HomeMy WebLinkAbout1999 Ordinance No. 077.. , .-
•
•
•
ORDINANCE N0 .1J_
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO. 79
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO DEPARTMENT
OF TRANSPORTATION (CDOT) FOR THE ABANDONMENT OF SOUTH
BROADWAY BY THE STATE FROM U.S. HIGHWAY 285 SOUTH TO THE CITY OF
ENGLEWOOD'S SOUTH CITY LIMIT.
WHEREAS, the City has maintained South Broadway from U.S. Highway 285
south to the City of Englewood's South City limits, including snow removal and signal
maintenance and has been reimbursed approximately $40 ,000 per year by CDOT for
this work; and
WHEREAS , in 1998 CDOT approached the City requesting that South Broadway,
from U.S . Highway 285 to Englewood's south City limit be abandoned as a State
Highway; and
WHEREAS , CDOT is actively pursuing eliminating eligible roadways from the
State Highway System ; and
WHEREAS , presently south Broadway north of U .S . Highway 285 is a City street
and south of Highway 285 is State Highway 75; and
WHEREAS, Littleton has agreed to accept a portion of State Highway 75 as part of
the Littleton Street System ; and
WHEREAS, negotiations with CDOT included the City's request for their
participation in the Broadway Widening project from Yale to U .S. Highway 285; and
WHEREAS , the negotiations concluded with CDOT's commitment to pay one-half of
the City's match, not to exceed $370 ,000 , for the Yale to U.S. 285 Broadway Widening
project with an additional one time cash payment of $130 ,000 by CDOT; and
WHEREAS , the City Council of the City of Englewood passed Ordinance No . 66 ,
Series of 1999, authorizing an intergovernmental agreement with CDOT funding the
widening of South Broadway from U .S . Highway 285 to Yale Avenue in the City of
Englewood; and
WHEREAS , the passage of this Ordinance will authorize an intergovernmental
Agreement with CDOT for CDOT's abandonment of South Broadway from U.S.
Highway 285 to the City's south City limit and transferring this section of roadway to
the City;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
-1-
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes A
"Contract" with the State of Colorado Department of Transportation (CDOT) for the
abandonment of South Broadway between U.S. 285 and the City of Englewood's south
City limit by CDOT and the acceptance of this section of South Broadway by the City
of Englewood, attached as "Exhibit A".
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the "Contract" with CDOT for and on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 61h day of December,
1999.
Published as a Bill for an Ordinance on the 10th day of December, 1999.
Read by title and passed on final reading on the 20th day of December, 1999.
Published by title as Ordinance No.1.2, Series of 1999, on the 24th day of
December , 1999.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copH52f the Ordinance passed on final reading
and published by title as Ordinance No. ff Series of 1999.
-2-
·. .
•
•
•
•
•
•
CONTRACT
THIS CONTRACT, made this __ day of ________ , 19 __ , by
and between the State of Colorado for the use and benefit of THE DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "State" or "COOT", and the CITY OF
ENGLEWOOD, STATE OF COLORADO, hereinafter referred to as "the City",
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, by ordinance number ___ , dated ________ , 1999 the City
indicated to the State their interest in taking possession of that portion of State Highway
75 , lying within the City of Englewood from State Highway 285 to the south City limit of
Englewood, as shown in Exhibit A, which is attached hereto and incorporated herein ,
and is hereinafter referred to as the "Abandoned Property " ; and
WHEREAS, at their meeting on ________ the State Transportation
Commission adopted Resolution TC-__ , which is attached hereto (Exhibit B) and .
incorporated herein by this reference, which authorized abandonment of the
Abandoned Property, and
WHEREAS, the parties desire to enter into this contract to agree upon the conditions of
the SH 75 abandonment by the State and acceptance by the City of the SH 75 Right of
Way ; and
WHEREAS , the parties are authorized to enter into this contract pursuant to the
provisions of Sections 29-1-203, 43-2-106, 43-1-110, 43-1-114, and 43-2-144, C.R.S.,
as amended and pursuant to the attached ordinance (Exhibit C) from the City .
E x
H
I
B
I
T
A
NOW, THEREFORE, it is hereby agreed that:
1. This contract establishes the general provisions for and defines certain
responsibilities regarding the State's abandonment to the City of Englewood, State
of Colorado and the City's acceptance of that portion on SH 75 as shown on
Exhibit A. Elements of the abandonment and acceptance include the one time
payment of $130,000.00 to the City , for the purpose of maintaining the Abandoned
Property , following the abandonment to the City.
The State payment as described herein, plus the one time 10% match funds , not
to exceed $370,000 to be used for the Broadway (SH75), US 285 to Yale project
No. STU 2854-071 , which will be conveyed by a separate contract, shall constitute
the total consideration from the State to the City related to the abandonment and
transfer of the Abandoned Property .
In addition, the State will transfer to the City, other funds in the form of a 10 %
match, not to exceed $370,000, for the section of Broadway , from State Highway
285 north to Yale Avenue , which will be conveyed to the City by a separate
contract as part of the contract for construction of State project no . STU 2854-071 .
The State shall also be responsible for the maintenance of the traffic signals at
Broadway (SH 75) and Belleview (SH 88). The City will own and maintain the
signals located at US 285 (Hampden) and Broadway at the city 's expense.
2. By Resolution TC-__ dated _______ , attached hereto as Exhibit B, the
State has provided notice of State's abandonment of the SH 75 right of way, as
referenced on Exhibit A, within the City .
2
•
•
•
• 3 . The City adopted ordinance number __ on _____ , 1999 a copy of
which is attached hereto and made a part hereof as Exhibit C, whereby SH 75, as
referenced on Exhibit A within the limits of the City, shall become part of the city's
street system and the sole responsibility for SH 75 within the described limits in the
City, including both minor and major maintenance, shall be transferred from the
State to the City. The maintenance by the City includes the roadway surface of
the bridges over State Highway 285, while the State shall maintain the bridge
superstructure, abutments, and retaining walls for the State Highway 285 bridges
and US 285 off and on ramps.
4 . This contract is intended as the complete integration of all understandings
between the parties . No prior or contemporaneous addition , deletion, or other
amendment hereto shall have any force or effect whatsoever , unless embodied
herein by writing. No subsequent novation, renewal , addition, deletion , or other
• amendment hereto shall have any force or effect unless embodied in a written
executed and approved pursuant to the State Fiscal Rules.
•
5 . This contract shall inure to the benefit of and be binding upon the parties, their
successors and assigns .
6 . The "Special Provisions" attached hereto are hereby made a part hereof. For the
purpose of this contract, the City shall be known as "the contractor'' for purpose of
the Special Provisions .
7. To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the contract, the
terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure
shall not affect the validity of any other term or provision hereof. The waiver of any
3
breach of a term hereof shall not be construed as a waiver of any other term, or
the same term upon subsequent breach.
8. It is expressly understood and agreed that the City shall not in any respect be
deemed an agent of the State.
9. It is expressly understood and agreed that enforcement of the terms and
conditions of this contract , and all rights of action relating to such enforcement ,
shall be strictly reserved to the City and the State, and nothing contained in this
contract shall give or allow any such claim or right of action by any other or third
person on such contract. Further, it is the express intention of the City and the
State that any person other than parties hereto that may receive services or
benefits under this contract shall be deemed to be an incidental beneficiary only .
10 . The City represents and warrants that is has taken all actions that are necessary
or that are required by its procedures , bylaws , or applicable law , to legally
authorize the undersigned signatory to execute this contract on behalf of the City
and to bind the City to its terms .
4
..
•
•
•
,,.' '.. ·"
•
•
•
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first above written .
ATTEST :
Chief Clerk
APPROVED:
ARTHUR L. BARNHART
State Controller
ATTEST:
STATE OF COLORADO
BILL OWENS, GOVERNOR
•
Executive Director
Department of Transportation
KEN SALAZAR
Attorney General
By ____________ _
BARRY B. RYAN
Assistant Attorney General
Civil Litigation Section
CITY OF ENGLEWOOD
By ----------
l.Ducrishia A. Ellis
City Clerk
5
Thorras J. Burns, !1ay or
EXHIB IT "A" .. '
-:::: --..:.: .. ;.;_.
.' -:
(..;
1 1
l~
k=========·"========='~===================··
' ..
•7005
.. -· ....
.'
.... '. ,..._ ~ ~
•
•
•
COUNCIL COMMUNICATION
Date Agenda Item Subject
Intergovernmental Agreement
December 6, 1999 10 a ii with COOT for South Broadway
Abandonment
Initiated By Staff Source
Department of Public Works Ken Ross, Director of Public Works
Rick Kahm, Capital Projects Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A goal of Council is to utilize intergovernmental cooperation on projects that benefit all parties.
Council directed staff to negotiate with the Colorado Department of Transportation (COOT) regarding
this issue. Council approved Ordinance No. 66, Series 1999 approving and Intergovernmental
Agreement with the COOT funding the construction of S. Broadway from Hwy. 285 to Yale.
RECOMMENDED ACTION
Staff recommends council approval of a Bill for an Ordinance to enter into an agreement with the
Colorado Department of Transportation to accept S. Broadway, from Hwy. 285 to our South City Limit,
as part of our City street system .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1998 , COOT approached the City requesting that South Broadway, from Hwy. 285 to our South City
Limit, be abandoned as a State Highway. COOT is actively pursuing eliminating eligible roadways from
the State Highway System. Council directed staff to negotiate with COOT.
Presently, South Broadway north of Hwy. 285 is a City Street and south of Hwy. 285 is State Hwy. 75.
Littleton has agreed to accept their portion of State Hwy. 75 as part of the Littleton Street System.
Englewood has maintained this portion of South Broadway, including snow removal and signal
maintenance, and has been reimbursed approximately $40,000 per year by COOT for this work.
Negotiations with COOT included our request for their participation in the Broadway Widening project
from Yale to Hwy. 285. Negotiations concluded with CDOT's commitment to pay one-half of our
match , not to exceed $370,000, for the Yale to 285 Broadway Widening project. Additionally, COOT
will make a one time cash payment of $130,000. Staff believes this $500,000 commitment is fair and
produces a win/win for COOT and the City.
CDOT's abandonment of this section of roadway transfers to the City all rights to approve access and
other traffic related issues.
FINANCIAL IMPACT
Approval of this agreement brings $500,000 to supplement funds budgeted for the "Broadway
Widening and Medians" project.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
Intergovernmental agreement