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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 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 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 Page 4 of 4