The URL can be used to link to this page

Home My WebLink AboutOrd.120.01-18-1984 BILL N0. �33-142 ORDINANCE N0. �.-�� ------- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE I�IISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE IMPROVEMENT OF A PORTION OF ROUTE 61 FROM ROUTE K TO ROUTE 74 IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. The City Manager, on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a contract with the P�issouri Highway and Transportation Commission for the public improver.lent designated as P.oute 61, Cape Girardeau County, Job No. 10-U-61-18, a copy of which contract is attached to this ordinance and made a part hereof. SECTION 2. This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS �� DAY OF L� �%ti� �r �� v� 198� , � ��%�-� MAYOR ATTEST: �� . zl � � i_ ' �.-L-r.�_-c-� Z,� �-c� CITY C ERK i .�`��, \,��, �\� ' � � Rnute 61, Cape Girardea.0 Crnmty Job No. 10-U-61-18 City of Cape Girardeau • CONTRAG"T This Agreement, made and ent�red into by and betwe� the State of Missa�i, acting by and thrau�h the Misso�i Higt�,aays and Transportation Ccxrmissiorn, hereinafter called "Conmission," and the City of Cape Girardeau, Missouri, a nnnzicipal c�rporation, hereinafter called "City," WI'ii�.SSEI'H: In cansid�xation of the rrnitual covenants contained herein, to be faithfully kept and perfo� by the parties hereto, it is agre�d as follaas: 1. The public im�rove�ent desig�ated as Route 61, Cape Girardea� County, Job No. 10-U-61-I8, shall consist of gradin;, surfacin� with aspha].t � concrete of variable width, utility adj ustm�ent within bri a�e lirtits, rainterk.�n.ce, widening of Bridge No. H-572, and other �cax>rk incidental. to su�h improv�nents. 2, The im}�ravea�ent within City is located as follaws: Begirming at the intersection of Routes 61-34 and K (William Street), Station 1128+54.9 and proceed in a south�rly direc- tion to Route 74 jimctian at Station 1215+15.0. Tha length of imprav�t within City is 1.6 miles. 3. This agreement shall apply only to the portion of the improvetne�nt lying wi.thin the city limits as they exist on the date this cantract 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 improve.ment. City shall duly close and vacate a11 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 it is deemed necessary by the Co.mmission 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. No acquisition of additional right-of-way is anticipated in connection with Job No. 10-U-61-18 or contemplated by this agreement. 7 . Commission and City sha11 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. -2- 8. 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. 9. 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, re- location, or adjustment sha11 be made by the City at its cost. 10. 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 sha11 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 altera- tion 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 been obtained from the Commission ' s District Engineer or his authorized representative. City shall enact ordinances necessary to assure compliance with this para- graph. 11 . The installation, operation, and maintenance by Commission of any lighting system on the public improvement covered by this agreement shall be only in accordance with the Co.mmission ' s policy on highway lighting in effect at the time -3- . � . ` . . of any such installation and only to �he extent the Commission then deems warranted. No street lighting system sha11 be installed or maintained by or for City on the improvement without approval of Commission. 12 . The installation, operation, and maintenance of all necessary traffic control signals, signs, and devices on said improvement, including those between said highway and inter- secting streets and highways shall be under the exclusive juris- diction and at the cost of Commission. City shall not install, operate, or maintain any traffic control 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. 13 . 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. 14. It is the intent of this agree.ment that Commission shall provide without costto City except as otherwise provided herein, a highway for traffic in City which is recognized as a municipal corporation, and Commission sha11 so design and con- struct said highway as to enable it to serve operating necessities and requirements of local and through traffic . 15 . Except as herein provided, upon completion of the -4- , • . • . 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. 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 wi11 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 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. 17 . 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 wi11 enact such ordinances as are necessary to enforce this paragraph. 18. Since the i.mprovement contemplated herein is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, City sha11 enact and enforce such ordinances as are necessary to prevent parking -5- upon said highway or any part of the area of the highway right- of-way within the limits of the improvement . a. The construction of this project will be financed using City' s share of Federal Aid Urban Funds, with Commission providing matching funds, except for the widening of Bridge No. H-572 . Bridge Replacement Funds shall be used to finance the widening of Bridge No. H-572 . 19. 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. -6- r IN WITPIESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers and the City executes the same pursuant to Ordinance No . 120 , of said City, approved on the 18th day of January, 1984. Executed by City the 31st day of January, 1984. Executed by Commission the day of , 19 P�IISSOURI HIGHWAY AND TR.ANSPORTATION COMMISSION ATTEST: (SEAL) By Chairman Secretary APPROVED AS TO FORM: Counsel CITY OF CAPE GIRARDEAU, MISSOURI ti ATTEST: (SEAL) By City 11 ager �� I � , ,� �� .��> �, City C'lerk APPROVED AS TO FORM: City Attorney -7- _ooP 5 �rtj.. �A � ��2 8 a � F �4 \ �. c, ZND-PE oENGE 4•,p ,�� `'F � K � 34`� -- — {� r- �j\� C B fC.� � -�7G . � )� �i �� ` Q wA�Nur \ F�� . J `, �O V 0�' V � � CuST � F�}(o RY V F ' u°��sr w\ t,.._�USM A Q J CirY oF � ��pusrR�A�_;, �,PE GIRARDEAU � � � GERHART' �o �� 7 �2�s o! '�'s. 0 L OC,q T/Oiv Sk�'TCh' �",!'f�/.�3/T •g COit/>'.'��yCT -Q�'Tl.�/E�'iV �isso�,v yi�yr,�Ay �.vo T�e.9.�✓s,�o��Th�T'!O�(/ co��i��rss�o.1� �7N0 C/TY �F" C�I�E" .-��/.Q.9.�0�'�9U J M/SSOU�?f� ��O✓E'G'T c�9.aE ��,��9•��9U cori.crr-y� � /�o�rE �'/ Ci9PE C�/.Q/�.Q.OEf�U CO• J08 NO. /D-(/- �/-/8