HomeMy WebLinkAbout2008-108-11/12/2008-AUTHORIZING THE MAYOR TO ENTER INTO A MODIFICATION AND RATIFICATION INTERGOVERNMENTAL AGREEMENT WITH RESOLUTION 2008-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO A
MODIFICATION AND RATIFICATION INTERGOVERNMENTAL AGREEMENT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
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. 067,2005,
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 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 determined that it is in the best interests of the City that
a Modification and Ratification of Intergovernmental Agreement be executed between the City and
CDOT to address these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a Modification and Ratification of
Intergovernmental Agreement with the Colorado Department of Transportation, which agreement
is attached hereto and incorporated herein as Exhibit"A", together with such additional terms and
conditions 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 special meeting of the Coun ' the City of Fort Collins this 12th
day of November A.D. 2008.
Mayor ,
ATTEST:
City Clerk ks
EXHIBIT A
MODIFICATION AND RATIFICATION OF
INTERGOVERNMENTAL AGREEMENT
THIS MODIFICATION AND RATIFICATION OF INTERGOVERNMENTAL
AGREEMENT (the "Agreement") is made this day of November, 2008, by and between
the State of Colorado Department of Transportation, whose address is 4201 East Arkansas
Avenue, Denver, Colorado, 80222, hereinafter referred to as the "State" or "CDOT", and the
City of Fort Collins, whose address is 300 LaPorte Avenue, Fort Collins, Colorado, 80521,
hereinafter referred to as the "City" or"Fort Collins".
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 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 Council of the City of Fort Collins adopted on second reading Ordinance No. 067,
2005, accepting the abandoned portion of State Highway 68/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 CDOT entered into an intergovernmental
agreement regarding the transfer of ownership of State Highway 68/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
WHEREAS, subsequent to said transfer of ownership, the City and CDOT have
conducted themselves in full conformance with the 2005 Agreement; and
WHEREAS, it has come to the attention of the parties that the milepost measurement as
adopted by Resolution No. TC-1333 and as referenced in City Council Ordinance No. 67, 2005,
may have transferred ownership of State Highway 68/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 parties intended to refer to the
traffic signal at the intersection of Harmony Road and the entrance to the City's "Transit
Center'; and
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WHEREAS, the parties 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").
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,
including the payment by CDOT to the City of $13,700,000, the parties agree that the 2005
Agreement is hereby ratified and confirmed except for the following modifications and
additional provisions:
1. The Recitals set forth above are incorporated by reference. The abandonment of
State Highway 68/Harmony Road from milepost 0.00 to milepost 4.468 is hereby amended to
constitute an abandonment from milepost 0.00 to the 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 comer 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,
with roadway maintenance responsibilities to be conducted by CDOT east of the Eastern
Terminus as originally intended in Paragraph II(G) of the 2005 Agreement.
2. Paragraph II(A) of the 2005 Agreement is hereby amended to provide that
Resolution TC-1333, though dated March 17, 2005, was certified as of April 12, 2005, and upon
said date was delivered to the City as official notification of such abandonment, whereupon the
City adopted its Ordinance No. 67, 2005, accepting transfer of ownership.
3. Paragraph II(G) of the 2005 Agreement is hereby amended to provide that the
City shall be responsible for the maintenance of the traffic signal located at the intersection of
Harmony Road and the entrance to the "Transit Center."
4. The abandonment of the Transportation Commission on March 17, 2005, and the
acceptance of that abandonment by the City Council by passage of Ordinance No. 67, 2005, on
July 5, 2005, constitute a full and complete transfer of ownership of that portion of State
Highway 68/Harmony Road from milepost 0.00 to the Eastern Terminus. The City hereby
relinquishes any claim or interest in State Highway 68/Harmony Road east of the Eastern
Terminus and hereby surrenders the same to CDOT.
5. This modification and ratification shall constitute an estoppel against either of the
parties from rescinding the 2005 Agreement because of any mistake of fact in said
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intergovernmental agreement with regard to the portion of State Highway 68/Harmony Road to
be abandoned and conveyed to the City.
6. The parties agree to create and/or execute such additional resolutions, ordinances,
instruments of conveyance or other documents, if any, as they mutually determine may be
necessary to effectuate the purposes of this Agreement.
7. That all terms and conditions of the 2005 Agreement, except as modified herein,
are hereby ratified and made a part of this Agreement as though set forth specifically verbatim
herein including, without limitation but for the purpose of emphasis, the provisions contained in
paragraphs II(H) and (J), pertaining to severability and third party beneficiaries, respectively.
THIS SPACE LEFT INTENTIONALLY BLANK
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CITY OF FORT COLLINS, COLOR-ADO
By:
Douglas P. Hutchinson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF COLORADO:
BILL RITTER, GOVERNOR
By:
Executive Director
Department of Transportation
ATTEST:
Chief Clerk
APPROVED:
Attorney General's Office
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