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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/02/2008 - SECOND READING OF ORDINANCE NO. 142, 2008, AMENDIN ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: December 2, zoos FORT COLLINS CITY COUNCIL STAFF: Mark Jackson SUBJECT Second 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. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY 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. This Ordinance, unanimously adopted on First Reading on November 12, 2008, amends Ordinance No. 067, 2005, to reflect the change in maintenance responsibilities and clarify the point at which the City'sjurisdiction ends and CDOT's begins. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary -November 12, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 6 A-B AGENDA ITEM SUMMARY DATE: November 12, 2008 FORT COLLINS CITY "iCOUNCIL 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 operati and fainirlaH y ill be covered in existing Streets and Traffic Operations budget �.. 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 ame e t to IG cl ' _ t isdictional limits of the two entities. In addition, the City as a r d wi O t s e operation and maintenance responsibility for the traffic si al at th 'mers ti H y Road and the Harmony Transit Center. This is easier and more ci t F Co 'ns than f 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 November 12, 2008 -2- Item No. 6 A-B from CDOT to the City.Fort Collins agreed to assume ownership,control,and maintenance of East 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 Gae s arlier resolution of the State Transportation Commission, de re rt m er 4 as the point at which the City's ownership responsibilities of onyI end and OT's would begin. The original intent of the agreement was for ol on to nd 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 Ord in ou n No�A67, 2005,to reflect these same changes. ATTACHMENTS I. 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. 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 oftime 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 clarity 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 comer 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 day of December,A.D.2008. i Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk