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Home My WebLink AboutCityMgrForm.1447.05-16-1979 a - _i CITY MANAGER FORM ORDINANCE NO. �7 AN ORDINANCE APPROVING THE FORM OF A FIRST SUPPLEMENTAL FEDERAL AID URBAN PROGRAM AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND THE STATE HIGHWAY COMMISSION OF MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY WHEREAS, the City of Cape Girardeau, Missouri and the State Highway Commission of Missouri have previously entered into a Federal Aid Urban Program Agreement concerning the allocation and distribution of federal funds for improvement of major city arterial route in the City of Cape Girardeau, Missouri; and WHEREAS, the said agreement needs to be supplemented; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The "First Supplemental Federal Aid Urban Program Agreement" for Project M-1500 (001) , copy attached hereto marked Exhibit "A" , between the City of Cape Girardeau, Missouri and the State Highway Commission of Missouri, is approved as to form. SECTION 2 . The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said Agreement, copy attached hereto marked Exhibit "A" , for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. Payment of a sum of money is hereby authorized to be paid by the City of Cape Girardeau, Missouri to the State Highway Commission of Missouri in accordance with the terms and provisions of said Agreement. SECTION 4 . This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS f�o DAY OF , 1979. `� � " \ � �'_ ..�„�--- \�, �� Paul W. Stehr, Mayor ATTEST: � � � '�✓'�,(�,cL. �i--� Verna L. Land s, City Clerk , ��` �� i� � C�� C�ty of Ca�e G�rardeau Project M•l�C�O(001) FIRST' SUPPLEMENTAL F'EDERAL, AID URBAN PROGI�_AM AGRE.FMEN7' This Fust Supplemental F'edexal Aid Urban Progtam A��ement, made and ente�ed into by and betwesn the State Highway Com�ission of Missouri, riereinaftet called '°Corryrr�ission,'" and the City of Cape Girardeau, a munici�al corparation in the State of Missoun, hereinaftei �alled '"City," W IT'N ESSETH: "I'he garties hereto have previously made and entered �nto a Federal A�di Grt�an Pio�am A�eement concerning the allocation and distribution of federal funds for im�rovement of major city arterial routes in Cape Giratdeau, Micsouii, on a shar�th�cost t�asis aetwe�n the United States Government and the City of Cape Giraidleau.. Said Federal Aadi t'1ban Progcarn A�eernent is hereinafter referred to as the "Original F'AUF' Agreement.'" City desires to constiuct certain improvements, more sgecitically descxibed �elow,unc�er the Federal Aid Urban Program for the City of Cape Girardeau. Sai� �mptovern�nts al� to be designed and constructed by City in com�*liance w�th the piovts�ons of the Oc��nal FAliP Agreement. In consideration of the mutual covenants and piomises contained herein to �e faithfully kept and performed by the parties hereto and each of t�em, it is a�eed as follows�. 1� The irnptovements presente� designated by Comm�ss�on as Pio�ect M-1500(001) and contemplated herein consist of traffic signal cevisions as follow• revision of inteisection geometrics with new or updated traffic signals on Broadway Street at �ts antetsection witY� l`arutheYs Stteet, Perry Road, West End Boulevard, Pacific Stieet, and 5�.+��g� Stieet and on Inde��enc�ence Street at its intersection wrth Caruthers Sireet, West End BoulevaY�i, Facif�c Stt�et, and Sp�t��g Stieet and on Sprigg Street at its intecsections with Williams Street and Moi�an Oak; new fue station signals on Independence Street west of its intetsection w�ih Kellei Street; and iemoval of existing traffic signal installation at the intersection of Btoadway Street wrth Founta�n Street. The general locations of the improvements aie shown on an attachment he�eto mazked '"Extaibit A" which is incorporated herein by reference. DCMfBiT MA� 2.. Effective upon execution of this agreement, Corrurrw�ss�on accepts the above described por�ions of the City streei system as parts of'the Stat� Highway System fot tt�e putposes of the aforesaid Federal Ai� Urban Program However, during *he consUuction �eriod contemplated hereunr�er, a Cornrni�ion v�all assume no police oi trafHc control funct.�ons not obl�atory upon Commission immediately prioi to the execution of this agreernent, and • b. City shall perforrn or cause to he perfoirned noimai maintenance on+he project sites� 3. Upon completion of construction of the herein contem��lated un�rovements, Caty shall accept control and maintenance of the streets im�roved heieun�e* and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street xystem at its own cost and expense and at no cost and expense whatsoevet to Comm�ssion All obl��ations of Comm�ssion under this agreement shall thereupon cease and terminate 4. City shall indemnify and save harmless the Comm�ssion from damages oi clairns for damages growing out of or in connection w�th the here�n contem�alated F'ederal Aid L�Yban Project, It is the intent of the parties ..ereto that Comm�ssion is to assurne no l�al�ility for the completion of the herein contemplated un�rovements; and, if` the (orr�rru•�ssion should expend any funds �n connection herewith for which it is not reimbursed �y the t�mtedl �tates Governrnent, City will reimburse the Commission for samE 5, In connection with the acquisit�on of necessary ri�ht-of-way for the construct�on of Roject M-1500(001), Commission shall pre�are the deeds for ant� ap�.raise sarr�e Cwty agtees x.o reimburse Commission for its actual expenses inrutred thereby City st�all peiiorm all otrier ri�ht-of-way acquis�tion functions and, in so do�ng, agrees to comply with all appl�cable fedetal laws, rules, and regulat�ons, including but not limited to Sect�ons 4601 tt�rough 46�<, T�tle 4x, U S CA (Public Law 91-636, the Uniform Relocation Assistance and Real Pioperty Acquis��ion Policies Act of 1970) 6 7he cost of the improvements contemplated herein wdl be borne by the United States Government and by City as prov�ded by the terms of the Or��nal FAUP' AgreernEnt. '�. City shall secure any necessary approvals or permrts from the Inteistate Comn�erce Cornmission and the Public Service Cornmission of Missouii as are zequ�red to �;�ermrt the construction anc� ma�ntenance of the improvements contem�slated herein - 2 - - � �- 8. Except as mod�f�ed, amended, oi supplemented herein, the Original F'AUP A.gieement between the �arties hereto shall be and iemain in full force anc� effect, 9, This agreement is made and entered into subject to the approval of the Federal �-Lghv►ray Admirustiation 10., T'he parties heieto understand that the F'�detal Govetnment is piesently pariicipating in �'S% af the eligible costs of F'ederal Aid Ur�an Projects� - 3 - tN WITNES� WHEREOF, tt,e paities heteto have caused tivs agreem�nt to be executed hy the�ai respecti�e off�cets an'd the ('piy executes same puisuant to Oidinance No.. , of said C�rty, approvec� on the _ day of . l�'�' Ex�c.ute� by City thE day of , 197 Executed t�>y Gomm�ssion the I dlay of` , 197 STA�E H[GHWAY COMMISSION OF' MISSOURI ATT E,S'T: (SEA 1 l By (�a�rman Sec:retary APPRO�FD AS TO FORM. Counsel CIZY` OF' CAPE GIRARDFAU, MISSOURI A7TES7'� (SEAL,I By Mayor C'rty G'lexk ApPROVED AS TO FORM C'ity Attorney • 4 - •R , �' . . r �� •� �7o Jachwn To 51.louis ... � . To iruitlrM __'__ .. �- ...- . . . . .. - --.� _ _.�1 i --� � 6� , �. I � . ��,. \ �.�.�„�.� i ' � \1\`\`� � j ' � � ; , � .\ �;;" i ro cera►uM. �� ` ��\;, i - - li �'_'___�� ''1. � � \� � L__ ""'_'_ , � \* —"_ _ o . � �� ) � �. � P � �� ,� � ' � � : ; � an ) t'a � � �'� ' ' '� a . lFIi�IN� uK 1 � � ,.� ; i � Y� � ,;.;,� '`\ � _ HcrvtR R C � Nuro'x : , � fi ' • � r ; � t � ,` � t I �\ � ., .. ... �,��, . � \ � x^.ei�ha. �. -..- n�gyq. sr � . ( — � �� — - �— ..� (' n \� _�_�.�•IM_DloEN lWvii��R '. ( N ' ��``�rS p� . �^"_ �.. oso�^��w .w�ty�u+ c. � �-7�i` � , • ,U� .,�,�� xc ': = � 4 ~ � N �� ` �� t�'` �'�NoaK��--; E ' � � r � 1 6`�„Mn�.o — y a �� — � . j \ s 2 , �\\ �"�/ / � i � � � �a � � M�r✓ & U��1a/�c� 3.yn,'/> `\ ' . ; O Fi�r SfA/ic.� .Si,�na/1 � � . � * �g r�;! � 'I i + � T'�.vFl%t Siyna/ �.T��'t/ - ti , , �; '\ , . ' S'R�� /� �� ' N ' �.____`�� . � 1 1 � s ' 4 � � " ,o�k,s�, CAPE GIRARDEAU �, � , _ _I EXNIF3IT A First Sup{�lemental FAU Agreement Qetween STATE IIIGNldAY CO'111ISSIO�J OF P�IISSOURI -and- CITY OF CI�PE GIRAR�EAU, t�1ISS0URI Project �1-1500(001 )