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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2005 - ITEMS RELATING TO THE TRANSFER OF OWNERSHIP OF HAR ITEM NUMBER: 22 A-B AGENDA ITEM SUMMARY DATE: June 7, 2005 FORT COLLINS CITY COUNCIL STAFF: Gary Diede SUBJECT Items Relating to the Transfer of 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. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. FINANCIAL IMPACT The Colorado Department of Transportation will pay the City of Fort Collins a one time payment of$13,700,000 to fund upgrades and offset the cost of maintenance for Harmony Road over the next 20 years. After 20 years the City would fund ongoing maintenance costs of an estimated$220,000 (2005 Dollars) per year. Staff believes that the 3% growth factor in the Pavement Management Program will be sufficient to cover this future cost. EXECUTIVE SUMMARY A. Resolution 2005-060 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. B. First Reading of 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. The Colorado Department of Transportation (CDOT) and City of Fort Collins Transportation Services have been discussing the transfer of ownership of Harmony Road from CDOT to the City of Fort Collins for many years. This 4.5 mile section of road is developing into an urban arterial. CDOT made proposals for transfer of ownership of Harmony Road in the past,but the City resisted because of the additional costs involved. In the most recent discussions CDOT offered funds in a one-time payment to the City to fund , upgrades and offset the cost of maintenance cost over the next 20 years. CDOT and the City's Transportation staff worked together to develop estimates for the 20 year maintenance. CDOT will retain maintenance responsibility for the portion of Highway 68 between the west frontage road and June 7, 2005 -2- Item No. 22 A-B I-25, including the frontage road intersection. The City will accept responsibility for the portion west of the frontage road. CDOT is offering a one-time payment of$13,700,000 to the City to take ownership on this section of Harmony Road. There is some urgency to this matter because part of these funds need to be committed by CDOT within its current fiscal year (before July 31, 2005). BACKGROUND The Colorado Department of Transportation and City of Fort Collins Transportation Services have been discussing the transfer of ownership of Harmony Road from CDOT to the City of Fort Collins for many years. This 4.5 mile section of road is developing into an urban arterial. CDOT made proposals for transfer of ownership of Harmony Road in the past, but the City resisted because of the additional costs involved. In the most recent discussions CDOT offered funds in a one-time payment to the City to fund upgrades and offset the cost of maintenance cost over the next 20 years. CDOT and the City's Transportation staff worked together to develop estimates for the 20 year maintenance. CDOT will retain maintenance responsibility for the portion of Highway 68 between the west frontage road and I-25, including the frontage road intersection. The City will accept responsibility for the portion west of the frontage road. CDOT is offering a one-time payment of$13,700,000 to the City to take ownership on this section of Harmony Road. There is some urgency to this matter because part of these funds need to be committed by CDOT within its current fiscal year(before July 31, 2005). Staff recommends that City Council approve the transfer at this time for the following reasons: • Fort Collins will have full control of the future design, construction, and maintenance of Harmony Road. • Fort Collins will no longer have to seek A-Line access approval from CDOT related to development. • Fort Collins can modify the Access Control Plan on its own without CDOT involvement. • It is highly unlikely that CDOT will be able to accumulate this amount of funds in the future to pay the City. At the February 22,2005 study session,the six City Council members present gave direction to the City Manager to send a letter to the Colorado Department of Transportation to pursue the possibility of taking over ownership on Harmony Road. On March 17,2005,the Transportation Commission of Colorado adopted Resolution TC-1333 that transfers the ownership of Harmony Road (State Highway 68) from CDOT to the City of Fort Collins. The proposed transfer was reported to the Fort Collins Transportation Board at its April 2005 meeting. The Board members offered no objection. June 7, 2005 -3- Item No. 22 A-B ATTACHMENTS 1. Letter to Karla Harding, Regional Transportation Director, Region IV, CDOT ATTACHMENT 6aCity Manager's Office City of Fort Collins February 23, 2005 Karla Harding Regional Transportation Director Colorado Department of Transportation, Region 4 1420 2nd Street Greeley, CO 80631 RE: State Highway 68 Abandonment Dear Ms. Harding: This letter is intended to document discussions between our staffs, and to serve as a formal request from the City of Fort Collins to remove State Highway 68 (East Harmony Road), between US Highway 287 and the Harmony Road/1-25 Transfer Center, from the state highway system. The City of Fort Collins wishes to exercise local control over the development and access within this important corridor, which has become more urban in nature as compared to the rural highway it once was. The entire roadway is within the City's Urban Growth Area. The Colorado Department of Transportation(CDOT) is interested in minimizing the total mileage in the state highway system while providing a comprehensive, regional system. To facilitate the proposed transition, we understand that CDOT agrees to make a one-time payment to the City in the approximate amount of$13.65M to account for the state's share of upgrading the condition of the roadway to an acceptable standard as well as covering the costs of operation and maintenance for a 20-year period. Based on these mutual interests, the City of Fort Collins would like to request that CDOT initiate the process of developing an intergovernmental agreement for formal consideration by both parties, which will remove this segment of roadway from the state highway system and give the City of Fort Collins full jurisdiction over the road. Sincerely, Darin A. Atteberry City Manager 300 LaPorte Avenue • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6505 r FAX(970)224-6107 • TDD(970)2246001 www.fcgov.com 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 of the City Council held this 7th day of June,A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" Agreement No. Region 4—Fort Collins INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), made this day of 2005, by and between the STATE OF COLORADO DEPARTMENT OF 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 C); and 1 WHEREAS, the State has agreed to provide the total sum of S 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 2 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 1-25 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. 3 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. 4 (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 24-30-202(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 State 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 extra-judicial body or person or which is othenvise 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 5 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 Governor's 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 Stale 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 8 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 Dale:April 1,2004 6 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: CITY OF FORT COLLINS BILL OWENS, GOVERNOR By City of Fort Collins Executive Director By: Douglas P.Hutchinson,Mayor Department of Transportation ATTEST: Social Security Number or FEIN Chief Clerk Attest(Seal)By APPROVED: City Clerk Attorney General'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 By: Date: 7 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. 8 0m G E " EoR Cum 00 cc o c ���-����� l Z CO N Cm � > Cl) °' E 22< 2 a► . E' IL �• o Zi C• M T i11 as 3 mujJ K r � i Z J � r / }: o s' R - LL! J r. _ �y Resolution Number TC-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. JE6ER WE TER, Secretary TRANSPORTATION COMMISSION OF COLORADO Dated: April 12, 2005 EXHIBIT "C" 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 of the City Council held this 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 067, 2005 OF THE COUNCIL OF THE CITY OF FORT 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 43-2-106(l) 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(1) C.R.S. 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 on the 5th day of July, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of July, A.D. 2005. Mayor ATTEST: City Clerk Resolution Number TC-1333 EXHIBIT "A" 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 %00,151 . JEfqN& Lc� ER WE TER. Secretary TRANSPORTATION COMMISSION OF COLORADO Dated: April 12, 2005