N OF ROUTE 34 AND INDEPENDENCE STREET BF IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : SECTIOrI l . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Contract with the Missour. i Highway and Transportation Commission for improvements at the intersection of Route 34 and Independence Street in the City of Cape Girardeau . A copy of said Contract is attached to this Ordinance and made a part hereof . PASSED AND APPROVED THIS ����� DAY OF , 1987. rancis E. Rhodes, Mayor ATTEST : Alvin M. Stoverink , City Clerk . . � �• Route 34 , Cape Girardeau , County Independence Street Intersection J ob No. 10-U-34-338 City of Cape Girardeau Urban Agreement CONTRACT This Agreement, made and entered into by and between the State of Missouri, acting by and through the Missouri Highway and Transportation Commission, hereinafter called "Commission, " and the City of Cape Girardeau, Missouri , a municipal corporation, hereinafter called "City, " WITNESSETH : In consideration of the mutual covenants contained herein, to be faithfully kept and performed by the parties hereto, it is agreed as follows: l . The public improvement designated as Route 34 , Cape Girardeau County� Job No. 10-U-34-338 shall consist of the acquisition of right-of-way, 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 . The improvement within City is located as follows: Beginning at Station 1112+45 , a point 329 .2 feet north of the intersection of Route 34 and Independence Street, thence southerly along the centerline of Route 34 , 443 .8 feet and there terminating at Station 1116+88 .8 a point 702 feet N 88 degrees, 17 minutes, 25 seconds, west of the Northeast Corner of Out lot 87 , USPS 2199 , Township 30 North, Range 13 East. The length of the improvement is 443 .8 feet. 3 . 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. The general location of the public improvement contemplated herein 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 Commission for the above-designated route and project. 5 . 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 . 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. W henever it is deemed necessary by the Commission to close any street or road permanently or temporarily during construction, City shall be advised thereof in time to make provision for the diversion and rerouting of traffic necessitated thereby. 6 . Upon approval of all agreements , plans and specifications by City and the Federal Highway Administration, City will file copies of said plans in the offices of the City Clerk of City and the County Clerk of aforesaid County and proceed to acquire at its expense by purchase or by condemnation in the name of the State of Missouri , and at no cost or expense to Commission on this account , any necessary right-of-way required for the construction of the improvement. 2 7 . 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 utilities or the 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. 8 . 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, such alteration, relocation , or adjustment shall be made by the City at its cost. 9 . 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 and regulations of Commission and only after a permit for the �specific work has � 3 . been obtained from the Commission' s District Engineer or his authorized representative. City shall enact ordinances necessary to assure compliance with this paragraph. 10 . The existing basic continuous lighting will be relocated to the improvement site. Such lighting will be operated and maintained 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 said installation. No lighting system shall be installed or maintained by City on the improvement without approval of Commission. 11 . The installation and maintenance of all necessary traffic signals, signs, and devices on said improvement, including those between said highway and intersecting streets and highway 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 said highway or on intersecting streets and highways at any point where they intersect this highway without approval of Commission. r 4 • 12 . 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. 13 . City agrees to release funds it is entitled to receive under the Federal Aid Urban Program in the amount of 75� of the total costs of the improvement . Commission shall be responsible for 25� of the total cost of the improvement. 13 . It is the intent of this agreement that Commission shall provide without cost to City except as otherwise provided herein , a highway for traffic in City which is recognized as a municipal corporation, and Commission shall so design and construct said highway as to enable it to serve operating necessities and requirements of local and through traffic. 14 . 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 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 said public improvement shall be dependent upon the completion of plans therefor in time to obligate federal funds for such construction, upon approval of said plans by the Federal Highway Administration, upon the award , 5 � by the Commission of the contract for such construction , and upon the approv�l of such award by the Federal Highway Administration. 15 . Except as herein provided, 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. 16. 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 . 17 . It is the intent of the parties hereto that City shall retain its police powers with respect to the regulation of traffic upon the improvement contemplated herein. However, City will enact, keep in force , and enforce only such ordinances relating to traffic movement and parking reatrictions as may be approved by Commission and as are not in conflict with Federal Aid regulations. 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. 6 18 . 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 as improved and City will enact such ordinances as are necessary to enforce this paragraph. 19 . Since the improvement contemplated herein 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 said highway or any part of the area of the highway right-of-way within the limits of the improvement. 20 . In the event that City fails, neglects, or refuses to enact, keep in force or enforce ordinances herein specified or enacts ordinances contrary to the provisions hereof, 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. 21 . 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. 7 IN WI�NESS WHEREOF► the parties hereto have caused this agreement to be executed by their respective officers and the City executes same pursuant to Ordinance No. , of said City, approved on the day of � 198_ Executed by City the day of � 198 . Executed by Commission the day of � 198 . MISSOURZ HIGHWAY AND TRANSPORTATION COMMISSION ATTEST: (SEAL ) BY Chairman Secretary APPROVED AS TO FORM : Counsel CITY OF CAPE GIRARDEAU , � � MISSOURI ATTEST: (SEAL ) BY Mayor City Clerk APPROVED AS TO FORM : City Attorney - 8 . o � � ' � � V � 0 z � , �� 0 ,ycPPE.P .PD. _ V � � lv l �'/ T y o F, 3¢ CA.�E G/�P�4ROEAU B,qOAOwR y � 34 �'9'0� � R rE. sr'q. i��2� ~ � �.9 Q �4.2 � ¢S �A � ���5� O � '��, ;x 5.�A. > � �._._., � � � I/V4 EPENOENC E � � � � � i � � b' �8, B ( 3,¢ k//L L/A/�/ S T. v ����+ K I 5�a� 5 �o l,5 �\ �� �, -A m �m �� BG O o/NF�EL D 'Q�' �:XFIIT�I'1' A CON'CF�C'f RI:TIJEEN .iISSUUf?T ({IGiIWAY ANU TRANSPO(ZTATION C;OMf1[SS1GN Atdf) CI'I'Y UF CAPE GII?AItUEAU, MISSOUP.i JUB td0. 1.0-U-34-33F3 CAPG GIf:AFZU�:�U CU.