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HomeMy WebLinkAbout142 - 12/02/2008 - AMENDING ORDINANCE NO. 067, 2005, TO CLARIFY THE PORTION OF HARMONY ROAD THAT IS OWNED, CONTROLLED, 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 day of December,A.D.2008. i Mayor ATTEST: ' City Clerk O Passed and adopted on final reading on the 2nd day of ce ber, A.D. 2008. / ' r Mayor ATTEST: City Clerk