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HomeMy WebLinkAbout2004-077-06/15/2004-AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF REVENU RESOLUTION 2004-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF TRANSFERRING OWNERSHIP OF CARPENTER ROAD/LARIMER COUNTY ROAD 32 AND ALL CONSTRUCTION AND MAINTENANCE OBLIGATIONS APPERTAINING THERETO FROM THE CITY TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the Colorado Department of Transportation (CDOT) has entered into discussions with Latimer County, Weld County, the City of Greeley and the City of Fort Collins to explore the trade of jurisdiction of several northern Colorado roadways,and in particular,the transfer of ownership of Larimer County Road 32/Carpenter Road, from the City and Latimer County to CDOT; and WHEREAS,this transfer would relieve the City of financial responsibility for improvements, operation and maintenance of Carpenter Road and is estimated to save the City transportation expenses in the range of$15 to$33 million for future capital and street oversizing costs and as much as $20,000 to $46,000 per mile, per year, in operation and maintenance costs; and WHEREAS, after receipt of the recommendations and advice of the Natural Resources Advisory Board, the Planning and Zoning Board, and the Transportation Board, the Council has determined that it is in the best interest of the City to cede jurisdiction of Carpenter Road to CDOT, thereby relieving the City of a substantial financial obligation by making it possible for CDOT to fund improvements to Carpenter Road and with the ancillary effect of relieving congestion on surrounding roads, including the Harmony Road Corridor; and WHEREAS,the Council has further determined that it is important to ensure that CDOT,in its operation of Carpenter Road,respect and protect the natural area lands that adjoin Carpenter Road and that care must be taken in the planning and design of future improvements of the road to ensure that CDOT minimizes the potential for impacts to the natural areas and maximizes the mitigation of any impacts that are unavoidable; and WHEREAS,the proposed agreement requires CDOT to incorporate context-sensitive design principles and the findings and recommendations of the applicable National Environmental Protection Act(NEPA)analysis in constructing future improvements to Carpenter Road in order to ensure that great care is taken to mitigate environmental impacts and find solutions that balance environmental sensitivities with mobility needs. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an agreement with the Colorado Department of Transportation for the transfer of ownership(and all attendant ownership obligations) of Carpenter Road from the City to CDOT in accordance with the terms and conditions of that certain agreement attached hereto and incorporated herein as Exhibit "A", and in particularly in accordance with the terms and conditions pertaining to environmental protection; with such modifications and additional terms i as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 15th day of June,A.D. 2004. yor ATTEST: City Clerk EXHIBIT "A" AGREEMENT THIS AGREEMENT,dated this day of ,2004,is by and between the City of Fort Collins,a political subdivision of the State of Colorado,hereinafter referred to as"City,"and the Colorado Department of Transportation, a department of the State of Colorado, hereinafter referred to as "CDOT." WTTNESSETH: WHEREAS, the City owns and maintains 1.335 miles of Carpenter Road(Latimer County Road 32) between Interstate 25 and US Highway 287; and WHEREAS,the City and CDOT mutually desire to transfer ownership and maintenance of that length of Carpenter Road located within the City to CDOT. NOW,THEREFORE,in consideration of the mutual covenants and promises stated herein, the parties hereto agree as follows: I. TRANSFER OF CARPENTER ROAD/LARIMER COUNTY ROAD 32: On or before the 31st day of December,2004,the City shall convey to CDOT,by quitclaim deed, that length of Carpenter Road located within the City, between Interstate Highway 25 and US Highway 287, which portion is more particularly described as extending from milepoint 1.010 (Lemay Avenue) to milepoint 2.240 (City limit). CDOT agrees to accept said conveyance and,upon delivery of the deed, CDOT will commence maintenance of the road conveyed to it by the City. 2. EACH ENTITY TO BEAR ITS OWN COSTS: The City and CDOT agree to each bear its own costs of effectuating the conveyance. 3. PRELIMINARY CORRIDOR ANALYSIS: Within three years of execution of this Agreement,CDOT, in cooperation with the City and Latimer County, shall conduct a preliminary corridor analysis to examine relevant environmental and natural areas issues, anticipated future roadway demand, and potential roadway alignments that minimize impacts to key environmentally sensitive areas. This analysis shall be contingent upon sufficient funds therefor being appropriated, budgeted, and otherwise made available for such purpose from the funding agency or agencies. 4. ROADWAY DEVELOPMENT. Roadway design for Carpenter Road in the corridor shall comport with the design standards of the City as contained in the "Latimer County Urban Area Street Standards." 5. ENVIRONMENTAL PROTECTION: For future improvements to Latimer County Road 32 and Carpenter Road, CDOT shall incorporate context sensitive design principles and the findings and recommendation of the applicable National Environmental Protection Act(NEPA) analyses,in order to ensure that great care is taken to mitigate environmental impacts and find solutions that balance environmental sensitivities with mobility needs. 6. ENTIRE AGREEMENT: This writing constitutes the entire agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 7. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any person not included in this Agreement. 9. SUBJECT TO APPROVAL: This agreement is subject to approval by the Colorado Transportation Commission. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day first above written. ATTEST: CITY OF FORT COLLINS, a Colorado municipal corporation By: By: City Clerk Mayor Approved as to form: COLORADO DEPARTMENT OF TRANSPORTATION By Deputy City Attorney By: Title: