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6414
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6414
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Last modified
12/6/2004 2:49:37 PM
Creation date
11/5/2014 12:23:28 PM
Metadata
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Template:
City Ordinances
Passed
2/24/2003
Ordinance Number
6414
Bill Number
8645
Introdate
1/13/2003
Description
Authorizing the City Manager to enter into an dexecute and agreement with the Missouri Highways and Transportation commission to design and rebuild the intersection of Mount Olive at Olive Blvd
Introduced By
Welsch
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(8) RIGHT-OF-WAY ACQUISITION: No acquisition of additional right'of-way. <br />is anticipated'in connection with Job No. J6P1631 or contemplated by this Agreement. <br /> <br />(9) UTILITY RELOCATION: <br /> <br /> (A) The Commission and the City shall cooperate to secure the <br />temporary or permanent removal, relocation, or adjustment of public utilities or private <br />lines, poles, wires, conduits, and pipes located on the right-of-way of existing public ways <br />as necessary for construction of the improvement and the cost shall be borne by such <br />public utilities or the owners of the facilities except where the City is by existing franchise <br />or agreement obligated to pay all or a portion of such cost, in which case the City will pay <br />its obligated portion of the cost. <br /> <br /> (B) The Commission shall secure the removal, relocation, or adjustment <br />of any public or private utilities located upon private easements and shall pay any costs <br />incurred therein. <br /> <br /> (C) It is understood and agreed by the parties to this Agreement that no <br />city-owned utility facilities will require relocation or adjustment in connection with this <br />improvement, but that should utility facilities be discovered at any time during <br />development or construction of this improvement, relocation or adjustment of the same <br />will be done and performed under a supplemental agreement covering the subject, and <br />in accordance with Commission policy then in effect on division of costs for adjustment of <br />utility facilities. <br /> <br /> (D) In cases of public utilities owned by the City which must be moved, <br />adjusted, or altered to accommodate construction of this improvement, and such city- <br />owned utilities, poles, wires, conduits, and pipes are located within the present city limits <br />and located on an existing city street, not state highway right:of-way, but being taken <br />over by the Commission as a part of its highway right-of-way, the City will perform the <br />necessary removal, adjustment, alterations and relocation, and the Commission will <br />reimburse the City except as otherwise provided. The City shall perform the removal, <br />adjustment, alterations and relocation in accordance with the detail plans, estimates of <br />costs and bills of materials prepared by the City in accordance with Federal Aid Policy <br />Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated <br />December 9, 1991 and any revision of it, and approved by the Commission's district <br />engineer, and shall perform all work and keep the records of the costs in accordance <br />with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and <br />on receipt by the Commission of the original and four copies of a bill for the actual costs <br />incurred by the City in making any such removal, adjustment, alteration and relocation, <br />the Commission shall reimburse the City for the actual cost necessitated by construction <br />of this public improvement. The Commission's obligation toward the cost of any such <br />removal, adjustment, alteration and relocation shall extend only to those costs incurred in <br />accordance with FAPG 23 CFR 645A and its revisions. <br /> <br /> (E) Should it be necessary to alter, relocate or adjust any city-owned <br /> utility facilities outside the present city limits on public right-of-way or on state highway <br /> 3 <br /> <br /> <br />
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