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HomeMy WebLinkAbout9256ORDINANCE NO. 9256 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ARKANSAS STATE HIGHWAY COMMISSION AND THE MAYOR AND CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING FORTH SAID AGREEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That an agreement drawn by the Arkansas State Highway Commission and the Mayor and City Council of the City of Little Rock is hereby approved and the Mey or and the City Clerk are hereby authorized and directed to execute such agreement on behalf of the City of Little Rock, Arkansas, which agreement is hereby set forth in its entirety, to -wit: "THIS AGREEMENT, made and entered into this day of , 195, by and between the Arkansas State Highway Commission, hereinafter called lCommission', and the Mayor and the City Council of the City of Little Rock, Arkansas, hereinafter called 'City', WITNESSETH: R E C I T A L "Whereas, it is proposed for the benefit of the public to construct the South Riverfront Drives with ramp connections to Broad- way and Main Street Bridges in the City of Little Rock as outlined in general under the Lochner Plan, and "Whereas, to initiate this proposal the Commission has programed Federal -aid funds for the acquisition of Rights of Way and adjustment of Railroad and Utility facilities as may be required by the project as evidenced by minutes of the Commission dated December 16, 1948s September 290 1950, and November 2 1, 1952, and "Whereas, the City has evidenced good faith in this project by providing the sum of $975,000 from the sale of, bonds for the purpose of paying the City's share of the estimated cost of Rights of Way, Railroad and Utility adjustments, and "Whereas, in order to initiate the work of Right of Way acquisition as the first stage of the project, it is necessary that the Commission and the City reach agreement on all matters relating to the construction of the proposed riverfront improvement, "Now, Therefore, in consideration of the covenants and agree- ments herein contained and subject to the provisions of the recital -2- above, it is agreed by and between the parties hereto as follows, to wit: "1. Plans, specifications and estimates for the proposed riverfront project, more specifically designated as State Job 6429, Federal Aid Project U- 524(1), will be prepared by the Commission without cost to the City, subject to approval by the Bureau of Public Roads and with the concurrence therein by the City. Said plans shall show the limits of all Rights of Way needed for the improvement and shall indicate thereon by appropriate notations all railway and utility adjustments required. "2. The City shall provide one -half the amount of monies required to purchase, in fee simple or acquire by easement, all lands, build- ings and appurtenances within the Right of Way limits shown on the plans, and one -half the monies required to make the necessary rail- way and utility adjustments required for the project as indicated on the plans. The remaining one -half of such funds will be supplied by the Commission from Federal -aid funds as previously programed for such purpose. "3. Upon completion of acquisition of the rights of way and the removal therefrom of all buildings and other man made obstructions, and adjustment of railway and utility facilities, all by the City, the Commission agrees to award a contract and construct the roadway facilities in conformity with the plans and specifications, the cost of this work to be paid from State and Federal -aid funds. "4. After execution and approval of this agreement by the parties hereto and upon receipt of written notice from the Commission, the City will proceed to acquire rights of way by purchase, easement or condemnation including all buildings and appurtenances necessary for the construction of the project and within the limits of the rights of way as indicated on the plans, unobstructed and ready for con- struction. City further agrees to make or cause to be made all railway and utility adjustments which interfere with construction and as indicated on the plans. All proposed settlements, contracts and agreements concerning acquisition of each right of way parcel shall be subject to approval of the Commission and the Bureau of Public Roads before the acquisition is completed. It is further agreed that the City shall provide the right of way ready for con- struction within a period of twenty months after the execution of -3- this agreement, except that the project will not be considered abandoned by the City as set forth in paragraph seven where right of entry has been obtained but court actions are still pending over the amount of compensation to be paid the property owners. "5. That any contracts which the City enters into for acquiring or clearing the right of way and for adjusting or removing railway and utility facilities as required for the project shall be subject to approval by the Commission and with the concurrence of the Bureau of Public Roads. It is further agreed that upon written request of the City the State shall furnish such engineering service as is necessary for acquisition of rights of way and adjustment of rail- way and utility services. "6. That from time to time as the various tracts or parcels of rights of way are acquired and the acquisition approved by the Commission and the Bureau of Public Roads, reimbursement will be made to the City for one -half the cost of such tracts or parcels until all rights of way required for the project have been obtained. The same procedure shall apply to railroad and utility adjustments where it is shown that it is not the responsibility of the owning company to make such adjustments at its own expense. Reimbursement will also be made for one -half of such right of way acquisition costs as are eligible under Federal -Aid rules and regulations. f "7. It is further agreed that in the event the City fails to acquire the necessary rights of way and /or to make the necessary railroad and utility adjustments required for the improvement, and /or if for any reason within the control of City the project is abandoned by the City, the Commission shall be reimbursed for any and all monies which have been paid to the City for any portion of the rights of way or railway and utility adjustments. In order to guarantee such reimbursement the City agrees that the Commission may file claim against any monies due the City from the Municipal Aid Fund or any other State source for such length of time as is required to make complete reimbursement for any funds expended on the abandoned project by the State. ��. This agreement shall be binding upon the parties hereto, their successors or assigns. "IN WITNESS WHEREOF, the parties hereto have hereunder set their -4- hands and seals the day and date first above written." SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed, and it being necessary to relieve the traffic of the City of Little Rock immediately, an emergency is hereby declared to exist and this ordinance shall be in full force and a ffeat upon its passage and approval. PASSED: June 22,E 1953 ATTEST: City Clerk APPROVED: Mayor