Resolution No. 44-10 (Word Version)

RESOLUTION NO. 44-10

A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GRAND JUNCTION, MESA COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) REGARDING US-6 ACCESS CONTROL PLAN AND STATE HIGHWAY 139

RECITALS:

U. S. Highway 6 and State Highway 139 are important transportation resources for Western Slope communities. As growth continues, traffic volumes on the highways in the study segment are expected to grow significantly.

Recognizing the need to plan for future growth along the corridors to maintain the capacity and increase safety, the three agencies pooled resources and contracted an engineering consulting firm to conduct a study and develop a comprehensive roadway access control plan to manage existing and future access points.

The goal of the plan is to provide appropriate access to the highways, while maintaining the safety and efficiency of the facility.

The adopted plan will provide landowners who develop their property adjacent to the Highway with a predictable, known location, configuration and conditions for their access, as well as the location of future traffic signals on the Highway.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO, THAT:

a. The attached intergovernmental agreement will provide for the coordinated regulation of vehicular access for the section of United States Highway 6 (M.P. 13.87 US 6A to M.P. 2.42-I70B) and State Highway 139 (M.P. 0.00 to M.P. 2.29)

b. That agreement is authorized and approved.

PASSED AND ADOPTED this 18^th day of October, 2010.

CITY OF GRAND JUNCTION, COLORADO

/s/: Teresa A. Coons

President of the Council

ATTEST:

/s/: Stephanie Tuin

City Clerk

INTERGOVERNMENTAL AGREEMENT

BY AND AMONG THE CITY OF FRUITA,

CITY OF GRAND JUNCTION, MESA COUNTY

AND

THE STATE OF COLORADO

BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION

UNITED STATES HIGHWAY 6 (M.P. 13.87 - US 6A to M.P. 2.42-I70B) AND STATE HIGHWAY 139 (M.P. 0.00 to M.P. 2.29)

ACCESS CONTROL PLAN

THIS AGREEMENT is entered into effective as of the ______ day of _________ 2010, by and among the City of Fruita and the City of Grand Junction, (hereafter referred to as the “Cities”), Mesa County (hereafter referred to as the “County”), and the State of Colorado, Department of Transportation (hereafter referred to as the “Department”), all of the parties being referred to collectively herein as the “Agencies” or solely as an “Agency”.

WITNESSETH:

WHEREAS, the Agencies are authorized by the provisions of Article XIV, Section 18(2)(a), Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions which they are authorized by law to perform on their own; and

WHEREAS, each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate access to public highways within its jurisdiction and which jurisdictions is further defined for the Cities by this Agreement as being within their current City boundaries; and

WHEREAS, the coordinated regulation of vehicular access to public highways is necessary to maintain the efficient and smooth flow of traffic without compromising pedestrian and alternative modes of transportation circulation, to reduce the potential for traffic accidents, to protect the functional level and optimize the traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public health, safety and welfare; and

WHEREAS, the Agencies desire to provide for the coordinated regulation of vehicular access for the section of United States Highway 6 from 12 Road (M.P. 13.87-US6A) west of Loma in unincorporated Mesa County, to 24 Road (M.P. 2.42-I70B) in the City of Grand Junction, and State Highway 139 from N ¼ Road (M.P. 2.42) north of Loma to I-70 (M.P. 0.00) south of Loma (hereafter referred to as the “Segments”), which certain portions are within the jurisdiction of the Agencies; and

WHEREAS, the Agencies desire to collaborate to assure all transportation modes including pedestrian, bicycle, and mass transit are given sufficient consideration and adequate funding support with each transportation improvement project that affects access within the identified project limits; and

WHEREAS, the Agencies and Department are partners in, and share responsibility for, the development and implementation of this access control plan and such partnership shall be represented to all parties affected by it; and

WHEREAS, the Agencies are authorized pursuant to Section 2.12 of the 2002 State Highway Access Code, 2 C.C.R. 601-1 (the “Access Code”) to achieve such objective by written agreement among themselves adopting and implementing a comprehensive and mutually acceptable highway access control plan for the Segments for the purposes above recited; and

NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein contained, the Agencies agree as follows:

1. This Agreement and the conclusions made in accordance with the Agreement shall constitute an approved Access Control Plan for the Segments, within the meaning of Section 2.12 of the Access Code.

2. The Agencies shall regulate access to the Segments in compliance with the Highway Access Law, Section 43-2-147, C.R.S. (the “Access Law”), the Access Code, and this Agreement including Exhibit A (“Appendix A: US 6 West/SH 139 Access Control Plan”) – which Exhibit by this reference is hereby incorporated into this document as though fully set forth herein. Vehicular access to the Segments shall be permitted only when such access is in compliance with the Access Law, the Access Code, and this Agreement, including Exhibit A.

3. Accesses which were in existence and fully complied with the Access Law prior to the effective date of this Agreement may continue in existence until such time as a change in the access is required by the Access Law, the Access Code, or this Agreement or in the course of highway construction. When closure, modification, or relocation of access is required, the Agency(ies) having jurisdiction shall utilize appropriate legal process to affect such action.

4. Actions taken by any Agency with regard to transportation planning and traffic operations within the areas described in Exhibit A to this Agreement shall be in conformity with this Agreement.

5. Lots or parcels of real property created after the effective date of this Agreement that adjoin the Segment shall not be provided with direct access to the Segment unless the location, use, and design thereof conform to the provisions of this Agreement.

6. This Agreement is based upon and is intended to be consistent with the Access Law and the Access Code as now or hereafter constituted. An amendment to either the Access Law or the Access Code which becomes effective after the effective date of this Agreement and which conflicts irreconcilably with an express provision of this Agreement may be grounds for revision of this Agreement. Conflicts shall be submitted to the Agencies for their review and revision of this Agreement.

7. This Agreement does not create any current financial obligation for any Agency. Any future financial obligation of any Agency shall be subject to the execution of an appropriate encumbrance document, when required. Agencies involved in or affected by any particular or site-specific undertaking provided for herein will cooperate with each other to agree upon a fair and equitable allocation of the costs associated therewith, but, notwithstanding anyother provision of this Agreement, no Agency shall be required to expend its public funds for such undertaking without the express prior approval of its governing body or director as applicable. All financial obligations of the Agencies, if any shall be contingent upon sufficient funds therefore being appropriated, budgeted, and otherwise made available.

8. Should any one or more sections or provisions of this Agreement be determined by a court of competent jurisdiction to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various provisions hereof are severable.

9. This Agreement supersedes and controls all prior written and oral agreements and representations of the Agencies concerning regulating vehicular access to the Segment. No additional or different oral representation, promise(s) or agreement shall be binding on any Agency. This agreement may be amended or terminated only in writing executed by the Agencies with express authorization from their respective governing bodies or legally designated officials. To the extent the Access Control Plan, attached as Exhibit A to this Agreement, is modified by a change, closure, relocation, consolidation or addition of an access, the Agencies may amend Exhibit A so long as the amendment to the Access Control Plan is executed in writing and amended in accord with the Access Law and Access Code. The Access Control Plan Amendment Process is stated in Exhibit B. Exhibit B is incorporated by this reference as if set forth.

10. By signing this Agreement, the Agencies acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed, and that the persons signing for each Agency have been duly authorized by such Agency to do so.

11. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement.

12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiaries only.

13. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one original Agreement. Facsimile signature shall be as effective as an original signature.

IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of the day and year first above written.

City of Fruita, Colorado ATTEST:

__________________________________ __________________________________

Mayor, City of Fruita City Clerk

APPROVED AS TO FORM:

__________________________________

City Attorney

City of Grand Junction, Colorado ATTEST:

__________________________________ __________________________________

Mayor, City of Grand Junction City Clerk

APPROVED AS TO FORM:

__________________________________

City Attorney

Mesa County, Colorado ATTEST:

__________________________________ __________________________________

Commissioner, Mesa County County Clerk

APPROVED AS TO FORM:

__________________________________

County Attorney

State of Colorado

Department of Transportation ATTEST:

__________________________________ __________________________________

Chief Engineer Date Chief Clerk

CONCUR:

__________________________________

Regional Transportation Director

“EXHIBIT – A”

ACCESS CONTROL PLAN

United States Highway 6 from 12 Road (M.P. 13.87 - US6A) west of Loma in unincorporated Mesa County, to 24 Road (M.P. 2.42 - I70B) in the City of Grand Junction, and State Highway 139 from N ¼ Road (M.P. 2.29) north of Loma to I-70 (M.P. 0.00) south of Loma

City of Fruita, City of Grand Junction, Mesa County,

and the State of Colorado Department of Transportation

I. PURPOSE

The purpose of this Access Control Plan (ACP) is to provide the Agencies with a comprehensive roadway access control plan for the pertinent segments of United States Highway 6 from 12 Road (M.P. 13.87 - US6A) west of Loma in unincorporated Mesa County, to 24 Road (2.42 - I70B) in the City of Grand Junction, and State Highway 139 from N ¼ Road (M.P. 2.29) north of Loma to I-70 (M.P. 0.00) south of Loma.

II. AUTHORITY

The development of this Access Control Plan was completed pursuant to the requirements of the Access Code, Section 2.12, and adopted by the foregoing Agreement.

III. RESPONSIBILITIES

It is the responsibility of each of the Agencies to this Agreement to ensure that vehicular access to the Segments shall only be in conformance with this Agreement. The cost of access improvements, closures, and modifications shall be determined pursuant to section 43-2-147(6) (b) C.R.S., the Agreement, and this Access Control Plan. All access construction shall be consistent with the design criteria and specifications of the Access Code.

IV. EXISTING AND FUTURE ACCESS

A. The attached table provides a listing of each existing and future access point in the Segments. For each access point the following information is provided: location, description of the current access status, and the proposed configuration or condition for change (Access Plan). All access points are defined by the approximate Department mile point (in hundredths of a mile) along United States Highway 6 or State Highway 139. All access points are located at the approximate centerline of the access.

B. All highway design and construction will be based on the assumption that the Segments will have a sufficient cross section to accommodate all travel lanes and sufficient right-of-way to accommodate longitudinal installation of utilities.

V. ACCESS MODIFICATION

Any proposed access modification including but not limited to an addition in access must be in compliance with this Agreement and the current Access Code design standards in Section 4 of the Code unless the Department approves a design waiver under the waiver subsection of the Code. Any access described in this section, which requires changes or closure as part of this Agreement or if significant public safety concerns develop, including but not limited to, when traffic operations have deteriorated, a documented accident history pattern has occurred, or when consistent complaints are received, may be closed, relocated, or consolidated, or turning movements may be restricted, or the access may be brought into conformance with this Access Control Plan, when a formal written request documenting reasons for the change is presented by the Agency having jurisdiction, with Department concurrence, or in the opinion of the Department, any of the following conditions occur:

a. The access is determined to be detrimental to the public’s health, safety and welfare;

b. The access has developed an accident history that in the opinion of the Agency having jurisdiction or the Department is correctable by restricting the access;

c. The access restrictions are necessitated by a change in road or traffic conditions;

d. There is an approved (by the Agency having jurisdiction) change in the use of the property that would result in a change in the type of access operation; or

e. A highway reconstruction project provides the opportunity to make highway and access improvements in support of this Access Control Plan.

f. The existing development does not allow for the proposed street and road network.

Access construction shall be consistent with the design and specifications of the current State Highway Access Code.

Initials

_______ City Manager, City of Grand Junction ______ City Attorney, City of Grand Junction

_______ City Manager, City of Fruita _______ City Attorney, City of Fruita

_______ Chair, Mesa County _______ County Attorney, Mesa County

_______ Chief Engineer, CDOT _______ RTD, CDOT

“EXHIBIT – B”

ACCESS CONTROL PLAN AMENDMENT PROCESS

City of Fruita, City of Grand Junction, Mesa County,

and the State of Colorado Department of Transportation

1. Any request for amendment of the Access Control Plan must be submitted to the

Colorado Department of Transportation. The amendment request shall include:

• Description of changes requested of the Access Control Plan

• Justification for Amendment

• Traffic Impact Study or analysis, as required by the State Highway Access Code. Any party to the Access Control Plan may request this supporting documentation.

2. The Department shall review the submittal for completeness and for consistency with the

access objectives, principles, and strategies described in the United States Highway 6/State Highway 139 Access Control Plan report for this corridor and the State Highway Access Code.

3. If the amendment request is found to be complete, the Department shall forward to all Agencies having jurisdiction in the amendment. Jurisdiction is determined by the corporate limits of a municipality or the unincorporated limits of Mesa County within which the proposed change will occur except when the unincorporated Mesa County area is also within the Grand Junction Urban Growth Boundary or the City of Fruita Growth Management Area. When the proposed change(s) is within the unincorporated Mesa County portion of the City of Grand Junction Urban Growth Boundary or the City of Fruita Growth Management Area the applicable municipality shall be an equal party to an amendment request.

4. Once all affected agencies (CDOT, the Cities, and/or the County) approve the request

for the amendment, the amendment and all accompanying documentation shall be submitted, if necessary, to Transportation Commission for final review and approval.

Initials

_______ City Manager, City of Grand Junction _______ City Attorney, City of Grand Junction

_______ City Manager, City of Fruita _______ City Attorney, City of Fruita

_______ Chair, Mesa County _______ County Attorney, Mesa County

_______ Chief Engineer, CDOT _______ RTD, CDOT