HomeMy WebLinkAbout067 - 07/05/2005 - ACCEPTING THE ABANDONED PORTION OF STATE HIGHWAY 68 (HARMONY ROAD) FROM MILE POST 0.00 TO MILE POST 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 o e 5th day of July, A.D. 2005.
M or
ATTEST:
0
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2005.
age
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
17 005.
JE6ER TER, Secretary
TRANSPORTATION COMMISSION OF COLORADO
Dated: April 12, 2005