HomeMy WebLinkAboutResolution-2007-0028
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 28
Series of 2007
TITLE:
A RE$PLUTlON APPROVING AN INTERGOVERNMEMTAL
AGREEMENT BY AND BETWEEN THE CITY OF WHEAT
RIDGE AND THE COUNTY OF JEFFERSON FOR COST-
SHARING OF IMPROVEMENTS AT THE I-70/32ND AVENUE
INTERCHANGE
WHEREAS, the City Council wishes to provide for the construction of certain street
improvements on and adjacent to 320d Avenue; and
WHEREAS, the City has negotiated an agreement with the County of Jefferson, for the
purpose of sharing in the costs of improvements to 320d Avenue, and;
WHEREAS, the cost of improving 320d Avenue has been approved through project
authorization, and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Al!reement AODroved.
The agreement between the City and the County of Jefferson for cost-sharing of
improvements to 320d Avenue at the I_70/32od Avenue Interchange, is hereby approved and the
Mayor and City Clerk are authorized and directed to execute the same.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this 23'd day of Julv. 2007.
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ATTEST:
~
Michael Snow, City Clerk
INTERGOVERNMENTAL AGREEMENT
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This Intergovernmental Agreement (this "Agreement") is made and entered into this Lday of
~4 ' 202,Z by and between the COUNTY OF JEFFERSON, COLORADO, a body politic and
c porate (the "County"), and the CITY OF WHEAT RIDGE, COLORADO, a municipal corporation and
home rule city of the State of Colorado (the "City"), collectively referred to herein as the "Parties."
RECITALS
A. The Parties, together with the Colorado Department of Transportation ("CDOr) and Longs
Peak Metropolitan District ("District"), desire to participate in the design, surveying, engineering,
construction, inspection, materials testing and right-of-way acquisition required for certain
improvements at the interchange of 1-70 and 32"d Avenue (the "Improvements"). The Improvements
shall consist of the following:
1. Safety improvements in the school zone along 32"d Avenue adjacent to the Manning and
Maple Grove Elementary schools;
2. The widening of 32"d Avenue to accommodate traffic needs between Alkire Street and Wright
Street, including modification of the existing 1-70 bridges over 32nd Avenue;
3. Modification and improvement of the Youngfield Street 1 32nd Avenue intersection, and;
4. Modification and improvement of the Zinnia Street 1 Cabela Drive 1 32"d Avenue intersection.
B. The Improvements will provide significant benefits to the County and the City and their
residents through improved access for existing and future developments within the area.
C. The Parties desire to provide funding, in full compliance with the requirements of Article X,
Section 20 of the Colorado Constitution ("TABOR"), for the construction of the Improvements in order
to facilitate the prompt completion of such construction.
AGREEMENT
In consideration of the foregoing premises, and the covenants, promises, and agreements
contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. The Parties will work cooperatively with CDOT to obtain approvals of the design of the
Improvements, generally in conformance with the February 28, 2007 1-70/32"d Avenue Interchange
Finding of No Significant Impact (FONSI). The District will construct the Improvements in accordance
with all applicable requirements of CDOT, the County and the City and in accordance with the
Intergovernmental Agreement between the City and the District dated December 11, 2006. Additional
agreements may be needed between the Parties, the District and others to construct the
Improvements, and the Parties will cooperate with one another to address such issues. Neither Party
will approve the deletion of or significant change to any of the Improvements without the prior written
approval of the other Party. In the event the City breaches the preceding provisions, then the County
shall be entitled to refund of any monies that it contributed pursuant to Paragraph 2 below.
2. The FONSI estimated that the total cost of the Improvements will be $11,543,000, including
the design, surveying, engineering, construction, materials testing and right-of-way acquisition, to be
paid as follows: (i) The City will provide funding in the amount of $3,268,000. (ii) The County will
provide funding in the amount of $2,500,000. (iii) The District will provide the balance of the funding,
estimated to be $5,775,000. Of its total $2,500,000 obligation, the County will provide $1,250,000 by
December 31,2007 provided that the City has contributed at least $1,634,000 and that the District
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has contributed at least $2,887,500. If the City or the District have provided less than those amounts,
the County shall provide a proportionately lesser amount. The County shall provide the remaining
$1,250,000 upon completion of the Improvements provided that the City has contributed a total of
$3,268,000 and that the District has provided a total of $5,775,000. The County shall not be obligated
to contribute additional funds to complete construction of the Improvements.
3. The County will contribute its funds to the City within thirty (30) days of receipt by the
County of a District invoice together with sufficient documentation of satisfactory completion of all or a
portion of the Improvements that are covered by the invoice.
4. The Parties intend to fully comply with the requirements of TABOR; and this Agreement shall
not constitute a multi-fiscal year financial obligation of either Party. Any expenditure of funds by
either Party shall be subject to an annual appropriation of such funds for such purpose by the
governing body of such Party.
5. The Parties shall use reasonable diligence to assure the completion of construction and the
opening of the Improvements on or before the opening of the Cabela's store to be located near the
Improvements.
6. Any notice, request, assignment, payment, consent, approval, demand, or other
communication required or permitted hereby shall be in writing and shall be deemed to have been
given when personally delivered, delivered by overnight delivery services, or when deposited in the
United States Postal Service, certified, return receipt requested, postage prepaid, properly addressed
to the persons to whom such notice is intended to be given at their respective addresses as follows:
If to the City:
City of Wheat Ridge
7500 W. 29'h Avenue
Wheat Ridge, CO 80033
Attn: City Manager
If to the County: Jefferson County
100 Jefferson County Parkway
Golden, CO 80419
Attn: Deputy County Administrator
7. Governino Law.. This Agreement shall be governed by the laws of the State of Colorado.
Jurisdiction and venue shall be proper and exclusive in the District Court for Jefferson County,
Colorado.
By:
Attest:
BY:~
By:
Attest:
COUNTY OF JEFFERSON, COLORADO
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- County Cierk
Approved as to Form:
By: S\t?....... ~M_'
Jean L. ~ars, Assi~nt County Attorney
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