HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/12/2008 - ITEMS RELATING TO THE CITYS OWNERSHIP, ADMINISTRAT ITEM NUMBER: 6 A-B
AGENDA ITEM SUMMARY DATE: November 12, 2008
FORT COLLINS CITY COUNCIL STAFF: Mark Jackson
SUBJECT
Items Relating to the City's Ownership, Administrative Control, and Maintenance of Certain
Portions of Harmony Road.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
FINANCIAL IMPACT
Any additional costs of operating and maintaining Harmony Road will be covered in existing Streets
and Traffic Operations budgets.
EXECUTIVE SUMMARY
A. Resolution 2008-108 Authorizing the Mayor to Enter into a Modification and Ratification
Intergovernmental Agreement with the Colorado Department of Transportation.
B. First Reading of Ordinance No. 142,2008,Amending Ordinance No. 067,2005,to Clarify
the Portion of Harmony Road that is Owned, Controlled and Maintained by the City.
In 2005, the City and the Colorado Department of Transportation (CDOT) executed a series of
documents, including an intergovernmental agreement (the "IGA"), that transferred ownership,
administrative control, and maintenance of Harmony Road to Fort Collins. The City and CDOT
staff are recommending an amendment to the IGA to clarify the jurisdictional limits of the two
entities. In addition, the City has agreed with CDOT to assume operation and maintenance
responsibility for the traffic signal at the intersection of Harmony Road and the Harmony Transit
Center. This is easier and more efficient for Fort Collins than for CDOT,and can be assumed under
existing budgets.
BACKGROUND
The City and CDOT entered into an intergovernmental agreement on July 15, 2005, regarding the
transfer of ownership,administrative control,and maintenance of State Highway 68/Harmony Road
from CDOT to the City.Fort Collins agreed to assume ownership,control,and maintenance of East
November 12, 2008 -2- Item No. 6 A-B
Harmony Road and in return, CDOT agreed to pay Fort Collins the sum of $13,700,000 in
accordance with the 2005 Agreement. This amount represented the estimated O&M costs for 20
years (2005 dollars). The text of the agreement, as well as an earlier resolution of the State
Transportation Commission, made reference to mile marker 4.468 as the point at which the City's
ownership responsibilities of Harmony Road would end and CDOT's would begin. The original
intent of the agreement was for Fort Collins'jurisdiction to extend to a point east of the Harmony
Transit Center.However,mile marker 4.468 actually extends to the eastern edge of the Harmony/I-
25 interchange.
The City and CDOT have worked together to develop a mutually agreed-upon terminus near the
west access ramp of I-25. In addition, CDOT has requested that the City assume responsibility for
the operation and maintenance of the traffic signal at the intersection of Harmony Road and the
Harmony Transit Center. This poses no problem for the City's Traffic Operations group; it is
actually easier and more efficient to incorporate the signal into the Fort Collins system. Costs
associated with operation and maintenance of Harmony Road and the traffic signal will be absorbed
into existing Streets and Traffic Operations budgets.
The proposed Resolution would authorize the execution of a new agreement with CDOT to reflect
the change in maintenance responsibilities and clarify the point at which the City's jurisdiction ends
and CDOT's begins. The Ordinance would amend Ordinance No. 067, 2005,to reflect these same
changes.
ATTACHMENTS
1. Map of Eastern Boundary of DOT/City of Fort Collins IGA at Harmony and I-25.
2. Ordinance No.067,2005,Accepting the Abandoned Portion of State Highway 68(Harmony
Road) From Mile Post 0.00 to Mile Post 4.468 as Part of the City's Street System.
3. IGA dated July 15, 2005 between Colorado Department of Transportation and the City of
Fort Collins.
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ORDINANCE NO. 067, 2005 ATTACHMENT 2
OF THE COUNCIL OF THE CITY OF 17ORT COLLINS
ACCEPTING THE ABANDONED PORTION OF STATE HIGHWAY 68
(HARMONY ROAD) FROM MILE POST 0.00 TO MILE POST 4.468 AS PART
OF THE CITY'S STREET SYSTEM
WHEREAS, State Highway 68 (Harmony Road) is part of the State highway system of the
State of Colorado; and
WHEREAS, Section 43-2-102 C.R.S. assigns responsibility to the Colorado Department of
Transportation ("CDOT") for the responsibility of maintaining State Highway 68; and
WHEREAS,the Colorado Transportation Commission has the authority under Section 43-2-
106 C.R.S. to abandon state highways when, in the opinion of the Transportation Commission,they
are no longer necessary as state highways; and
WHEREAS, the Transportation Commission, on March 17, 2005, adopted Resolution
Number TC-1333 whereby the Transportation Commission of Colorado abandoned that portion of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468, a copy of which
Resolution is attached hereto as Exhibit "A"; and
WHEREAS, the aforesaid Resolution of the Colorado Transportation Commission was
certified by the Transportation Commission Secretary on April 12, 2005; and
WHEREAS, CDOT has agreed to make a one-time payment of$13,700,000 to the City as
its share of upgrading the roadway condition to an acceptable standard and to pay for the costs of
operation and maintenance of the roadway over a twenty year period of time; and
WHEREAS, the City will assume full responsibility and ownership of State Highway 68
(Harmony Road) in accordance with the intergovernmental agreement for the transfer thereof and
in accordance with this Ordinance which is adopted under the authority of Section 43-2406(1)
C.R.S.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City does hereby assume full responsibility for ownership, operation and
maintenance of State Highway 68 (Harmony Road) from Mile Post 0,00 to Mile Post 4.468 except
that CDOT shall retain roadway maintenance responsibilities for that portion of Harmony Road from
the west right-of-way line of the I-25 frontage road located on the west side of I-25 and extending
east over I-25, including maintenance responsibility for the traffic signal at the intersection of the
west I-25 frontage road and Harmony Road, with such transfer of responsibility to be coordinated
between the Colorado Transportation Commission and the City in accordance with the
Transportation Commissions' abandonment of said State Highway 68 pursuant to its Resolution
Number TC-1333, and in accordance with Section 43-2-106(t) C.R.S.
CITY CLERK
CITY OF FORT COLLINS
Introduced and considered favorably on first reading and ordered published this 7th day of
June, A.D. 2005, and to be presented for final passage o e 5th day of July, A.D. 2005.
M or
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"'Passed and adopted on final reading this 5th day of July, A.D. 2005.
Mayor
C"tEy Clerk';
f Resolution Number Te _333 EXHIBIT "A"
\ WHEREAA, State Highway 68 (Harmony Road) is part of the State Highway
System; and
WHEREAS, under Section 43-2-102, Colorado Revised Statutes (C.R.S.), the
Colorado Department of Transportation (CDOT) has the responsibility to
maintain State Highway 68 (Harmony Road) and the Transportation
Commission of Colorado has the responsibility, under Section 43-1-106, C.R.S.
to formulate the general policy with respect to such maintenance; and
WHEREAS, the Transportation Commission also has the authority, under
Section 43-2-106, C.R.S., to abandon that portion of State Highway 68
(Harmony Road) from Mile Post 0.00 to Mile Post 4.468 (Exhibit A), which is no
longer needed as a State Highway; and
WHEREAS, the Transportation Commission received from the City of Fort
Collins resolution accepting the abandoned portion of State Highway 68 as
part of the City's street system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action provided the
City accepts the abandoned road as part of the City's street system; and
WHEREAS, CDOT has agreed to make a one-time payment of approximately
$13.65 million to the City of Fort Collins as its share of upgrading the roadway
condition to an acceptable standard and to pay for the costs of operation and
maintenance over a 20-year period; and
WHEREAS, the $13.65 million would be funded from the Region 4 Resurfacing
Program and paid to the City of Fort Collins as a one-time payment; and
WHEREAS, approval of the abandonment is conditioned upon the signing of an
Intergovernmental Agreement (IGA) between the City of Fort Collins and CDOT
to set forth responsibilities concerning the abandonment.
WHEREAS, the City of Fort Collins will assume full responsibility and
ownership of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile
Post 4.468.
NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of
Colorado abandons that portion of State Highway 68 (Harmony Road) from
Mile Post 0.00 to Mile Post 4.468.
I hereby certify Resolution Number TC-1333 is a true and exact copy of the
resolution adopted by the Transportation Commission of Colorado on March
17 005.
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JE&AIF
ER � TER, Secretary
TRANSPORTATION COMMISSION OF COLORADO
Dated: April 12, 2005
x< ATTACHMENT 3
Agreement No.
Region 4—Fort Collins
INTERGOVERNMENTAL AGREEMENT
THIS IVTERGOVERNMENTAL AGREEMENT("Agreement"), made this 1154'
day of 2005, by and between the STATE OF COLORADO
DEPARTMEN F TRANSPORTATION,whose address is 4201 East Arkansas Avenue,
Denver, CO 80222, hereinafter referred to as "the State" or"CDOT", and the CITY OF FORT
COLLINS, whose address is 300.La Porte Avenue, Fort Collins, CO 80521 , hereinafter referred
to as the"City" or"Fort Collins".
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and
otherwise made available, and a sufficient unencumbered balance thereof remains available for
payment under Project C 068A-008, Project Code 15084, in Fund Number 400, Organization
Number 9991, Appropriation Code 010, Program 2000, Function 1344, Object 5410 2N,
Originating Unit 4310, Contract Encumbrance Amount$13,700,000.00; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, by correspondence dated February 23, 2005 Fort Collins indicated to the
State its interest in taking possession of that portion of State Highway 68 which lies within its
jurisdiction, as described on Exhibit A which is attached hereto,hereinafter SH 68; and
WHEREAS, CDOT by its Region 4 Transportation Director has agreed to allow the City
to accept SH 68 which would be abandoned through an action of the Transportation Commission
of Colorado; and
WHEREAS, at their meeting on March 17, 2005 the Transportation Commission of
Colorado, adopted Resolution TC- 1333, which is attached hereto (Exhibit B) and incorporated
herein by this reference; and
WHEREAS, pursuant to Resolution TC-1333, the Transportation Commission authorized
abandonment of State Highway 68 as described in Exhibit A above which lies within the
corporate limits of the City of Fort Collins, subject to the terms and conditions contained herein;
and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the
provisions of Sections 29-1-203, 43-1-106, 43-1-114, 43-1-202.7, 43-2-101, 43-2-106, and
43-2-144, C.R.S., as amended and pursuant to the attached resolution from the City of Fort
Collins (Exhibit Q and
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WHEREAS, the State has agreed to provide the total sum of$ 13,700,000.00 to the City for
the purpose of future repair and maintenance of SH 68; and
WHEREAS, the Parties desire to enter into this Agreement and agree upon the conditions
of the abandonment of SH 68 by the State and acceptance by Fort Collins of SH 68 right of way
pursuant to the terms and conditions of this Agreement; and
NOW, THEREFORE, it is hereby agreed as follows:
I. DEFINITIONS
The definitions of the following terms shall be used for interpretation when referenced in this
Agreement:
A. Administrative Control shall be understood to mean sole responsibility for the following
activities that are normally associated with the ownership responsibility for a roadway; access
control including approvals and/or denials, development review related to roadway impacts,
police protection over the roadway,utility review and coordination, and any and all future
roadway improvement design and construction not identified in this agreement.
B. Maintenance shall be understood to mean sole responsibility for cleaning, repair and
replacement of any or all of a roadway, in conformance with all standards and requirements that
are applicable when the maintenance is performed.
C. Ownership shall be understood to mean legal ownership in the relevant roadway and right-
of-way, and the responsibility thereof. The transfer of ownership of the relevant roadways and
rights-of-way described in this Agreement shall be accomplished at a later date(s) by the parties'
execution of separate agreements and other required documents and by their taking all other
necessary steps, including Transportation Commission Resolutions and City Council Resolutions
or Ordinances, to legally abandon and transfer ownership of roadway and right-of-way from the
State to the City. Once ownership of a roadway has been effectively transferred to a party, all
administrative control and maintenance of the roadway will be the sole responsibility of the new
owner party, subject to the division of maintenance responsibilities under section 43-2-135,
C.R.S. which shall remain applicable, and any previous delegation of administrative control
and/or maintenance over that roadway to the contrary shall automatically terminate. Easements
will be described and granted, by appropriate instruments and procedures, to maintain ownership
of special facilities such as telecommunications or public utilities.
II. PURPOSE OF AGREEMENT AND GENERAL PROVISIONS
This Agreement establishes the general provisions for and defines certain responsibilities
regarding the State's abandonment and Fort Collins's acceptance of a portion of State Highway
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68 (Harmony Road) in Larimer County, Colorado, and to transfer CDOT's administrative
control, maintenance, and ownership to the City.
A. By Resolution TC- 1333 dated March 17, 2005, a copy of which is attached hereto and made
a part hereof as Exhibit B, the State has provided notice of State's abandonment of the SH 68
right of way within Fort Collins as more fully described above.
B. Fort Collins has adopted Resolution Number 2005-060 on June 7, 2005, a copy of which is
attached hereto and made a part hereof as Exhibit C, whereby SH 68 within Fort Collins, is
authorized to become part of the City's street system, and the sole responsibility for SH 68 shall
be transferred from the State to Fort Collins following full execution of this Agreement and
compliance with the recordation requirements of Section 43-1-202.7 C.R.S. and the passage of
the Ordinance required pursuant to Section 43-2-106(1) C.R.S.
C. Fort Collins will cause the abandoned portion of SH 68 highway to remain open as a City
street.
D. Transferring of administrative control, maintenance and ownership shall occur in accordance
with the terms and conditions of this Agreement and Colorado law.
E. This Agreement is intended as the complete integration of all understandings between the
parties. No prior contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing and signed by both parties. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force
or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
F. This Agreement shall inure to the benefit of and be binding upon the parties, their successors
and assigns.
G. The covenants with regard to maintenance of the existing roadway under this contract shall
remain in effect in perpetuity or until such time as the City is,by law or otherwise, relieved of
such responsibility. CDOT shall retain roadway maintenance responsibilities for that portion of
Harmony Road from the west right-of-way line of the I-25 frontage road located on the west side
of I-25 and extending east over I-25, including maintenance responsibility for the traffic signal at
the intersection of the west I-25 frontage road and Harmony Road.
H. To the extent that this Agreement may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Agreement, the terms of this Agreement are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall be construed as a waiver of any other
term, or the same term upon subsequent breach.
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I. It is expressly understood and agreed that the City shall not in any respect be deemed an agent
of CDOT.
J. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
City and CDOT, and nothing contained in this Agreement shall give or allow any such claim or
right of action by any other or third person on such Agreement. It is the express intention of the
City and CDOT that any person other than the City or CDOT receiving services or benefits under
this Agreement shall be deemed to be incidental beneficiary only.
K. The City represents and warrants that it has taken all actions that are necessary or that are
required by its procedures, bylaws, or applicable law to legally authorize the undersigned
signatory to execute this contract on behalf of the City and to bind the City to its terms.
L. For purposes of the Special Provisions, Fort Collins shall be deemed to be the Contractor.
M. Financial obligations of the Parties payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available.
III. FUNDING PROVISIONS FOR THE PROJECT
A. This Agreement is subject to prioritization of statewide strategic projects, and budgeting of
projects.
B. CDOT agrees to pay the City a one time payment of$ 13,700,000.00 for the City to assume
Administrative Control, Maintenance and Ownership of SH 68 (Harmony Road) upon execution
of this Agreement. Said payment is made upon the condition that the City adopt an Ordinance
accepting ownership and maintenance responsibilities for SH-68 as provided in Section 43-2-
106(1) C.R.S.
C. CDOT shall not be liable to pay for any costs for work exceeding $13,700,000.00.
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(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he
may designate.
2. FUND AVAILABILITY.CRS 24-307202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION
To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the Contractor,or its
employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,
benefits, protection, or other provisions for the parties,of the Colorado Governmental Immunity Act, CRS 24-10-101 at seq.or the
Federal Tort Claims Act,28 U.S.C.2671 at seq.as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE.NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE
DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS
CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS
OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair
employment practices.
6. CHOICE OF LAW.
The laws of the Stale of Colorado and rules and regulations Issued pursuant thereto shall be applied in the interpretation,execution,
and enforcement of this contract.Any provision of this contract,whether or not Incorporated herein by reference,which provides for
arbitration by any extreyudicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered
null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or
otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the
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extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,
and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governors Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation,or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,for the term
of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of
public funds.If the State determines that the Contractor is in violation of this paragraph,the State may exercise any remedy available at
law or equity or under this Contract,including,without limitation,immediate termination of the Contract and any remedy consistent with
United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST.CRS 24-18.201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
Effective Date:April 1,2004
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
CITY OF FORT COLLINS BILL OWENS, GOVERNOR
-� By en sna,
City of Fort Collins If-Executiu Director
By:Douglas P.Hutchinson,Mayor Department of Transportation
ATTEST:
Social Security Number or FEIN
Chief Clerk
Attest(Seal)By 4ZU W APPROVED:
City Clerk
/Atteyneral's Office
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below,the State of
Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
LESLIE M. SHENEFELT
Date:
AP As o Form
00PutY lty Attomey
TRANSPORTATION COMMISSION OF COLORADO
MARCH 17, 2005
Resolution Number TC-1333
WHEREAS, State Highway 68 (Harmony Road) is part of the State Highway System;
and
WHEREAS, UNDER Section 43-2-102, Colorado Revised Statutes (C.R.S.), the
Colorado Department of Transportation (CDOT) has the responsibility to maintain
State Highway 68 (Harmony Road) and the Transportation Commission of Colorado
has the responsibility, under Section 43-1-106, C.R.S. to formulate the general policy
with respect to such maintenance; and
WHEREAS, the Transportation Commission also has the authority, under Section 43-
2-106, C.R.S., to abandon that portion of State Highway 68 (Harmony Road) from Mile
Post 0.00 to Mile Post 4.468 (Exhibit A), which is no longer needed as a State
Highway; and
WHEREAS, the Transportation Commission received from the City of Fort Collins
resolution accepting the abandoned portion of State Highway 68 as part of the City's
street system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action provided the City
accepts the abandoned road as part of the City's street system; and WHEREAS,
CDOT has agreed to make a'one-time payment of approximately $13.70 million to the
City of Fort Collins as its share of upgrading the roadway condition to an acceptable
standard and to pay for the costs of operation and maintenance over a 20-year period;
and
WHEREAS, the $13.70 million would be funded from the Region 4 Resurfacing
Program and paid to the City of Fort Collins as a one-time payment; and WHEREAS,
approval of the abandonment is conditioned upon the signing of an Intergovernmental
Agreement (IGA) between the City of Fort Collins and CDOT to set forth responsibilities
concerning the abandonment.
WHEREAS, the City of Fort Collins will assume full responsibility and ownership of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468.
NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of
Colorado abandons that portion of State Highway 68 (Harmony Road) from Mile Post
0.00 to Mile Post 4.468.
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Resolution Number T1,-1333 EXHIBIT "B"
WHEREAS, State Highway 68 (Harmony Road) is part of the State Highway
System; and
WHEREAS, under Section 43-2-102, Colorado Revised Statutes (C.R.S.), the
Colorado Department of Transportation (CDOT) has the responsibility to
maintain State Highway 68 (Harmony Road) and the Transportation
Commission of Colorado has the responsibility, under Section 43-1-106, C.R.S.
to formulate the general policy with respect to such maintenance; and
WHEREAS, the Transportation Commission also has the authority, under
Section 43-2-106, C.R.S., to abandon that portion of State Highway 68
(Harmony Road) from Mile Post 0.00 to Mile Post 4.468 (Exhibit A), which is no
longer needed as a State Highway; and
WHEREAS, the Transportation Commission received from the City of Fort
Collins resolution accepting the abandoned portion of State Highway 68 as
part of the City's street system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action provided the
City accepts the abandoned road as part of the City's street system; and
WHEREAS, CDOT has agreed to make a one-time payment of approximately
$13.65 million to the City of Fort Collins as its share of upgrading the roadway
condition to an acceptable standard and to pay for the costs of operation and
maintenance over a 20-year period; and
WHEREAS, the $13.65 million would be funded from the Region 4 Resurfacing
Program and paid to the City of Fort Collins as a one-time payment; and
WHEREAS, approval of the abandonment is conditioned upon the signing of an
Intergovernmental Agreement (IGA) between the City of Fort Collins and CDOT
to set forth responsibilities concerning the abandonment.
WHEREAS, the City of Fort Collins will assume full responsibility and
ownership of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile
Post 4.468.
NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of
Colorado abandons that portion of State Highway 68 (Harmony Road) from
Mile Post 0.00 to Mile Post 4.468.
I hereby certify Resolution Number TC-1333 is a true and exact copy of the
resolution adopted by the Transportation Commission of Colorado on March
17 005.
R, Secretary
TRANSPORTATION COMMISSION OF COLORADO
Dated: April 12, 2005
EXHIBIT IV,
RESOLUTION 2005-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
TO TRANSFER THE ADMINISTRATIVE CONTROL, MAINTENANCE AND
OWNERSHIP OF HARMONY ROAD (STATE HIGHWAY 68) BETWEEN
COLLEGE AVENUE AND I-25 FROM THE COLORADO DEPARTMENT
OF TRANSPORTATION TO THE CITY OF FORT COLLINS
WHEREAS,the Colorado Department of Transportation("CDOT")and the City have been
negotiating the possible transfer of ownership of State Highway 68(Harmony Road from Interstate
Highway 25 to College Avenue) from CDOT to the City because this 4.5 mile section of State
highway is developing into an urban arterial street; and
WHEREAS,transfer of ownership of State Highway 68 to the City would give the City full
control of the future design,construction and maintenance of Harmony Road and would obviate the
need for the City to seek"A-Line"access approval from CDOT and would afford the City the ability
to modify the Harmony Road Access Control Plan without CDOT involvement; and
WHEREAS, CDOT has assembled funds in the amount of$13,700,000 to pay to the City
as compensation for the City's taking ownership and maintenance responsibilities for the transferred
roadway; and
WHEREAS, Section 43-2-106 C.R.S. authorizes the Colorado Transportation Commission
to abandon state highways in accordance with the procedures established therein; and
WHEREAS, on March 17, 2005, the Colorado Transportation Commission adopted
Resolution Number TC-1333, which resolution was certified by the Transportation Commission
Secretary on April 12, 2005, whereby the Transportation Commission resolved to abandon that
portion of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468; and
WHEREAS, CDOT has prepared an intergovernmental agreement for execution between
CDOT and the City for the purpose of setting out the understanding between CDOT and the City
pertaining to the transfer of ownership and maintenance of Harmony Road,which intergovernmental
agreement is attached hereto as Exhibit "A"; and
WHERES, the City Council has determined that it is in the best interest of the City that the
Mayor be authorized to execute the intergovernmental agreement on behalf of the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the intergovernmental agreement attached
hereto as Exhibit "A" including such additional terms and conditions as the City Manager, in
consultation with the City Attorney,determines to be necessary or appropriate to protect the interests
of the City for the purpose of transferring ownership and maintenance responsibilities for State
Highway 68 (Harmony Road) from the Colorado Department of Transportation to the City upon
payment of the sum of THIRTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS
($13,700,000) by the Colorado Department of Transportation to the City.
Passed and adopted at a regular meeting of4Ma
uncil held this 7th y of June,A.D.
2005.
A LEST:
1
City Clerk
RESOLUTION 2008-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO A
MODIFICATION AND RATIFICATION INTERGOVERNMENTAL AGREEMENT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, the Transportation Commission of Colorado adopted, on March 17, 2005,
Resolution No. TC-1333 whereby the Transportation Commission abandoned that portion of State
Highway 68/Harmony Road ("Harmony Road") from milepost 0.00 to milepost 4.468, a certified
copy of which resolution was dated and delivered to the City on April 12, 2005; and,
WHEREAS,on July 5,2005,within the period of time required by Section 43-2-106,C.R.S.,
the City Council adopted on second reading Ordinance No. 067, 2005, accepting the abandoned
portion of Harmony Road from milepost 0.00 to milepost 4.468 as a part of the City's street system;
and
WHEREAS, on July 15, 2005, the City and the Colorado Department of Transportation
("CDOT") entered into an intergovernmental agreement regarding the transfer of ownership of
Harmony Road from CDOT to the City (the "2005 Agreement"); and
WHEREAS, following said transfer of ownership between CDOT and the City, made in
accordance with law as provided in Section 43-2-101 et seq. C.R.S., CDOT paid the sum of
$13,700,000 to the City in accordance with the 2005 Agreement, and the City and CDOT have
thereafter conducted themselves in full conformance with the 2005 Agreement; and
WHEREAS, it has come to the attention of the City and CDOT that the milepost
measurement referenced in Resolution No. TC-1333 and in City Council Ordinance No. 067,2005,
may have transferred ownership of Harmony Road to a point further east than had been intended by
CDOT and the City; and
WHEREAS,paragraph II(G) of the 2005 Agreement provides that CDOT shall continue to
be responsible for roadway maintenance of Harmony Road from the west right-of-way line of
Interstate Highway 25 and extending east over Interstate Highway 25,including maintenance of the
traffic signal at the intersection of the West I-25 Frontage Road and Harmony Road; and
WHEREAS,there is no west frontage road along Interstate Highway 25 at the Harmony Road
location, and in making reference to such traffic signal,the City and CDOT intended to refer to the
traffic signal at the intersection of Harmony Road and the entrance to the City's "Transit Center";
and
WHEREAS,the City and CDOT now agree that the City will maintain the above-referenced
traffic signal at the intersection of Harmony Road and the entrance to the Transit Center; and
WHEREAS, in addition, CDOT and the City desire to clarify the point at which the City's
ownership, administrative control, and maintenance of Harmony Road terminate and CDOT's
ownership, administrative control, and maintenance responsibilities commence (the "Eastern
Terminus"); and
WHEREAS, the City Council has determined that it is in the best interests of the City that
a Modification and Ratification of Intergovernmental Agreement be executed between the City and
CDOT to address these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a Modification and Ratification of
Intergovernmental Agreement with the Colorado Department of Transportation, which agreement
is attached hereto and incorporated herein as Exhibit "A",together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
and appropriate to protect the interests of the City,
Passed and adopted at a special meeting of the Council of the City of Fort Collins this 12th
day of November A.D. 2008.
Mayor
ATTEST:
City Clerk
EXHIBIT A
MODIFICATION AND RATIFICATION OF
INTERGOVERNMENTAL AGREEMENT
THIS MODIFICATION AND RATIFICATION OF INTERGOVERNMENTAL
AGREEMENT (the "Agreement") is made this day of November, 2008, by and between
the State of Colorado Department of Transportation, whose address is 4201 East Arkansas
Avenue, Denver, Colorado, 80222, hereinafter referred to as the "State" or "CDOT", and the
City of Fort Collins, whose address is 300 LaPorte Avenue, Fort Collins, Colorado, 80521,
hereinafter referred to as the "City" or"Fort Collins".
WHEREAS, the Transportation Commission of Colorado adopted, on March 17, 2005,
Resolution No. TC-1333 whereby the Transportation Commission abandoned that portion of
State Highway 68/Harmony Road from milepost 0.00 to milepost 4.468, a certified copy of
which resolution was dated and delivered to the City on April 12, 2005; and,
WHEREAS, on July 5, 2005,within the period of time required by Section 43-2-106,
C.R.S., the Council of the City of Fort Collins adopted on second reading Ordinance No. 067,
2005, accepting the abandoned portion of State Highway 68/Harmony Road from milepost 0.00
to milepost 4.468 as a part of the City's street system; and
WHEREAS, on July 15, 2005, the City and CDOT entered into an intergovernmental
agreement regarding the transfer of ownership of State Highway 68/Harmony Road from CDOT
to the City(the "2005 Agreement"); and
WHEREAS, following said transfer of ownership between CDOT and the City, made in
accordance with law as provided in Section 43-2-101 et seq. C.R.S., CDOT paid the sum of
$13,700,000 to the City in accordance with the 2005 Agreement; and
WHEREAS, subsequent to said transfer of ownership, the City and CDOT have
conducted themselves in full conformance with the 2005 Agreement; and
WHEREAS, it has come to the attention of the parties that the milepost measurement as
adopted by Resolution No. TC-1333 and as referenced in City Council Ordinance No. 67, 2005,
may have transferred ownership of State Highway 68/Harmony Road to a point further east than
had been intended by CDOT and the City; and
WHEREAS, paragraph II(G) of the 2005 Agreement provides that CDOT shall continue
to be responsible for roadway maintenance of Harmony Road from the west right-of-way line of
Interstate Highway 25 and extending east over Interstate Highway 25, including maintenance of
the traffic signal at the intersection of the West I-25 Frontage Road and Harmony Road; and
WHEREAS, there is no west frontage road along Interstate Highway 25 at the Harmony
Road location, and in making reference to such traffic signal, the parties intended to refer to the
traffic signal at the intersection of Harmony Road and the entrance to the City's "Transit
Center"; and
Page 1 of 4
WHEREAS, the parties now agree that the City will maintain the above-referenced traffic
signal at the intersection of Harmony Road and the entrance to the Transit Center; and
WHEREAS, in addition, CDOT and the City desire to modify the 2005 Agreement so as
to clarify the point at which the City's ownership, administrative control, and maintenance of
Harmony Road terminate and CDOT's ownership, administrative control, and maintenance
responsibilities commence (the "Eastern Terminus").
NOW, THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
including the payment by CDOT to the City of $13,700,000, the parties agree that the 2005
Agreement is hereby ratified and confirmed except for the following modifications and
additional provisions:
1. The Recitals set forth above are incorporated by reference. The abandonment of
State Highway 68/Harmony Road from milepost 0.00 to milepost 4.468 is hereby amended to
constitute an abandonment from milepost 0.00 to the Eastern Terminus described as follows:
Beginning at the southwest corner of Section 34 Township 7 North Range 68 West of the
Sixth P.M., the said southwest corner is also the current centerline of Strauss Cabin Road;
Thence along the south line of the southwest quarter of the said Section 34, South 89
degrees 29 minutes 53 seconds East 1972.27 feet,
with roadway maintenance responsibilities to be conducted by CDOT east of the Eastern
Terminus as originally intended in Paragraph II(G) of the 2005 Agreement.
2. Paragraph II(A) of the 2005 Agreement is hereby amended to provide that
Resolution TC-1333, though dated March 17, 2005, was certified as of April 12, 2005, and upon
said date was delivered to the City as official notification of such abandonment, whereupon the
City adopted its Ordinance No. 67, 2005, accepting transfer of ownership.
3. Paragraph II(G) of the 2005 Agreement is hereby amended to provide that the
City shall be responsible for the maintenance of the traffic signal located at the intersection of
Harmony Road and the entrance to the "Transit Center."
4. The abandonment of the Transportation Commission on March 17, 2005, and the
acceptance of that abandonment by the City Council by passage of Ordinance No. 67, 2005, on
July 5, 2005, constitute a full and complete transfer of ownership of that portion of State
Highway 68/Harmony Road from milepost 0.00 to the Eastern Terminus. The City hereby
relinquishes any claim or interest in State Highway 68/Harmony Road east of the Eastern
Terminus and hereby surrenders the same to CDOT.
5. This modification and ratification shall constitute an estoppel against either of the
parties from rescinding the 2005 Agreement because of any mistake of fact in said
Page 2 of 4
intergovernmental agreement with regard to the portion of State Highway 68/Harmony Road to
be abandoned and conveyed to the City.
6. The parties agree to create and/or execute such additional resolutions, ordinances,
instruments of conveyance or other documents, if any, as they mutually determine may be
necessary to effectuate the purposes of this Agreement.
7. That all terms and conditions of the 2005 Agreement, except as modified herein,
are hereby ratified and made a part of this Agreement as though set forth specifically verbatim
herein including, without limitation but for the purpose of emphasis, the provisions contained in
paragraphs II(H) and(J), pertaining to severability and third party beneficiaries, respectively.
THIS SPACE LEFT INTENTIONALLY BLANK
Page 3 of 4
CITY OF FORT COLLINS, COLORADO
By:
Douglas P. Hutchinson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF COLORADO:
BILL RITTER, GOVERNOR
By:
Executive Director
Department of Transportation
ATTEST:
Chief Clerk
APPROVED:
Attorney General's Office
Page 4 of 4
ORDINANCE NO. 142, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 67, 2005, TO CLARIFY THE
PORTION OF HARMONY ROAD THAT IS
OWNED, CONTROLLED, AND MAINTAINED BY THE CITY
WHEREAS, the Transportation Commission of Colorado adopted, on March 17, 2005,
Resolution No. TC-1333 whereby the Transportation Commission abandoned that portion of State
Highway 68/Harmony Road ("Harmony Road") from milepost 0.00 to milepost 4.468, a certified
copy of which resolution was dated and delivered to the City on April 12, 2005; and,
WHEREAS,on July 5,2005,within the period of time required by Section 43-2-106,C.R.S.,
the City Council adopted on second reading Ordinance No. 067, 2005, accepting the abandoned
portion of Harmony Road from milepost 0.00 to milepost 4.468 as a part of the City's street system;
and
WHEREAS, on July 15, 2005, the City and the Colorado Department of Transportation
("CDOT") entered into an intergovernmental agreement regarding the transfer of ownership of
Harmony Road from CDOT to the City(the "2005 Agreement"); and
WHEREAS, following said transfer of ownership between CDOT and the City, made in
accordance with law as provided in Section 43-2-101 et seq. C.R.S., CDOT paid the sum of
$13,700,000 to the City in accordance with the 2005 Agreement, and the City and CDOT have
thereafter conducted themselves in full conformance with the 2005 Agreement; and
WHEREAS, it has come to the attention of the City and CDOT that the milepost
measurement referenced in Resolution No. TC-1333 and in City Council Ordinance No. 67, 2005,
may have transferred ownership of Harmony Road to a point further east than had been intended by
CDOT and the City; and
WHEREAS,paragraph II(G)of the 2005 Agreement provides that CDOT shall continue to
be responsible for roadway maintenance of Harmony Road from the west right-of-way line of
Interstate Highway 25 and extending east over Interstate Highway 25, including maintenance of the
traffic signal at the intersection of the West I-25 Frontage Road and Harmony Road; and
WHEREAS,there is no west frontage road along Interstate Highway 25 at the Harmony Road
location, and in making reference to such traffic signal,the City and CDOT intended to refer to the
traffic signal at the intersection of Harmony Road and the entrance to the City's "Transit Center';
and
WHEREAS,the City and CDOT now agree that the City will maintain the above-referenced
traffic signal at the intersection of Harmony Road and the entrance to the Transit Center; and
WHEREAS, in addition, CDOT and the City desire to modify the 2005 Agreement so as to
clarify the point at which the City's ownership,administrative control,and maintenance of Harmony
Road terminate and CDOT's ownership, administrative control, and maintenance responsibilities
commence (the "Eastern Terminus"); and
WHEREAS,the City Council has,this same date,adopted Resolution 2008-108,approving
a Modification and Ratification of Intergovernmental Agreement between the City and CDOT to
address these issues; and
WHEREAS, the City Council wishes to amend Ordinance No. 067, 2005, to clarify the
portion of Harmony Road that is to be owned, controlled, and maintained by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Ordinance No. 067, 2005, is hereby amended so that the portion of Harmony Road
accepted, owned, and maintained by the City and under the administrative control of the City shall
be consistent with the provision of the Modification and Ratification of Intergovernmental
Agreement, with an Eastern Terminus described as follows:
Beginning at the southwest corner of Section 34 Township 7 North Range 68 West
of the Sixth P.M.,the said southwest corner is also the current centerline of Strauss
Cabin Road;thence along the south line of the southwest quarter of the said Section
34, South 89 degrees 29 minutes 53 seconds East 1972.27 feet,
Introduced, considered favorably on first reading, and ordered published this 12th day of
November,A.D.2008,and to be presented for final passage on the 2nd day of December,A.D.2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of December, A.D. 2008.
Mayor
ATTEST:
City Clerk