Loading...
HomeMy WebLinkAboutResolution-1970-0097 tA.-::Z ~ # '77 - Cd--) RESOLUTION NO. 97 Series of 1970 WHEREAS, the Colorado Department of Highways has previously held public hearings concerning the plans for the construction of Interstate 80S; WHEREAS, certain portions of this highway will be constructed within the City limits of the City of Wheat Ridge; WHEREAS, an agreement with the Colorado Department of Highways is necessary 50 as to set out the responsibilities and duties of the parties: i.e., the City of Wheat Ridge and the State of Colorado. NOW, THEREFORE, BE IT RESOLVED that: the agreement hereto attached and marked as "Exhibit A" be adopted and approved by the City Council of the City of Wheat Ridge through the passage of this Resolution and that appropriate notifica- tion be made to the Colorado Department of Highways after the necessary signatures required on the document attached as "Exhibit A" are thereto affixed. DONE AND RESOLVED this 5th A. D., 1970 by a vote of 5 to 0 day of November Albert E. Anderson Mayor ATTEST: Louise F. Turner City Clerk Kz.- s ;z:T C?7 (3) EXHIBIT A FREEWAY AGREEMENT I 8OS-1(5) Jet. I 80S & I 25 Westerly to I 70 and Wadsworth THIS AGREEMENT, dated this day of , A. D., 1970, by and between THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, hereinafter referred to as the "Division" and the CITY OF WHEAT RIDGE, hereinafter referred to as the "City"; WITNESSETH: That WHEREAS, Under authority of the laws of the United States and of the State of Colorado, by and with the concurrence and approval of the Federal Highway Administration, certain Federal and State funds have been allocated for the purpose of improving a portion of State Highway No. Bo, which passed through the City, said improvements being known as Project I BoS-1(35); and WHEREAS, In accordance with the laws of the State of Colorado, said portion of State Highway No. 80 in said City as so improved, and to be further improved, has been designated a Freeway; and WHEREAS, The Division is authorized to enter into this contract pursuant to Chapter 120, Article 13, Section 44, C.R.S. 1963 Amended; and WHEREAS, The parties hereto, subject to approval of the Federal Highway Administration, desire to agree upon certain con- struction, maintenance, and right of way features as necessary for the best accomplishment, through State and City cooperation, of the whole Freeway project for the benefit of the people of the State and of the City. NOW, THEREFORE, In consideration of the premises and of the mutual covenants and agreements herein contained and the faithful performance thereof, the parties hereto promise and agree as follows: 1. The Division will make all plans and specifications for the project designated as I BoS-1(35), State Highway No. 80, and will lee the contract for and supervise the construction of the project, all with funds allocated by the Federal and State governments without expense to the City for such construction except as set forth hereinafter. The preliminary plans, as prepared by the Division, are to be accepted and approved by the City subject to the right of either the Division or the City to correct minor discrepancies and make minor deviations in details provided that both parties are advised of such changes and agree thereto. 2. The City agrees to the general location of said por- tion of State Highway No. 80 within the City as recommended by the vC-'~S :# 5''?~) -2- Division at public hearings held December 5, 1969, and May 7, 1970. 3. Ingress to and egress from the arterial lanes of the Freeway to remain as described below: (a) Wadsworth Boulevard to be maintained and served by grade separation. Access to the Freeway will be provided by a modified cloverleaf interchange. (b) Marshall Street to be maintained and served by a grade separation. Access to the Freeway will be denied. 4. The City and the Division agree that no ingress to or egress from the arterial lanes of the Freeway shall be permitted, except as provided in Paragraph 3 above; provided, however, that points of ingress to and egress from the arterial lanes of said Freeway may only be changed or altered with the concurrence of the Federal Highway Administration and as provided by Chapter 120, Art. 6, Sec. 4, C.R.S. 1963, as amended, or as the same may be amended. 5. Frontage roads shall be provided each side of the arterial lanes of the Freeway, where justified, to provide service for those streets intercepted by the Freeway, or to serve inaccess- ible land development severed by the Freeway. 6. The City agrees that, when and to the extent requested by the Division, it will assist the Division in procuring the necessary rights of way required for the project, the payment for said rights of way to be made from State and Federal funds. 7. The City, insofar as possible, shall permit the use of lands owned by the City for right of way purposes. B. Construction Details: The division will construct the entire project at its sole 8xpense except for the following listed construction items to be performed by the City: (a) The City at its expense shall install all necessary traffic signals for the project located within the Corporate limits. Signal designs shall be approved by prior written agreement between ene City and the Division. (b) No signs installed under construction contracts between the Di\lision and its contractor shall be changed by the City, and no new construction signs or signals are to be erected by the City without the prior written agreement by the Division. (c) The City shall provide and maintain, all street ~ighting required on frontage roads or City streets beyond Freeway limits or interchange ramp terminals. Where warranted the Division, at its expense, will provide and install street lighting along the Freeway and ramps. Power to all street lighting within the Corporate limits shall be supplied and paid for by the City. ~~S '*' //G-) -3- 9. Maintenance: (a) The Division agrees, at its own cost and expense, to care for and maintain the roadway sections and structures along the main traveled freeway lanes between access control fences as well as ramp connections to City streets. On simple separations carrying City streets over the Freeway, the Division will maintain the structures and the City will maintain the streets. (b) After completion of construction of frontage roads, they shall become a responsibility of the City for all maintenance, signing, or replacement required, including traffic control and other police enforcement action required. (c) The Division agrees, at its own cost and ex- pense, to provide for all original planting of grass, shrubs, trees, and other landscaping according to plans and specifications mutually agreed to by the City, the Division, and the Federal Highway Admin- istration. If mechanical irrigation is required, the Division agrees to provide and install all water mains, laterals, sprinklers, con- trollers, etc., incidental to a complete sprinkler syst~m within the project limits. The City agrees to provide and install at no cost to the Division all water, water main taps, meters, meter pits, and appurtenances as required by the Denver Water Board or local improvement districts as may be necessary for furnishing the water required for irrigation of the landscaping. . (d) The Division agrees to provide and maintain all necessary storm drain structures to control surface drainage that falls on State Highway 80 between access control lines, all water to be directed to existing channels or basins. All water mains, sanitary or storm sewers along and across State Highway 80 that are involved with City usage only shall be considered a respon- sibility of the City. (e) The Division agrees to assume all obligations of maintaining the fencing required for control of access. 10. This Agreement may be modified at any time by the mutual consent of the parties hereto as may be necessary in order to complete the street and highway improvement. This Agreement is executed under authority of the laws in such cases made and provided, and with reference to the signatory on behalf of the City by virtue of Resolution duly passed on November 5th , 1970, and shall be binding upon the successors and assigns of the parties hereto. 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. ~b#~l ~) -4- IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be executed this day of 1970. ATTEST: THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO Chief Clerk ATTEST: Chief Engineer CITY OF WHEAT RIDGE City Clerk ( SEAL) APPROVED AS TO FORM: Mayor City Attorney City Engineer Manager, Department of Public Works APPROVED AS TO FORM: DUKE W. DUNBAR, ATTORNEY GENERAL, REGISTERED AND COUNTERSIGNED: Deputy Attorney General APPROVED : City Treasurer APPROVED: State Purchasing Director State Controller APPROVED : Governor of the State of Colorado