Loading...
i-35 guard fence agreement 1971ROBERT B. DOCKING, Governor �u `w State highway Commission of Kansas JOHN D. MONTGOMERY, Director of Highways KANSAS R. L. PEYTON, Assistant State Highway Director JOHN D. McNEAL, State Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 May 10, 1971 Agreement No. 17-71 Kansas Interstate Route No. 35W 35W-85 135W-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: ROBERT P. HAGEN Lawrence. Kansas BOB KENT Salina. Kansas HENRY SCHWALLER Hays, K. KARL A. BRUECK Paola, Kahan GALE MOSS El Dorado, Kansas LOUIS KAMPSCHROEDER Garden City, Kaneae 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, W. H.`Ogan, P. E. Engineer of Urban Highways WHO:mj Enclosure O. L. HARRISON M. E. ABBOTT 2(1/zsze/Irortlz CITY -COUNTY BUILDING 300 WEST ASH STREET P.O. BOX 746 SALINA. KANSAS 67401 May 4, 1971 and wr-3t CITY CLERK'S OFFICE AREA CODE 913 627-9653 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 MEMBER .. KANSAS LEAGUE'OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES coxsouo6reo.rAuxw Affidavit of Publication Following is a true and correct copy of_0rcU4an_a_N,,mhes 81 %6 together with proof of publication of the same. AFFIDAVIT 1,—RVAA `:anile Let being first duly sworn according to law declare that I am (First published In The Salina Journal, April 30, 1971) Ordinance No. 8156 the Rne{n".g An ordinance relating to benefits ob, ' tainable by cities under the program for federal'and state aid on highway con. StfVChon. manager of the $RI dna Tnuxnal 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 eze, a newspaper published in the City of Salina, Saline cute for and on behalf of the City of San t no, Agreement Number 17-71 between the City and the State Highway Commissior County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached - 01 94 ttached8156 and that said @rdirance was correctly published of the date of_ e 1921/ , and f ther I sa ot. 9)t&rihM,' ad•'sworn to before 0 154f, •'�'�= J -/ , 19.11_ 4r...... Notary Notary Public by h I My Commission expir—JuIy 31x10714 Highway Commission Copy Return to Ogan Topeka, Kansas A G R E E M E N T KANSAS INTERSTATE ROUTE NO. 35W PROJECT NO. 35W-$5 1 35W-1 H CITY OF SALINA, KANSAS Agreement No. 17-71 This agreement, made and entered into this Q( day of K 19_2L, by and between the City of Salina, Kansas, hereinafter refe red 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 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 construction or use of any entrance or,access those shown on the approved plans. - 2 - of access rights and to prohibit the points along the project other than 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. i 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: ATTEST: THE CITY OF SALINA, KANSAS CITY CLERK MAYOR i SECRETARY - 3 - THE STATE HIGHWAY COMMISSION OF KANSAS 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 M CITY OF SALINA, KANSAS This agreement, made and entered into this .2(0 day of, lg_,, by and between the City of Salina, Kansas, hereinafter ref rred 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 recei,ve.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.advisabie.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 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 bythe 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 r:ight 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. - 2 - 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 a'li 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. i1. 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: ATTEST: i SECRETARY THE CITY OF SALINA, KANSAS A THE STATE HIGHWAY COMMISSION OF KANSAS - 3 - 35W-85 i 35U-1 (-) April 15, 1971 City of Salina soling County Mr. M. D; Olson City Manager City Hall 300 Y. Ash Salina, Kansas 67401 Dear Mr. Olson: The Highway Commission is preparing In the City of Salina, Kansas. The Isco guard fence In aceordonce with the latesiiss with a title sheet and-* plan and profile These shoats are preliminary pl d do be furnished you -when they ave We are also sanding in tripli t' bilities of the City and t State Nig a Interstate funded projec if the pr s should be exec t p t of iha t ther handl in wl he HI C ory files for r f once aendinq ace of o d1. r he improof 1-35W highway v t 4clludes the i t Latton of near tgn t ndards. Wo a sending you hero. h n cating the scope of the project, to Apr 14, 1971. Completed plans will Is. the a nt form covering the responsl- y Commis on in connection with the proposed rm agreement is satisfactory, two copies and returned to this office for our fur - The third copy may be retained in your it fully executed copy. In tion with executing tho.agreawnt, the City will no doubt find it no" essary tIthoa an anabli rdinence authorizing the Mayor and the City Clerk to execute cement. o your convenience, we are enclosing one copy of a typical ordloance f u e y cities on similar projects. We should be furnished either a Corti or proof of publication,of such ordinance as the City soon 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 Cali upon our office. .. Very truly yours, W. H. Ogen, P. E. Engineer of Urban Highways K, V. Spear, P. E. KVSska Assistant Engineer of Urban Highways Enclosure cc, Mr, 0. L. Harrison, City Clerk �— Mr. Robert A. Kent, State Highway Commissioner Mr. A. M. Wall, Division Engineer A G R E E M E N T Agreement No. 17-71 KANSAS INTERSTATE ROUTE NO. 35W PROJECT NO. 35W-85 1 35W-1 (-) CITY OF SALINA, KANSAS This agreement, made and entered into this _2(p day of , 1917t, by and between the City of Salina, Kansas, hereinafter ref rred to as the City and the State Highway Commission of Kansas, hereinafter referred to as the Commi ss ion. 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 t 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 ln.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. 3 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. - 2 - 10 X 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 ATTEST: v -3- THE STATE HIGHWAY COMMISSION OF KANSAS FOR1M � ppPROV t oy DAPL s.ax� Affidavit of Publication Following is a true and correct copy of Oediumme >Edet4456 together with proof of publication of the same. AFFIDAVIT being first duly sworn according to law declare that I am the 8uOMWOa manager of the "}Eq® jegyW } a newspaper published in the City of Salina, Saline County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached and that said ftdtame was correctly published of the date of — and fu ter I say ot. q T' in M ;"Subscribed aw&n to before me �4 �✓B is 1 �' �;` , 19�_ f •. t 0Y 4e9d r� Notary Public My Commission expires coxzouowrm-vwuxw 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 i link on the State Highway System and known as Project Number 35W-85 135W-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 (SEAL) Attest: ity Clerk 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 o.n 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 135W-1 (-). Section 2. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. (SEAL) Attest: n i c. -City Clerk Introduced: April 19, 1971 Passed: April 26, 1971 Mayor n 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 connect i ink o e e project description city limit on 1-35W Highway at the westerly right of way line of the Missouri on 1-35W h city limit at the west line of centennial Roado 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 00WJtO9* (Commission) this day of , IS (Approved) (Signed) , Mayor (SEAL) ATTEST: City Clerk ROBERT B. DOCKING, Govemor Ro pp LOy B UNT State Highway Commission of Kansa s �NRYSCFi anwWALLER G 8 Flay., K JOHN D. MONTGOMERY, Director of Highways 84X5?s KARL A. BRUECK R. L. PEYTON, Assistant State Highway Director Paola, Kaoaaa C.LLE Moss JOHN D. McNEAL, State Highway Engineer EI Dorado, Kaoav LOUIS KAMPSCHROEDER cardW City, Kava. STATE OPPIQE BUILDING TOPEKA, KANSAS 66612 35W-$5 135W-1 H 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 1-35W highway In the City of Salina, Kansas. The improvement includes the installation of new guard fence in accordance with the latest design standards. We are 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 feet 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. Wail, 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 connect I ng link of (Lh—e5 ate i hwa e b 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-65 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 (IDOCKYiiQ (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-$5 135W-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 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. - 2 - 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: ATTEST: THE CITY OF SALINA, KANSAS CITY CLERK MAYOR SECRETARY - 3 - THE STATE HIGHWAY COMMISSION OF KANSAS