I-135 Guard Fence ter ,
Agreement No. 17-71
A G R E E M E N T . .
•
KANSAS INTERSTATE ROUTE NO. 35W .
PROJECT NO. 35W-85 1 35W-1 (-)
CITY OF SALINA, KANSAS
This agreement, made and entered into this :2‘ day of
19` t , by and between the City of Salina, Kansas, hereinafter referred to as the
City and the State Highway Commission of Kansas, hereinafter referred to as the
Commission.
R E C I T A L S:
WHEREAS, The State Highway Commission of Kansas and the said City are. em-
powered by the Laws of Kansas to enter into agreements for the construction and
maintenance of city connecting links of the State Highway System through said
City, and .
WHEREAS, under the terms of the Federal Aid Highway Act and the rules and
regulations of the Federal Highway Administration, states and cities are under
certain circumstances, entitled to receive assistance in the financing of the
construction and reconstruction of streets and highways, provided; however, that
in order to be eligible for such federal aid; such work is- required to be done
in accordance with the laws of the State and .under the direct supervision of
the State Highway Commission of such State, and
WHEREAS, the said City does hereby request the Commission to take such steps
as are necessary or by it deemed advisable for the purpose of securing approval
by the Federal Highway Administration of a project. for the. improvement of a con-
necting link of the State Highway System in said City, and is described as follows: •
Beginning at the city limit on 1-35W Highway at the westerly
right of way line of the Missouri Pacific Railroad; thence
northwest on I-35W Highway to the city limit at the- west line
of Centennial Road.
Total length of project 0.371 mile.
NOW, THEREFORE, in consideration of the premises and to secure the approval
and construction of the said project, the parties hereto mutually agree as fol-
lows: . .
1 . That the said project when submitted and approved shall be undertaken,
prosecuted and completed for and on behalf of the said City by the Commission
acting in all things as its agent and said City hereby constitutes and appoints
i .
No. 17-71
said Commission its agent, and all acts, proceedings, matters and things here-
inafter done by the Commission in connection therewith are hereby by said City
authorized, adopted, ratified and confirmed to the same extent and with the
same effect as though done directly by the said City acting in its own indi-
vidual corporate capacity instead of by its agent. The plans, for said project,
when approved by the City, the State Highway Engineer and the Federal Highway
Administration, are by reference made ,a part of this agreement. .
2. It is mutually agreed that the project will be constructed within the
limits of the existing rights of way.
3. The City agrees that it will move or adjust, or cause to be moved or
adjusted, and will be responsible for such removal or adjustment of all existing .
structures, pole lines, pipe Iines, meters, manholes, other utilities, publicly
or privately owned, which may be necessary to the construction of the project in
accordance-with the approved plans. The expense of said removal or adjustment
of said utilities located on public right of way shall be borne by the owners '
except municipally owned utilities. The Commission agrees that upon the sub
mission by the City of a complete itemized billing of incurred costs to adjust
municipally owned utilities, it will reimburse the City an amount equal to one
hundred (100) percent of the approved items of cost for relocating or adjusting
municipally owned utility facilities but only to the extent of providing facil-
ities of equal service to those to be relocated or adjusted. Payment procedures
for reimbursement for utility works would be made in accordance with the Federal
Highway Administration' s Policy and Procedure Memorandum 30-4 issued :February
14, 1969.
4. It is agreed that all construction items included in the approved plans
shall be paid for with federal or state funds or a combination of federal and
state funds.
5. The Commission agrees to supervise .the construction of the project, as
required by the Federal Highway Administration, to negotiate with and report to
the Federal Highway Administration and administer the payments due the contractor.
6. The Commission. and the said City, have in. the past entered into an agree-.
ment covering routine maintenance of said city connecting link and it is the in-
tention of the Commission and the said City that said agreement for routine main-
tenance shall remain in full force and effect and the mileage set out thereon be
not affected by this agreement.
7
7. The City agrees that it will require the removal of all encroachments
from the limits of the right of way shown on the plans for this project; that it
will require all right of way provided for said project to be used solely for
public highway purposes and no signs, posters, billboards, roadside stands, fences, '
structures or other private installations shall be permitted within the right of
way limits except as provided by state laws.
8. The City agrees to maintain control of access rights and to prohibit the
construction or use of any entrance or access points along the project other than .
those shown on the approved plans.
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No., 17-71
A
9. The City agrees to prohibit parking of vehicles on the city connecting
link and on the acceleration and deceleration lanes of all connecting streets
and highways and on additional portions of the connecting streets and highways
that the Commission may deem necessary to permit free flowing traffic within
the interchange' area throughout the length of the improvement covered by this
agreement.
10. The City agrees that the freeway characteristics inherent in the proj-
ect require uniformity in information and regulations to the end that traffic
may safely and expeditiously be served and shall adopt and enforce such rules
and regulations governing traffic movements as may be deemed necessary or de-
sirable by the Commission and. the Federal Highway Administration.
11 . The location, form and character of informational , regulatory and warn-
ing signs, of traffic signals and of curb and pavement or other markings installed
or placed by any public authority, or other agency shall be subject to the approval
of the Commission with the concurrence of the Federal Highway Administration and
shall not be installed prior to such approval .
•
12. The City agrees to adopt the necessary ordinances and to take such legal
steps as may be required to enforce such ordinances to give full effect to the
terms of this agreement.
13. It is further understood that this agreement and all contracts entered
into under the provisions of this agreement shall be binding upon the Commission
and the City and their successors in office..
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by their duly authorized officers on the day and year first above written.
ATTEST: THE CITY OF SALINA, KANSAS
•
AdGYnuYm^ /
CITY CLERK MAY Ft
ATTEST: y THE STATE HIGHWAY COMMISSION OF KANSAS
SECRETARY Assisi-ANT sum HIC.I • DIRECTOR
FORM
APPROV
Lazar Dot
s.KC
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AN ORDINANCE RELATING TO BENEFITS
OBTAINABLE BY CITIES UNDER THE PROGRAM
FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION
Be it Ordained by the Governing Body of the City of Salina
1. That the Mayor and City Clerk are authorized and directed to
execute for and on behalf of the City of Salina
Agreement No. 17-71 between/the. City and the State Highway Commission
of Kansas, giving the State Highway Commission of Kansas authority to act
for the City, and in its place"and stead, to obtain for the City such
benefits as are obtainable under the program of the Federal and State Aid
Plan of Highway Construction, and obtain the benefits of such legislation
for the City on the terms and conditions set forth in such agreement as
may be prepared and approved by the State Highway Commission for the
improvement of connecting link of the State Highway System beginning at the
(project description)
city limit on I-35W Highway at the westerly right of way line of the Missouri
Pacific Railroad; thence northwest on I-35W highway to the city limit at the west
line of Centennial Road°
designated as a city connecting link on the State Highway System and
known as Project No. 35W-85 135W-1 (-)
2. This ordinance shall take effect and be in force from and after
its publication in the official city paper.
Passed by the ( p6bl) (Commission) this day of , 19
(Approved) (Signed) , Mayor
(SEAL)
ATTEST:
City Clerk
•
35W-85. I 35W-1 (-) April! 15, 1971
City.of Salina
Saline County
Mr. H. 0. Olson
• City Manager .
City Hall
300 W. Ash.
Salina, Kansas 67401
Dear Mr. Olson:
The Highway Commission Is preparing • a = •r he impro t of. 1-35W highway
in the City of Salina, Kansas. , The i • ov., ent i c udes the I = lation of new
guard fence In accordance with the lates d= : ign .t:ndards. We e sending you here-
with a title sheet and. a plan and profile •he- in. cating the scope of the project..
These sheets are preliminary plans'and date. Apr 14; 1971. Completed plans-will
a be furnished you'when they a ava ble.
•
We are aiso•sending o in tripll t the a,re= -nt form covering the responsi-
bilities'of.the City and th State High ay Commis on in connection with the proposed
• Interstate funded projec If the prop seed agreement is satisfactory, two copies
should,be th p t of the t and returned to. this office for our fur-
•
.;they handiin wi - •he Hi w Come; o r The third copy.may be retained In your
, `files for r-f .erica pending ecer t of our fully executed copy.
in .co n-ction with executing the.agreement, the City will no doubt find it nec
essary to , as:"ean enabli •- •rdinance authorizing the Mayor and the City Clerk to
• execute th= a• eement. o your convenience, we are enclosing one copy of a typical
;-.ordinance fr - e. •y cities on similar projects. We should be--furnished
either a certi -d co• or proof of publjcation .of such ordinance as the City sees
fit to adopt In order to complete our files for the project.
in the event that any questions should arise In connection with the agreement
or the plans, please feel free to call upon our office.
• Very truly yours,•r W. H. Ogan, P. E.
Engineer of. Urban Highways
•
•
K. V. Spear, P. E.
KVS:ka Assistant Engineer of Urban Highways '
Enclosure.
cc: Mr. D. L. Harrison, City Clerk.-
Mr: Robert A. Kent, State Highway Commissioner
Mr. R. W. Wail , Division Engineer
; ROBERT B. DOCKING, Governor R uERTa.Kansas HAGEN
01.1 x0442 BOB KENO
State Highway Commission of Kansas 51p,. Sal ins,Kansas
HENRY Snsas LER
Hays,Kansas
JOHN D. MONTGOMERY, Director of Highways KARL A.BRUECK
Paola,Kansas
R. L. PEYTON, Assistant State Highway Director GALE MOSS
JOHN D. McNEAL, State Highway Engineer El Dorado,Kansas
LOUIS tP5 DER
Garden Cal?.Kansas
STATE OPPIQE BUILDING
TOPEKA, KANSAS 66612
35W-85 1 35W-1 (-) April 15, 1971
City of Salina
Saline County
Mr. N. D. Olson
City Manager
City Hall
300 W. Ash
Salina, Kansas 67401
Dear Mr. Olson:
The Highway Commission is preparing plans for the improvement of I-35W highway
in the City of Salina,. Kansas. The improvement includes the installation of new
guard fence in accordance with the latest design standards. Weiare sending you here-
with a title sheet and a plan and profile sheet indicating the scope of the project.
These sheets are preliminary plans and dated April 14, 1971 . Completed plans will
• be furnished you when they become available.
We are also sending you in triplicate the agreement form covering the responsi-
bilities of the City and the State Highway Commission in connection with the proposed
Interstate funded project. If the proposed agreement is satisfactory, two copies
should be executed on the part of the City and returned to this office for our fur-
: ther handling with the Highway Commission. The third copy may be retained in your
files for reference pending receipt of your fully executed copy.
In connection with executing the agreement, the City will no doubt find it nec-
essary to pass an enabling ordinance authorizing the Mayor and the City Clerk to
execute the agreement. For your convenience, we are enclosing one copy of a typical
ordinance frequently used by cities on similar projects. We should be furnished
either a certified copy or proof of publication of such ordinance as the City sees
fit to adopt in order to complete our files for the project.
in the event that any questions should arise in connection with the agreement
or the plans, please feel free to call upon our office.
Very truly yours,
W. H. Ogan, P. E.
Engineer of Urban Highways
•
•
K. V. Spear, P. E.
KVS:ka Assistant Engineer of Urban Highways
Enclosure
cc: Mr. D. L. Harrison, City Clerk
Mr. Robert A. Kent, State Highway Commissioner
Mr. R. W. Wall , Division Engineer
•
AN ORDINANCE RELATING TO BENEFITS
OBTAINABLE BY CITIES UNDER THE PROGRAM
FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION
Be it Ordained by the Governing Body of the City of Salina ••
1. That the Mayor and City Clerk are authorized and directed to
execute for and on behalf of the City of Salina
Agreement No. 17-71 between the City and the State Highway Commission
of Kansas, giving the State Highway Commission of Kansas authority to act
for the City, and in its place and stead, to obtain for the City such
benefits as are obtainable under the program of the Federal and State Aid
Plan of Highway Construction, and obtain the benefits of such legislation
for the City on the terms and conditions set forth in such agreement as
may be prepared and approved by the State Highway Commission for the
improvement of connectin. link of the State Hiahwa S s em be.' „ ' ,o e
project description
city limit on 1-35W Highway at the westerly right of way line of the Missouri
Pacific Railroad; thence northwest on 1-35W highway to the city limit at the west
line of Centennial Road
designated as a city connecting link on the State Highway System and
known as Project No. 35W-85 135W-1 (-)
2. This ordinance shall take effect and be in force from and after
its publication in the official city paper.
Passed by the (XQSttttc4>1)) (Commission) this day of , 19
(Approved) (Signed) , Mayor
(SEAL)
ATTEST:
City Clerk
Agreement No. 17-71
A G R E E M E N T
•
KANSAS INTERSTATE ROUTE NO. 35W
PROJECT NO. 35W-85 1 35W-1 (-)
CITY OF SALINA, KANSAS
This agreement, made and entered into this day of
19 , by and between the City of Salina, Kansas, hereinafter referred to as the
City and the State Highway Commission of Kansas, hereinafter referred to as the
Commission.
R E C I T A L S:
WHEREAS, The State Highway Commission of Kansas and the said City are em-
powered by the Laws of Kansas to enter into agreements for the construction and
maintenance of city connecting links of the State Highway System through said
City, and
WHEREAS, under the terms of the Federal Aid Highway Act and the rules and
regulations of the Federal Highway Administration, states and cities are under
certain circumstances, entitled to receive assistance in the financing of the
construction and reconstruction of streets and highways, provided; however, that
in order to be eligible for such federal aid, such work is required to be done
in accordance with the laws of the State and under the direct supervision of
the State Highway Commission of such State, and
WHEREAS, the said City does hereby request the Commission to take such steps
as are necessary or by it deemed advisable for the purpose of securing approval
by the Federal Highway Administration of a project for the improvement of a con-
necting link of the State Highway System in said City, and is described as follows:
Beginning at the city limit on 1-35W Highway at the westerly
right of way line of the Missouri Pacific Railroad; thence
northwest on 1-35W Highway to the city limit at the west line
of Centennial Road.
Total length of project 0.371 mile.
NOW, THEREFORE, in consideration of the premises and to secure the approval
and construction of the said project, the parties hereto mutually agree as fol-
lows:
1 . That the said project when submitted and approved shall be undertaken,
prosecuted and completed for and on behalf of the said City by the Commission
acting in all things as its agent and said City hereby constitutes and appoints
' i
No. 17-71.
said Commission its agent, and all acts, proceedings, matters and things here-
inafter done by the Commission in connection therewith are hereby by said City
authorized, adopted, ratified and confirmed to the same extent and with the
same effect as though done directly by the said City acting in its own indi-
vidual corporate capacity instead of by its agent. The plans for said project,
when approved by the City, the State Highway Engineer and the Federal Highway
Administration, are by reference made a part of this agreement.
2. It is mutually agreed that the project will be constructed within the
limits of the existing rights of way.
3. The City agrees that it will move or adjust, or cause to be moved or
adjusted, and will be responsible for such removal or adjustment of all existing
structures, pole lines, pipe lines, meters, manholes, other utilities, publicly
or privately owned, which may be necessary to the construction of the project in
accordance with the approved plans. The expense of said removal or adjustment
of said utilities located on public right of way shall be, borne by the owners
except municipally owned utilities. The Commission agrees that upon the sub-
mission by the City of a complete itemized billing of incurred costs to adjust
municipally owned utilities, it will reimburse the City an amount equal to one
hundred (100) percent of the approved items of cost for relocating or adjusting
municipally owned utility facilities but only to the extent of providing facil-
ities of equal service to those to be relocated or adjusted. Payment procedures
for reimbursement for utility works would be made in accordance with the Federal
Highway Administration' s Policy and Procedure Memorandum 30-4 issued February
14, 1969.
4. It is agreed that all construction items included in the approved plans
shall be paid for with federal or state funds or a combination of federal and
state funds.
5. The Commission agrees to supervise the construction of the project, as
required by the Federal Highway Administration, to negotiate with and report to
the Federal Highway Administration and administer the payments due the contractor.
6. The Commission and the said City have in the past entered into an agree-
ment covering routine maintenance of said city connecting link and it is the in-
tention of the Commission and the said City that said agreement for routine main-
tenance shall remain in full force and effect and the mileage set out thereon be
not affected by this agreement.
7. The City agrees that it will require the removal of all encroachments
from the limits of the right of way shown on the plans for this project; that it
will require all right of way provided for said project to be used solely for
public highway purposes and no signs, posters, billboards, roadside stands, fences,
structures or other private installations shall be permitted within the right of
way limits except as provided by state laws.
8. The City agrees to maintain control of access rights and to prohibit the
construction or use of any entrance or access points along the project other than
those shown on the approved plans.
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No. 17-71
9. The City agrees to prohibit parking of vehicles on the city connecting.
link and on the acceleration and deceleration lanes of all connecting streets
and highways and on additional portions of the connecting streets and highways
that the Commission may deem necessary to permit free flowing traffic within
the interchange area throughout the length of the improvement covered by this
agreement. -
10. The City agrees that the freeway characteristics inherent in the proj-
ect require uniformity in information and regulations to the end that traffic
may safely and expeditiously be served and shall adopt and enforce such rules
and regulations governing traffic movements as may be deemed necessary or de-
sirable by the Commission and the Federal Highway Administration.
11 . The location, form and character of informational , regulatory and warn-
ing signs, of traffic signals and of curb and pavement or other markings installed
or placed by any public authority, or other agency shall be subject to the approval
of the Commission with the concurrence of the Federal Highway Administration and
shall not be installed prior to such approval .
12. The City agrees to adopt the necessary ordinances and to take such legal
steps as may be required to enforce such ordinances to give full effect to the
terms of this agreement.
13. It is further understood that this agreement and all contracts entered
into under the provisions of this agreement shall be binding upon the Commission
and the City and their successors in office.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by their duly authorized officers on the day and year first above written.
ATTEST: THE CITY OF SALINA, KANSAS
CITY CLERK MAYOR
ATTEST: THE STATE HIGHWAY COMMISSION OF KANSAS
SECRETARY
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•
•
WIzazj Y thandwut{z ik155té�zst and 2/kit
D.L.HARRISON } CITY CLERK'S OFFICE
\
M.E.ABBOTT AREA CODE 913 820-9653
CITY-COUNTY BUILDING
300 WEST ASH STREET
P.O. BOX 746
SALINA, KANSAS 67401
May 4, 1971
•
Mr. W. H. Ogan, P. E.
Engineer of Urban Highways
State Highway Commission of Kansas
State Office Building
Topeka, Kansas 66612
Dear Mr. Ogan:
I am enclosing two copies of the Agreement between the
State Highway Commission and the City of Salina, for
the proposed reconstruction of guard rail on 1-35W,
and two affidavits of publication of Ordinance Number
8156, authorizing the Mayor and City Clerk to execute,
on behalf of the City of Salina, Agreement Number 17-71 .
Very truly yours ,
D. L. Harrison
City Clerk
DLH/jbs
enclosures
MEMSER KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
ROBERT B. DOCKING, Governor ROBERT P. HAGEN
el ON:, Lawrence,Kansas
\ret- BOB KENT
Ao..
State Highway Commission of Kansas " n; Salina. Kansas
HENRY Kansas LER
�' ! ,r'
Hays.Kansas
JOHN D. MONTGOMERY, Director of Highways ��I�'�� KARL ala,KBROECK
R. L. PEYTON, Assistant State Highway Director GALE MOSS
El Dorado,Kansas
JOHN D. McNEAL, State Highway Engineer LOUIS KA M Ka
R
Garden City, Kansas
STATE OFFICE BUILDING
TOPEKA, KANSAS 66612
May 10, 1971
Agreement No. 17-71
Kansas Interstate Route No. 35W
35W-85 1 35W-1 (-)
City of Salina
Saline County
Mr, D. L. Harrison
City Clerk
City-County Building
300 West Ash Street
Salina, Kansas 67401
Dear Mr. Harrison:
We are enclosing herewith your fully executed copy of the
agreement for the above numbered project. Additional copies of
this agreement will be furnished if requested within two weeks of
this date. After that period all extra copies will be destroyed.
Very truly yours,
GYr✓
W. H. Ogan, P. E.
Engineer of Urban Highways
WHO :mj
Enclosure
CONS OU Cn1 eo-CALINA
AFFidavit of Publication
Following is a true and correct copy of O.di..at.ce Number 8156
together with proof of publication of the same.
AFFIDAVIT
I, Fred Vanacgrtft
being first duly sworn according to law declare that I am
the Rue Lemon ' (First published•
in The;Salina Journal,'
. ;..0,April 30,19711
' Ordinance No.0156 ' '#
Art.ordinance relating to benefits.ob'
J
manager of the Salina Journal tainable 1:T-cities under the progra m'for
federal and state aid on highway con-
on y�
•
a newspaper published in the City of Salina, Saline ae isaraai�ed by"the Kansas:
ng Body;
of the C n,'11.$a at Kansas:
Sr arej1. That d the Mayor an to e:
Clerk are'authorieha and directed to axe:
• 'cgtegf raiiii on behalf of the b tweent 1i
County, Kansas, and of a general circulation in said city. City aneein i Number way between the'
,City ensa�haJ State Highway State Comighway
' bf'Kansas;�giving the State Highway
PEamra rajilpf Kansas authority to act;
and continually and uninterruptedly published for more -obtaie.C.1 y City in its place and sfeadot"o ,. •
obta n for the C ty such benef its as are_ob
than one year prior to the date of the attached og
Y P fa melt ,Nader the tai? o m of the Feder-
al action at'Aodpalan.eF Highway1�Con- \
struct tionf dC6ta n the benef ei ofTibch
legislation fo—tT,ifie',Cify on iherieem_]�and i
8156 coay bens5et forth in such agreement as
may be areparcd and approved he-.im
S1aternighway.Cecting ionTar.the.im- ,
• provemeM of connecting link&ifletState'•
and that said Oadtnance Highway yistem beginninglat tha•city
limit on 1-35W at the westerly rjghf-of-
way line ofrine Missouri;_P•acitiwRail-
was correctly published of the date of road;tLenpe.narthwesean 1:35 highway to
y p the dtyyyaImet at the west Ii of Eentem '
nial Road'designated as a city fyccannecting
link onithe State umbery]System and
-I 1' and fu ther I say. ot• known as Project Number 35W 8511 35W-1
Section 2:This ore nanc shall to eb
fact and be in force from and s. plits
publication in the official city news ape..
- / /, /_ �./ Intrpduced Aprl19419)lr .0
_ II _ Passed April 76,19]l
ROBE RTC CALDWELLJYU'°
Mayer
14-0..)6 44
•
` , 1 'r ' D.LClerk SON ,
•l` '.'i1 :, City Clerk •? •-----
'' ' r.4T-..; y-•'. . : (SEAL) ', 1 , rt 6111
n
`'Subscrib4 '•a sworn to before me
µ'•;•ms A�
:y •T Q l apt =tea' _
•
S X,�Y N T f • « , 19_14___
/ % Lt. •
Notary Public
I
My Commission expires July 31 , 1973
1
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I
ii1,
1
ORDINANCE NUMBER 8156
(Published in The Salina Journal , 1971 )
AN ORDINANCE RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR
FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1 . That the Mayor and City Clerk are authorized and directed to
execute for and on behalf of the City of Salina, Agreement Number 17-71 between the •
City and the State Highway Commission of Kansas, giving the State Highway Commission
of Kansas authority to act for the City, and in its place and stead, to obtain for �.
the City such benefits as are obtainable under the program of the Federal and State
Aid Plan of Highway Construction, and obtain the benefits of such legislation for
the City on the terms and conditions set forth in such agreement as may be prepared
and approved by the State Highway Commission for the improvement of connecting link
of the State Highway System beginning at the city limit on 1 -35W at the westerly
right-of-way line of the Missouri Pacific Railroad; thence northwest on 1-35 highway
to the city limit at the west line of Centennial Road designated as a city connecting
link on the State Highway System and known as Project Number 35W-85 1 35W-1 (-) .
Section 2. This ordinance shall take effect and be in force from and after
its publication in the official city newspaper.
Introduced: April 19, 1971
Passed: April 26, 1971
Mayor•
(SEAL)
Attest:
_
City Clerk