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6414
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2003
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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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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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(14) MAINTENANCE: <br /> <br /> (A) Except as provided in this Agreement, upon completion of the public <br />improvement, the Commission will maintain all portions of the improvement within the <br />Commission owned right-of-way. Maintenance by the Commission shall not in any case <br />include maintenance or repair of sidewalks whether new or used in place, water supply <br />lines, sanitary or storm sewers (except those storm sewers constructed by the <br />Commission to drain the highway), city-owned utilities within the right-of-way or the <br />removal of snow other than the machine or chemical removal from the traveled portion of <br />the highway. <br /> <br /> (B) The City shall inspect and maintain the sidewalks constructed by <br />this prOject in a condition reasonably safe to the public and, to the extent allowed by law, <br />shall indemnify and hold the Commission harmless from any claims arising from the <br />construction and maintenance of said sidewalks. <br /> <br /> (15) POLICE POWERS: It is the intent of the parties to this Agreement that the <br /> City shall retain its police powers with respect to the regulation of traffic upon the <br /> improvement contemplated. However, the City will enact, keep 'in force, and enforce <br /> only such ordinances relating to traffic movement and parking reStrictions as may be <br /> approved by the Commission and as are not in conflict with any regulations for federal <br /> aid. The Commission shall not arbitrarily withhold approval of reasonable traffic <br /> regulations, signs, and markings which will permit the movement of traffic in accordance <br /> with accepted traffic regulation practices. <br /> <br /> (16) OUTDOOR ADVERTISING: No billboards or other advertising signs or <br /> devices or vending or sale of merchandise will be permitted within the right-of-way limits <br /> of the project and the City shall take whatever actions that are necessary to enforce this <br /> paragraph. <br /> <br /> (17) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or <br /> refuses to enact, keep in force or enforce ordinances specified or enacts ordinances <br /> contrary to the provisions in this Agreement, or in any other manner fails, neglects or <br /> refuses to perform any of the obligations assumed by it under this Agreement, the <br /> Commission may, after serving written request upon the City for compliance and the <br /> City's failure to comply, withhold the expenditure of further funds for maintenance, <br /> improvement, construction, or reconstruction of the state highway system in the City. <br /> (18) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into <br /> subject to approval by the Federal Highway Administration, and is further subject to the <br /> availability of federal and state funds for this construction. <br /> <br /> (19) AMENDMENTS: Any change in this Agreement, whether by modification <br /> or supplementation, must be accomplished by a formal contract amendment signed and <br /> approved on or between the duly authorized representatives of the City and <br /> Commission.' <br /> <br /> <br />
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