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HomeMy WebLinkAbout1987-067-05/05/1987-AGREEMENT INTERIM OPERATING SERVICES MODIFY TERMS TROLLEY LINE WEST MOUNTAIN AVENUE RESOLUTION 87-67 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER ENTER INTO AN AGREEMENT TO MODIFY THE INTERIM OPERATING SERVICES AGREEMENT WITH THE FORT COLLINS MUNICIPAL RAILWAY SOCIETY TO OPERATE A TROLLEY LINE ON WEST MOUNTAIN AVENUE WHEREAS, the Fort Collins Municipal Railway Society (hereinafter referred to as the "Society") has restored a trolley car which was in operation as part of the Municipal Railway of the City; and WHEREAS, the Society has reconstructed a trolley line on a portion of West Mountain Avenue; and WHEREAS, the City and the Society entered into an Interim Operating Services Agreement on April 2, 1985 to allow operation of the trolley line on West Mountain Avenue; and WHEREAS, the term of the Interim Operating Services Agreement was extended by the City and the Society on March 17, 1987; and WHEREAS, according to Section 19 of said agreement, the City and the Society may modify the terms of the agreement; and WHEREAS, the City and the Society desire make certain modifications to said agreement to continue the operation of the trolley line so to provide an opportunity for the residents of the City of Fort Collins and visitors to observe, experience and appreciate an example of living history. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is authorized to enter into an agreement to modify the terms of the Interim Operating Services Agreement dated April 2, 1985 as summarized in Exhibit "A" attached hereto. Such modifications shall be in effect from the date of signing until December 31, 1987. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of May, A.D. 19� ATTEST- City Clerk Exhibit "A" TERMS FOR MODIFICATION OF THE INTERIM OPERATING SERVICES AGREEMENT WITH THE FORT COLLINS MUNICIPAL RAILWAY SOCIETY I . Replace Section 3b, paragraph 1 with the following paragraph: B. Special Operations (Charters) The Society may contract with individuals or groups for the Society to provide trolley service to the individual or group during the following schedule, Saturday, Sunday and City Observed Holidays from 10:00 am to noon and on Tuesdays, Wednesdays and Thursdays from 10:00 am through 4:00 pm, March through October. 2. Replace Section 12 with the following: 12. Stops The Railway Society may stop the trolley at the intersection of the trolley line with McKinley Street, Shields Street, and Loomis Street and near the east terminus of the trolley line for the purpose of allowing passengers to board or disembark from the trolley, so long as the stops may be accomplished safely. The Society must provide an acceptable operational plan designating specific stop locations, pedestrian walkways, pedestrian waiting areas and signing. All costs associated with the operation shall be borne by the Society. If in the opinion of the City such stops are determined to adversely affect vehicular or pedestrian traffic flow, pedestrian access, or parking along the trolley route, or may endanger the safety of boarding or disembarking passengers, City staff may at its discretion direct the Society to discontinue any or all such stops. 3. Replace Section 15a with the following: A. City Representative The City designates the City Manager or his named designee as its representative and authorizes the representative to make all necessary and proper decisions with reference to the operation of the trolley system. The representative shall also be authorized to allow special operations of the trolley outside of the hours of operation or special operation as otherwise contained within this agreement. Within 30 days of the adoption of this Resolution, guidelines for special operations of the trolley outside of the hours of operation shall be developed by the City representative. All contract interpretations and requests for clarifications or instructions shall be directed to the representative. 4. Add the following paragraph to Section 10a: The Society may contract with the City for clearing of leaves and other debris from the tracks. Such request for contract services shall customarily be made two (2) working days prior to the date on which the services are desired. The City may consider the availability of personnel and equipment or any other limitation in granting or denying such requests. The Society agrees to pay the City a predetermined hourly rate covering all direct costs incurred by the City in providing the service requested.