HomeMy WebLinkAboutCityMgrForm.803.08-01-1973 � � � , , . .
CITY MANAGER FORM ORDINANCE N0. 803
AN ORDINANCE APPROVING THE FORM OF A URBAN AGREEMENT CONTRACT
BETWEEN THE CITY OF CAPE GIRARDEAU AND THE 5TATE HIGHWAY
COMMISSION OF MIS50URI, FOR IMPROVING AND MAINTAINING A SECTION
OF 5TATE HIGHWAY DESIGNATED AS JOB NO. 10-U-K-9 , PROJECT U-61-2 (8) ,
ROUTE K, CAPE GIRARDEAU COUNTY, IN THE VICINITY OF CAPE GIRARDEAU,
MISSOURI, WITH AUTHORITY FOR THE MAYOR TO EXECUTE
WHEREAS, the State Highway Commission of Missouri proposes
to construct, improve and maintain a section of Route K, in the
vicinity of Cape Girardeau, in accordance with certain road plans
on file in the office of the County Clerk of Cape Girardeau
County, Missouri; and,
WHEREA5, the public improvement contemplated will consist
of the acquisition of necessary right-of-way, grading, widening,
surfacing with high type pavement, construction of drainage
facilities, �.djustment of utilities as required, lighting, traffic
signal adjustments and installation and other incidental work and
maintenance of a portion of Missouri Route K within the City of
Cape Girardeau; and,
WHEREAS, the City and Commission desire to enter into an
agreement for said public improvements;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The Urban Agreement Contract between the City
of Cape Girardeau, Missouri and the 5tate Highway Commission of
Missouri, a copy of which is attached hereto as "Exhibit A°' , is
approved in form.
S�CTION 2 . The Mayor of the City of Cape Girardeau,
Missouri, is hereby authorized and directed to execute this Urban
Agreement Contract for and on behalf of the City of Cape Girardeau,
Missouri . �
SECTION 3 . This ordinance shall be in full force and
effect ten days after its passage and approval.
��
PA55ED AND APPROVED THIS � DAY OF , 1973 .
�'����-..+--�. �, i -�.
MAYOR
ATTEST:
���� �� ��� �
� CITY CLERK
2 .
Urban Agreement
Cap� Girardeau
Route K, Cape Girardeau Co.
Rte. 61 E on William St. to
Sprigg St.
Job No. 10-U-K-9
CONTRACT
This agreement, made and entered into by and between the State of Missouri, acting
by and thro�igh the State Highway Commission of Missouri, herein called "Commission," and
the City of Cape Girardeau, Missouri, herein called "City,"
WITNESSETH: �
In consideration of the mutual covenants contained herein to be faithfuliy kept and
performed by the parties hereto, it is agreed as follows:
1. The public improvement contemplated by this agreement and designated as Route
K, Cape Girardeau County, from Route 61 East on William Street to Sprigg Street in the City
of Cape Girardeau, J�b No. 10-U-K-9, Project U-61-2(8), shall consist of the acquisition of necessary
right-of-way, grading, widening, surfacing with high type pavement, construction of drainage
facilities, adjustment o# utilities as required, lighting, traffic signal adjustments and inst�lfation,
other incidental work and maintenas�ce of a portion of M�ssouri Route K within City.
2. The publ�c improvement within Gity is located as fnll�ws:
Commencing at Station 346�69.09, said point being the intersection
of U.S. Route 61 and Route K {William Street) in the City of Cape
Girardeau, thence in an e3sterly direction along the center of Route
K (William Street) to the intersection of Sprigg Street; said point being
the end ofi the project and kno�,vn as Station 419+60.05.
The length cf the improvement within City is appr�ximately 1.375 miles.
This agreement shall apply only to the portion of the impro��eme��t (ying within
the city limits as they exist on the date this contract is exec�.�ted by City.
3. The general Ic�cation of the public impr�vemen� cor�templated hereii7 is shown o�:
attached sketch marked Exhibit A and made a part af this �greement. The detailed loc�tion
of the improvement is shown on the plans prepared by Commission for the above-designated
route and project.
4. City grants the right to use the right-of-way of �ublic roads, streets and alleys
as necessary for construction an�i muis�tenance af said publi� improvements. City shafl duly close
DCH I B IT "A"
temporarily all City streets or road 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 Commission
to close any street or road temporarily during construction , City shall
be advised thereof in time to make provision for the diversion and
rerouting of traffic necessitated thereby .
5 . City shall secure the enactment of such ordinances as are
necessary to lega7ly establish grades and changes in grades of streets
necessary for the construction of said improvement and street connections
therewith and shall indemnify and save the Commission harmless from any
damages or claims for damages as the result of such grade changes or
the establishment of grade , except at locations where the Commission
is acquiring additional right of way for the improvement in which case
the Commission shall indemnify and save harmless the City from any
damages or claims for damages as a result of such grade changes or the
establishment of grade . For the purposes of this section the ordinance
prescribing the grade on the center line of William Street- marked
"Exhibit B" and attached hereto shall be the extent of the grade change
for which the City shall indemnify the Commission , any other grade
ordinances or grade changes resulting in indemnification by the Commission
to the City.
6 . Upon approval of all agreements , plans and specifications by
Commission and the Federal Highway Administration , Commission 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 City on this account , any necessary right-of-way
required for the construction of the improvement .
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 , In cases of public utilities owned by City which must be moved ,
adjusted, or altered to accommodate construction of this improvement
and such city-owned utilities , poles , wires , conduits , and pi �es are
located within the present ci ¢y limits and located on an existing city
s�reet , not state highway right-of-way but being taken over hereunder
by the Commission as a part of its highway right-of-way, City will
perform the necessary removal , adjustment , alterations and relocation ,
and Commission will reimburse City therefore excent as hereinafter
provided. City shall perform the removal , adjustment , alteration and
relocation in accordance with the detail plans , estimates of costs and
bills of materials prepared by Cit.y in accordance with Polic,y and
Procedure Memorandum 30-4 issued by the Federal Highway Administration ,
dated October 15 , 1966 , and any revision thereof, and approved by
Commission ' s District Engineer, and shall perform
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all work and keep the records of the cost thereof in accordance with said Policy and Procedure
Memorandum and revis�ons thereof. Upon the completion of any such work and on receipt
by Comrvaission of seven copies of a bill for the actua� costs incurred by City in making any
such removal, adjustment, alteration, and relocation, Cornmission shall reimburse City for the
actual cost thereof ner,ess�tated by construction of this public improvement. Commission's
obligation toward the cost ofi any such remaval, adjustmpnt, alteration, and relocation shall extend
only to those costs incurred ir� accordance with said Policy and Proceciure Memorandum and
its revisions.
9. City agrees that any �nstallation, removal, relocataon, maintenance, or repair of
public or private utal�ties invo�ving work w�thin highway right-of-way included in this project
shall be done only in accordance with the general rules and rec�ulations of the Commission and
after a permit for the particular work has been obtained from the Gommission's District Engineer
or his authorszed represer�tatiue, S�mslarh�, City wiA! allow no work on the highway right-of-way
�nvolving excavation or alteration in any manner of the highway as constructed, including but
not limited to dr�vedvay connections, except in accordance with the rules and regulations of the
Commission and only after � perm�t for the soevific work has been obtained from the Com�r�+ission's
Distr�ct Engineer or his authorized representat�ve.
i0. Tl�e instal�ation, operation, and maintenance of any lighting system on the subject
improvement covered by thas agreement shall be only in accordance with the Commissson's pol�cy
on highway lighting in effect at ths time of any subject installation and oniy to the extent the
Commiss�on then deem� warranted. No street lighting system shal! be installed or maintained
by or for C�ty on the improvemerat without approva� of Commission. Commissian w611 at its
cost and expense relocate existing I�ght poles affectec� by this project which are located aiong
U�S, Route 61, Commsssion wR�# a�so at its a�st and expense, insta!!, operate, and maintain
basic intersect�on laghting at the intersection of Route K and Route 61. Commission wiil also
at its cost and expense, install, operate, and maintain bas�c inters�ction iighting at the intersection
of Route K and West End E3oulevard.
11. City well adjust the halance of the street light�ng as necessary for construction
of the improvement and the cost thereof shall be as �ollows: Gommission will reimburse the
C+ty for the construction cost for the adjustment of the street I�ghting (except that Gghting covered
by Paragraph 10 abovel. Cdty will thereafter operate and maintain the lighting (except lighting
covered in Pa;agr�ph 10) at its cost and expense and at no co5t or expense to Commiss�on.
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The construction, insta�lat�on, and maintenance of any other or further lighting system on the
proposed improvement covered by th�s agreement shall be only in accordance with the
Comrxiission's pol�cy on highway �ighting in effect, and to the extent deemed warranted by the
Commission, at tF�e time of any such �nstallation,
12� The installat�on, operation, and maintenance of all necessary traffic control lights,
signals, signs, and devices on said improvement, including those b�tween said highway and
intersecting streets and highways shall be under the exc�usive jurisdiction and at the cost of
Commission except as hereinafter provRded. City shall not install, operate, or maintain anv traffic
control Isghts, signals, signs, or dev�ces ora said highway, or on intersecting streets and highways
at any point where they intersect this highway wwthout approval of C�ommission.
13, Gomm�ssion shall secure any necessary approvals ar permits from the Interstate
Commerce Commgssion or the Public Service Commission of Missouri required to permit the
construct�on and maintenance of said highway.
14. Sa�d port�on of state highway contemplated herein shall be a normal access highway.
15. It �s the 9ntent of th�s agreement that Commission shall provide, without cost to
. C9ty, except as otherwise provided herein, a highway for traffic in City which is recognized as
a municsp�l corpo�ration, and Comm+ssion shall so design and construct said highway as to enable
it to serve ope�rat�ng necessities and requirements of loca{ and th�-ough traffic.
16, Upon comp�et�on af the acquisition of the necessary right-of-way, Commission shall
construct said highway �n accordance w�th final detailed plans approved by the Federal Highway
AdmAn�strat�on (or as tF�ey may be changed from time to time by Commission with the approval
of the Federa� N�ghway AdrraRn�st�ration) at such time as federal and state funds are allocated
to the publ�c �mprovement in an amount suf�icient to pay for the Federal Government's and
State°s prpportionate share of construction and right-of-way costs. The obligation of the
Commission toward the actua! construction of sa�d public improvement shall be dependent upon
the completion of plans t�ieredo� in t�me to obligate federal funds for such construction, upon
approval of said plans by the Federal Nighway Adm+nistration, upon the award by the Commission
of the contract for such construction, and u�pon, the approval of such award by the Federal H�ghw�y
Adminastrat�on,
Except as �erein provided, upon completion of the public �mprovement, the
Commission w�ll rriainta�n all portions of the �mprovernent w�thin the normal right-of-way�
Maintenance by Cornrr�sss�on shalf not in any case snclude maintenance or repair of sidewalks
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whether new or used in nlace , water supply lines , sanitary or storm
sewers (except those storm sewers constructPd by Commission to drain
the hi ghway) , ci ty-o�dned uti 1 iti es tvi thi n the ri qht-of-�va,y or the
removal of snow other than the machine or chemical removal from the
traveled portion of the high;��ay .
17 . Commission 4vi11 construct draina!�e �acilities along the
improved project and may use any existing storm ar,d surface water
drainage facilities now in existence in the area , and C7tv aarees to
accept and dispose of such surface �.tater . '
18 . It is the intent of the part� es hereto that City shall
retain its police nowers with respect to the regulation of traffic
uqon the improvement contemnlated here� n . Hou�ever , City will enact ,
keep in force and enforce only such ordinances relating to traffic
movement and parking restrictions as may be aphroved by Commission and
as are not in con`lict with Federal Aid r�aulations . Commis� ian shall
not arbitrarily withhold apc�roval of reasonable traffic requlations ,
signs , and marking whic" will nermit the movement of traffic in
accordance with accepted traffic regulation �practices .
19 . No billboards or other advertising si �ns or devices , or
vending or sale of mprchandise will be permitted within the right-of-way
limits of the project as imo�oved .
20 . Since the i!�provement contempl �tec� herein is beina designed
and constructed to accommodate a maximum amount of traffic ��vith a
minimum amount of r� ght-of-wa�✓ , City shall enact and enforce such
ordinances as arQ n�cessary to nrevent narkinq ur.,�n said hiqh��ay or
any part of the area af the highwa.y right-of-ti�,�a�� w; thin the limits of
the improvement .
21 . In the ever�t that City fails , neglects or refuses to enact ,
keep in force , or enf�rce ordinances herein specified or enacts
ordinances contrary to the rrovisions herec�� , or in any other manner
fails , neglects , or refuses to �erferm an,y of t��e obligations assumed
by it under this agreement , Commission ,�a��, after � ervinq written
re�uest upon City for compliance and City ' s failure to compl,y , withhold
the expenditure of further funds for !�aintenance , improvement ,
construction , or reconstruction of the state highwa;� system in said
City .
22 . This agreement is entered into subject to the approval
of the Federal Highway Administration , and is further suhje�t to the
availability of Federal and State funds for this construction .
23. All drivewwa,y adjustments shall be made so as to nermit
the construction of five ( 5 ) foot sidewalks b.y the City in accordance
with the Commission " s standard specificatior,s for the construction
of sidewalks , without further need far drivewa,y ad,justments .
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IN WITNESS WHEREOF, the part�es hererto have caused this agreement to be executed
by their respective officers and the City executes same pursuant to Ordinance Number
, of said City, approved on the day of
,
197
Executed by City the day of , 197
Executed by Commission the day of ,
197
STATE HIGHWAY COMMISSION OF MISSOURI
ATTEST:
Chairman
Secretary
APPRQVED AS TO FORM:
Counse�
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST: (SEAL)
Mayor
City Clerk
APPROVED AS TO FORM:
C�ty Attorney
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ORDINANCE NO. f�ILL NO.
AN ORDINANCE PRESCRIBING THE GRADE ON THE
CENTERLINE OF WILLIAM STREET (ROUTE K)
IN THE CITY OF CAPE GIRARDEAU, MISSOi1RI •
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
AS FOLLOWSs
SECTION 1. It appearing that the City has not legally
establishec� grades on William Street in the City of Cape Girardeau
ar►d that the 5tate �Iighway Commission of Missouri has formally re-
quested the establishment of such grades to facilitate the execution
of a contract between the City and said Cammission being approved
concurrent�.y herewith, the grade of said centerline at the locationa
and at the elevations above mean sea level is as follows, with the
stationing prescribed being that shown on the plans prepared by the
State Highway Commission and on filed with the City Clerk herein:
Station El.evation
Location on Centerline
347+02 366.02
348-�Oa 365 .85
349��00 365.67
350;-�0 365 .27
351+00 364.77
3�>2+Q0 364.93
353+00 365 .99
354+00 366 .05
355+00 365 .81
356+00 365.31
357+00 365.00
358-;�00 365 .41
359-�-00 365.93
36G+00 366.45
361+0� 366 .q7
352+00 367 .51
363�-00 368.25
3Fi4+00 369.38
365-�-OG 37U.66
366-+-00 372 .03
3�7+00 374 .22
. 368-+-QO 3 i 6.51
369+00 380.09
37a-�00 383 .85
371+00 384 .93
• 372+00 387 .11
373�-00 391.60
374+C30 3�6. 10
375+Qt� 4�00.60
376+00 404 .31
396•+00 381 . 1�?
39'7+00 38Q.82
398+00 380.42
399+00 380.1�
400-�-00 38C1.41
1� ,
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Station Elevation
Location on Ce�terline
401+On 381.44
A02-��00 383.39
4Q3+00 386.17
404�-0� 389.9�i
405+��� 394.31 '
4GG+00 398.6�
4Q7+00 4�2 .08
�4�8-t-00 4Q4.71
409+00 407.37
410+00 409.94
411-t-00 411.60
4I2+00 412 .23
413+0� 412 .a�
414-�OU 412 .I2
�15+OQ 41.1 .98
416-t-0� 411.70
a17+Q0 �1J.94
418-+00 410.18
419�00 409.2a
41�a-�0.05 408.36
SECTION 2 . The centerline of William Street in the area
involved in this ordinance is described as;
Beginning at the northwest corner of Outlot No. 57 of
U. S . Publ.ic .>urvey 2] �9, Township 30 North, Range 13
East (presently located by a �-inch steel rod set over
a 10-inch stone) ; thence south 6� �d4 ' 2?." west a distance
of 609.82 feet ; thence north 84° 25 ' west a distance of
705.47 feet to ctation 346+69.09 on the centerline ot
William Street, which is also the beginning point of
the proposed improvement of Route K by the State High-
way Commission. From said beginning poir,t, the center-
line of William Street extends �hence south 84� 25 ' Past
a distance of 705.47 feet to Stati.on 353+74 .56; thenc�
soutli 84° 58 ' :38" east � distance of 12.94 .22 feet to
Station 366-t-68.7�; tl�ence south 83° 29 ' 18" east a
distance of 967.94 feet to Station 371-�-36 .72 ; thence
south 84° 00 ' 04" east a distance of 476.06 feet to
Station 376+12.78; thence south 84° 17 ' ?.4" east a
distance of 3445.89 feet to Station 410t58.57; thence
south 84° 13 ' 18'° east a distan�c of 901 .38 feet to
5tation 419+60.a5, saic� point b�.�ing the end of the
above-described cen:terline of William .�treet for the
purpose� of this ordinance and beix�g a sertion general-
ly described as beginning at the i.ntersectioY� with Route
61 and te�minating at the intersection c�i�11 Sprigg Street.
�ECTI�7R� 3. The c�rades herein estahlished are referred to
benchmarks as estaY�lished by a survey, as t�ollows :
A. An elevation of 366.08 teet ak�ove mean sea level on
the west end of a gas pump island situatec� 183 feet to the le�t of
Station 1127-r03 as shown on the above-�erztioned plans for Route K,
Cape Girardeau County.
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. . . .. . . Is!l11�9R!41�l�l1��� IT�I I
� . � • .
B. A benchmark established at an elevation of 382 .46
feet above mean sea level on the east curb of �un�et Boulevard
83 feet to the left of Station 371+25 on the survey for Route K,
Cape Girarc1eau County.
C. A benchmark established at an elevation of 380, 72
feet above mean sea level on top of the east curb of Henderson
Street 94 feet to the left of Station 399+86 .
D. A benchmark established at an el.evation of -408«34
feet above mean sea level on the southwest corner of a gas pump
base 44 feet to the left of Station 420+31 .
SECTTON 4. There being an immediate need for the
establishment of grades on william Street prior ta its improvement
as deacribed in the plans abave ment.ioned and in a contract to
be considered by the Council at an early date, there exiats an
emergency within the meaning of the law, and this ordinance ahall
be irt full force and effect fr.om and after its approval .
READ THREE TtMFS BEFORE THE COiJNCSL, PASSED, AND Ak�PROVED
ON THIS DAY OF , 1973 .
pn ayor
ATTEST:
City Clerk
APPROVED AS TO FORMs
C ty Attorn�y
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