HomeMy WebLinkAboutCityMgrForm..553.02-17-1971 . � � � ti .
CITY OF �PE GIRARDEAU, M0.
CiTY MANAGER FORM ORDINANCE N0. 553
BiLL �TO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE
STATE HIGHWAY COMMISSION OF MISSOiJRI� UNDER WHICH SAID CONIl+�LCSSION
WILL DESIGNATE� CONSTRUCT AND MAINTAIN CERTAIN FRF��A�I�EAOF
CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF ,
T�JHICH CONSTITUTE A PART OF THE STATE HIGHWAY SYSTEM:
BE IT ORDAINED BY THE (CITY COUI�CIL) ( ���T�) OF THE
CITY OF rQpF rTR98nF�TT� ,,,,n AS FOLLOWSi
SECTION 1. There having been submitted a contract under which the State
Highway Commission of IKissouri will designate� construct� and maintain certa.in
freeway areas of certain streets lying within the city limits so long as said
streets remain a part of the State Highway System, and it appearing that the
execution of said contract wovld be to the interest of the City� the Mayor and
the City Clerk are hereby authorized and disected to execute said form of agree-
ment� a copy of which is attached hereto and made a paxt hereof.
SECTION 2. All ordinances or paxts of ordinances inconsistent herewith
are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect upon passage
and approval. Read three times, passed and approved on the 17th day of
February , �9 �1 .
�/��'7'f�-� �j L�/ v�—v—�c'—L/
Mayor —______- -- ----_.
ATTEST:
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.Qit-C.t-�c�
City Clerk
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City of Cape Girardeau
Route I-55, Cape Girardeau County
Additional Ramps at Routes 61-74
Interchange
Project FI-55-1(66)
CONTRACT
THIS AGREEMENT, made and entered into by and between the State of
Missouri, acting by and through the State Highway Commission of Missouri, 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:
1. The public improvement, designated as Route I-55, Cape Girardeau County,
Missouri, Additional Ramps at Route 61 and Route 74 Interchange, Project FI-55-1(66),
contemplated by this agreement, shall consist of acquisition of any needed right-of-way
by others than the parties hereto, grading, constructing and surfacing with high type
pavement 18 feet in width of a ramp to run from the southbound lane at the existing
cross-over on Route 61 northwesterly to the northbound lane of Route I-55, relocation
of the connection of Silver Springs Road to Route 61, drainage facilities, utility adjustment,
incidental work necessary to complete the improvement, and maintenance, of a portion
of state highway within the City of Cape Girardeaue
2, The improvement within City is located as follows:
Beginning at Station 0+00 Northeast Ramp = Station
1263+16.4 Existing Southbound Lane U.S. Route 61, said point
being opposite of existing cross-over between Northbound L,ane
and Southbound Lane of U.S. Route 61, Thence North 61° 55'
West, 489.11 ft. to P.C. Station 4+89a11, thence along the arc
of a curve to the right having a radius of 955.336 ft., a distance
of 550.89 ft. to Station 10+40 where centerline crosses the West
City Limit Line of the City of Cape Girardeau. Said line also
is the East right-of-way line of Interstate Route I-55.
The length of the improvement within City is 0.197 Mile.
This agreement shall apply only to the portion of the improvement lying within
the city limits as they exist on the date on which this contract is executed by City.
3. The general location of the public improvement contemplated herein is shown
on 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.
4� 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 improvements. City shall
duly close and vacate all city streets or roads, or parts thereof, which may be necessary
to permit the construction of the projects in accordance with the detailed plans. Whenever
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.
Effective upon completion of construction, Commission will relinquish to City
and City will accept control and maintenance of the portion of Silver Springs Road lying
outside the normal right-of-way of Route 61 and as said Road is relocated by this
improvement, and City shall thereafter keep, control, and maintain the same as, and for
all purposes, a part of its city street system at no expense to Commission.
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 improvements. City shall
duly close and vacate all city streets or roads, or parts thereof, which may be necessary
to permit the construction of the projects in accordance with the detailed plans. Whenever
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, City shall secure the enactment of such ordinances as are necessary to legally
establish grades and changes in grades of streets necessary for the construction of said
improvement and street connections therewith and shall indemnify and save Commission
harmless from any damages or claims for damages as a result of such grade changes or
establishment of grade.
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7� Upon approval of all agreements, plans and speci�cations by Commission and
the Federal Highway Administration, Commission will file copies of said plans in the of�ces
of the City Clerk of City and the County Clerk of aforesaid County, and after conveyance
to Commission of the necessary right-of-way will proceed with construction of the
improvement as funds are available and allocated therefor.
8. 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 the
construction of that part of the improvement to be constructed 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.
9. Commission shall secure the removal, relocation or adjustment of any public
or private utilities located upon private easements and shall pay any costs incuned therein.
10. It is understood and agreed by and between the parties hereto that no city-owned
utility facilities will require relocation or adjustment in connection with this improvement,
but that should utility facilities be discovered at any time during development or
construction of this improvement, relocation or adjustment of the same will be done and
performed pursuant to supplemental agreement covering the subject, and in accordance
with Commission policy then in effect on division of costs for adjustment of utility
facilitieso
11. 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 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 been obtained from the Commission's District Engineer or his
authorized representative. City shall enact ordinances necessary to assure compliance with
this paragraph.
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12, The construction, installation, and maintenance by Commission of any 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 at the time of any such
installation and only to the extent the Commission then deems wananted. No street
lighting system shall be installed or maintained by or for City on the improvement without
approval of Commission.
13, The installation, operation,and maintenance of all necessary traffic control lights,
signals; signs, and devices on said improvement, including those between said highway
and intersecting streets and highways shall be under the exclusive jurisdiction and at the
cost of Commission, City shall not install, operate, or maintain any traffic control lights,
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.
14. 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.
15. Said portion of state highway contemplated herein shall be a fully-limited access
highway and rights of access between said highway and abutting property shall be procured
and the cost thereof classified as right-of-way cost and paid for in the same manner as
provided herein for the payment of other right-of-way costs. Only such rights of ingress
and egress shall be allowed as indicated on the plans approved by the Commission and
the Federal Highway Administration.
16e 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.
17. Upon completion of the acquisition of the necessary right-of-way, 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
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the Federal Government's and State's proportionate share of construction and right-of-way
costs. 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 by the Commission of the contract for such construction,
and upon the approval of such award by the Federal Highway Administration.
18. 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 tYie right-of-way or the removal of snow other than the machine or chemical removal
from the traveled portion of the highway.
19. 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.
20. It is the intent of the parties hereto that City sha11 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 restrictions as may be approved by Commission and as are not
in conflict with Federal Aid regulations. Commission sha11 not arbitrarily withhold approval
of reasonable traffic regulation practices.
21 e 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 as improved
and City will enact such ordinances as are necessary to enforce this paragraph.
22. 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.
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23. 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.
24a 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.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officers and the City executes same pursuant to Ordinance
Number 553 , of said City, approved on the 17th day of
FAh,-„ar3� , 1971_.
Executed by City the day of ,
197
Executed by Commission the day of ,
197
STATE HIGHWAY COMMISSION OF MISSOURI
ATTEST: (SEAL)
By
Director of Highways
Secretary
APPROVED AS TO FORM:
Counsel
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST: (CITY)
SEAL)
� By �Z��'7C� � �r�tJ'
��
City Cler
APPROVED AS TO FORM:
City Attorney
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. : � ��' �_ , EXHIBIT A
� ����� CONTRACT BETWEEN
� � T HIGHWAY COti-1MISSION OF MISSUUF�t
. < I STA E
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, � CITY OF •CAPE GIRARDEAU MISSOURI
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� '"' 74 T�=-� � ' . .PROJECT FI-55-I(66) ROUTE I- SS
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� " CAPE GIRAR�EAU CQUNTY