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HomeMy WebLinkAbout1957 Ordinance No. 032BY AUTHORITY ORDINANCE NO. 32, SERIES OF 1957 AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE HIGHWAY COMMISSION OF COLORADO FOR THE PUR- POSK OF IMPROVING A PORTION OF STATE HIGHWAY NO. 87 WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CT.ERK TO EXECUTE SAID AGREEMENT ON BEHALF CF THE CITY. BE IT ORDAINEn BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council of the C it y of Englewood, Colorado, hereby approves the hereinafter set forth agreement with the State Highway Commission of Colorado, and authorizes and directs the Mayor and City Clerk to execute said agreement on behalf of the City: A G R E E M E N T us 0162(2) South Broadway Englewood THIS AGREEMENT, made this day of , A. D. 1957, by and between the STATE HIGHWAY COMMISSION OF COLORADO, a body corporate, acting for the use and benefit of the DEPARTMENT OF HIGHWAYS of the STATE OF COLORADO, hereinafter referred to as the "D epartment", a ::i ti the CITY OF ENGLEWOOD, hereinafter referred to as the "City"; ITNESSETH: that HEREAS, under the authorit y of the laws of the United States and of the State of Colorado, by and with the concurrence and approval of the Uni~ed States Bureau of Public Roads, certain Federal and State funds have been allocated for the purpose of improving a portion of State Highway No. 87 which passes through the City, or what is known as South Broadway, said improve- ment being known as US 01 62(2), the route and general plan of such project being shown on Ex- hibit "A" which is attached hereto and by reference incorporated as a part hereof, and WHEREAS, this portion of State Highway No. 87 will, when completed, be a finished four- lane street and highway with raised median, two lanes for parallel parking and provision for left turns at intersections, and HEREAS, the parties desire to agree upo n certain construction and maintenance features and upon traffic regulations to become effective after construction. NOW, THEREFORE, in consi deration of the mutual covenants set forth hereinafter and the faithful performance thereof, the parties agree as foll ows: 1. The Department will make all plans and specifications for the project designated as US 0162(2), South Broadway, and will let the contract for and supervise the construction of the project, all with funds allocated by the Federal and State governments and without expense to the City for such construction except as set forth hereinafter. The preliminary plans as prepared by the Department are hereby accep ted and approved by the City subject to the right of either the Depar tment or the City to correct minor discrepancies and make minor deviations in details provi ded that both parties are advised of such changes and agree thereto. 2. The ne~artment will, at its sole expens e, obtain and clear all necessary privately owned land required for right of way. The City will secure all necessary right of way over lands owned by the City, or any other affiliated municipal subdivisions. In the event that it becomes necessary to acquire any of the land by exercising the governmental right of eminent domain, such procedures will be handled by the Department. 3. Construction Details: The Department will construct the entire project at its sole expense except for the following listed construction items to be performed by the City: (a) The City shall inst all all necessary sanitary sewers serving city usage. The City will further construct any irrigation systems and install any land- scaping which the City desires to construct or install provided that written approval is first obtained from the Department .• (b) All signs inst alled under the construction contract between the Department aJXl its contractor shall not be changed by the City, and any new construction signs or signals are not to be erected by the City without prior written approval of the Department. (c) If the City desires t o have the Department or its contractor perform any of the work which is the obl igation and expense of the City hereunder, or as agreed hereafter, the City may request said work to be done by the Department or its contractor and the City hereby agrees to reimburse the Department for any costs ex- pended by the Department therefor. 4. Traffic Regulations: The plans for said project will provide for left-turn move- ents as indicated on Exhibit "A" at the following intersections: (a) (b) Quincy Avenue Radcliffe Avenue Stanford Avenue Tufts Avenue Belleview Avenue Union Avenue Layton Avenue Chenango Avenue West Grand Avenue The City will, by ordinance, prescribe a speed limit of 35 miles per hour along South Broadway within the limits of this project. This speed regu- lation may be modified by the City provided that prior written approval is first obtained from the Department. 5. Maintenance of the roadway proper and the structure except sidewalks aIXi driveways shall be the responsibility of the Department. 6. The City shall furnish to the Department certified copies of all ordinances enacted by the City for the purpose of carrying out the provisions of this Agreement. 7. This Agreement may be modified at any time by the mutual consent of the parties hereto as may be necessary in order t o complete the street and highway improvement. ., I " •• 8. This Agreement shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado, or by such assistant as he may designate. 9. This Agreement is executed under the authority of the laws in such cases made and provided, and with reference to the signatories on behalf of the City by virtue of an ordin- ance duly passed on , A. D. 19 , and shall be binding upon and in- ure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the par~ies hereto have caused this Agreement to be executed on the day and year first above written . A'ITEST: Cllief C ler"K ATTEST: Recorder of the City oT YngTewooo (SEAL) APPROVED AS TO FORM: DUKE W. DUNBAR, Attorney Genera l B Depu-iyAttorney General. APPROVED: StaTu--COn tro II er THE STATE HIGHWAY COMMISSION OF COLORADO, a body corporate, for the use and bene- fit of the DEPARTMENT OF HIGHWAYS of the STATE OF COLORADO By ~~~~~~--MARK ...... ~-u-.-..w~x~T-a~oNc-s--~~~~~~~ Administrative Officer APPROVED: State PUrchasing-xgent APPROVED: GOVERNOR of the State of Colorado Section 2. The City Council hereby finds, determines and declares this ordinance is neces- sary for the immediate preservation of the public peace, health, safety and convenience. Section 3. In the opinion of the City Council an emergency exists; therefore, this ordin- ance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 19th day of August, A. D. 195 7, and ordered published in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the day of September, A. D. 1957, and ordered publish~(l~ of Englewood, Colorado, this 16 lewood Herald and Enterprise. ~ A'ITEST: ///. . - I, J. L. Barron, City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing Ordinance was introduced and read in full and ordered published as pro- posed Ordinance for the meetings of August 19th and September 16th, 1957, held by the City Council of the City of Englewood, Colorado, on said dates and the same was published in the Englewood Herald and Enterprise, September 19th, 1957, as Ordinance No. 32, Series of 1957. o~~,a'~- ~-~r-----crty-clerK . . ..