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6757
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Last modified
8/19/2009 10:10:25 AM
Creation date
11/5/2014 12:25:45 PM
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City Ordinances
Passed
10/6/2008
Ordinance Number
6757
Bill Number
9007
Introdate
9/22/2008
Description
Pre-emption of traffic signal for emergency vehicles
Introduced By
Mr. Sharpe, Jr.
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<br />may designate by written notice other persons having the authority to act on behalf <br />of the Commission in furtherance of the performance of this Agreement. <br /> <br />(18) SEVERABILITY: If any clause or provision of this Agreement is found <br />to be void or unenforceable by a court or agency of proper jurisdiction, then the <br />remaining provisions not void or unenforceable shall remain in full force and effect. <br /> <br />(19) NON-LIABILITY OF COMMISSION PERSONNEL: Neither the <br />commissioners, nor any other officer, official, employee, assign, or agent of the <br />Commission or Missouri Department of Transportation shall be personally <br />responsible for any liability arising under or growing out of this Agreement. <br /> <br />(20) NO ADVERSE INFERENCE: This Agreement shall not be construed <br />more strongly against one party or the other. The parties to this Agreement had <br />equal access to, input with respect to, and influence over the provisions of this <br />Agreement. Accordingly, no rule of construction which requires that any allegedly <br />ambiguous provision be interpreted more strongly against one party than the other <br />shall be used in interpreting this Agreement. It is agreed that more than one copy of <br />this document may be executed and that the original filed with the Secretary to the <br />Missouri Highways and Transportation Commission shall be deemed to be the <br />controlling original. <br /> <br />(21) ENTIRE AGREEMENT: This Agreement represents the entire <br />understanding between the parties regarding this subject and supersedes all prior <br />written or oral communications between the parties regarding this subject. <br /> <br />(22) AUTHORITY TO EXECUTE: The signers of this Agreement warrant <br />that they are acting officially and properly on behalf of their respective institutions <br />and have been duly authorized, directed and empowered to execute this Agreement. <br /> <br />(25) DURATION OF AGREEMENT: This Agreement shall be for a period <br />of continuing duration or for the period of time the Commission owns the traffic <br />signals identified in paragraph 2, above. The Commission shall not be obligated to <br />maintain ownership or operation of the traffic signals solely for the benefit of the City. <br /> <br />(26) NO INTEREST: By constructing, operating, and maintaining the pre- <br />emption system on Commission right of way, the City gains no property interest in <br />the traffic signals on Commission right of way whatsoever. The Commission shall <br />not be obligated to keep the traffic signals in place if the Commission, in its sole <br />discretion, determines removal or modification of the traffic signals is in the best <br />interests of the state highway system or the Commission. <br /> <br />5 <br />
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