HomeMy WebLinkAbout2000-125-10/03/2000-AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE BURLINGTON NORTHER RESOLUTION 2000-125
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE BURLINGTON NORTHERN SANTA FE RAILROAD
REGARDING THE MASON STREET TRANSPORTATION CORRIDOR
WHEREAS, on April 8, 1997, voters approved Ordinance No. 30, 1997, which
authorized the funding of Phases 1 and 2 of the Mason Street Transportation Corridor (the
"Corridor"); and
WHEREAS, the Corridor was defined in the ballot language as within the right of way of
the Burlington Northern Santa Fe Railroad (the "Railroad"); and
WHEREAS, the Railroad and the City would like to enter into a Memorandum of
Understanding in order to establish a basic understanding and foundation for creating and
implementing a formal and detailed agreement between the City and the Railroad regarding the
transportation improvements and operations to be conducted in the Mason Street Transportation
Corridor; and
WHEREAS, the City Council has determined that a Memorandum of Understanding is in
the best interest of the City in order to begin the first phase of construction of the Corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the City Manager be, and hereby is, authorized to enter into a
Memorandum of Understanding with the Burlington Northern Santa Fe Railroad for the purpose
of establishing a basic understanding regarding conditions for the use of the Railroad right of
way for the Mason Street Transportation Corridor, a copy of which is attached hereto as Exhibit
"A", subject to such modifications in form or substance as the City Manager, in consultation
with the City Attorney, may deem necessary to effectuate the purposes of this Ordinance or to
protect the interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 3rd day of October, A.D. 2000.
Mayor
ATTEST:
ItL VJ) 0
City Clerk ,
EYJHBIT "A"
MASON STREET TRANSPORTATION CORRIDOR
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, is executed this day of
, 2000, by and between the City of Fort Collins, Colorado, a municipal
corporation (hereinafter referred to as "City") and the Burlington Northern and Santa Fe Railway
Company(hereinafter referred to as "BNSF").
WITNESSETH:
WHEREAS,the City is undertaking a project to improve transportation and mobility in the
Mason Street Transportation Corridor between Cherry Street(on the north)and Harmony Road(on
the south); and
WHEREAS, said project will consist of various improvements including pedestrian and
bicycle paths on the west side of the BNSF tracks and local bus lanes on the east side of the BNSF
tracks; and
WHEREAS, the purpose of this Memorandum of Understanding is to establish a basic
understanding and foundation for creating and implementing a formal and detailed agreement
between the City and BNSF regarding the transportation improvements and operations to be
conducted in the Mason Street Transportation Corridor pursuant to the project.
NOW,THEREFORE,in consideration of the mutual promises of the parties and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
1. The City and BNSF shall cooperate together in a coordinated effort to prepare and
execute a formal and detailed agreement concerning the transportation improvements and operations
to be implemented and constructed in the Mason Street Transportation Corridor which agreement
shall be jointly developed, executed and implemented by the City and BNSF.
2. The City shall serve as the "lead party" in the coordination and development of the
agreement and shall designate a staff person to represent the City in the City's role as the lead party.
3. The BNSF shall designate a contact individual to serve as liaison in cooperating with
the City in developing the agreement and shall respond to issues presented by the City in a timely
manner(typically within thirty days) during the development and negotiation of the agreement.
4. The agreement will address, without limitation, the following topics:
a. identification of the transportation improvements and enhancements to be
made in the Mason Street Transportation Corridor.
b. funding resources and funding participation of the parties for each of the
Mason Street Transportation Corridor improvements.
C. ownership (and duration of ownership, as applicable) of each of the Mason
Street Transportation Corridor improvements.
d. time requirements for performance of the various obligations contained in the
agreement.
e. allocation ofresponsibilities between the City and BNSF for repair,operation
and maintenance of each of the corridor improvements, for keeping said
improvements in good and operable condition, for the protection of public
safety, and for a determination of liability (and insurance requirements) to
each other and to third parties in the event of injury or damage.
f. standards for the construction and maintenance of each of the Mason Street
Transportation Corridor improvements.
g. identification and resolution of transportation operations related problems
and issues in the Mason Street Transportation Corridor, including, as
appropriate, the identification of individuals on the staff of the City and
BNSF to serve as contact persons in the resolution of such problems.
h. establishment of a process and procedure for accomplishing the
implementation of the design,construction,operation and maintenance of the
future transportation improvements or enhancements in the Mason Street
Transportation Corridor and/or any extensions to said corridor.
i. such other issues as the parties determine are necessary to address for the
efficient and complete establishment of the Mason Street Transportation
Corridor Project.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding
the day and year first above written.
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By:
John F. Fischbach, City Manager
Attest:
City Clerk
Approved as to form:
Deputy City Attorney
BURLINGTON NORTHERN SANTA FE
RAILWAY
By:
Robert W. Carter, Manager, Public Projects
Attest:
Secretary
Approved as to form:
Attorney