HomeMy WebLinkAbout20111582 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT TO DEVELOP AN ACCESS
CONTROL PLAN FOR COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement to
Develop an Access Control Plan for County Road 49 among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, the Town of Hudson, the Town of Kersey, and the Town of
Keenesburg, commencing upon full execution, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that an Intergovernmental Agreement to Develop an Access Control
Plan for County Road 49 among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
the Town of Hudson, the Town of Kersey, and the Town of Keenesburg be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: °, �� � u <.r _ k/)
E, ♦ arbara Kirkmeyer, Chair
Weld County Clerk to thear -��
�. EXCUSED
1861 452 Sean Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the BZ �'� 1 EXCUSED m i F. Garcia
APP ,0y �{
�D ORM:
avid E. Lo //1��I
Gnty Attorney 4,.�, ^^ ca IACILLnr
Douglat Radema her
y
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Date of signature: �
3 oriC6 4t) Re-I cord Cu: PIA) 2011-1582
- -1 / 7— l "I- l/ EG0064
1861 - 2011 MEMORANDUM
• TO: Board of County Commissioners
WELD COUNTY DATE: June 27, 2011
FROM: Elizabeth Relford, Transportation Planner
SUBJECT: WCR 49 Access Control Plan (ACP) IGA
During a work session on April 4, 2011, the BOCC discussed pursuing one of the
Transportation Plan recommendations, which is to develop an access control plan (ACP)
on WCR 49. As part of this effort, staff drafted an intergovernmental agreement to
include participation from Hudson, Keenesburg, and Kersey to develop the WCR 49
ACP (agreement attached).
On April 20th, the Town of Hudson approved the IGA
On May 16th, the Town of Keenesburg approved the IGA
On June 14th, the Town of Kersey approved the IGA
The intent of developing an access control plan on WCR 49 is to ensure the coordinated
regulation of vehicular access will be safe and efficient, while allowing reasonable traffic
movements and access to properties. The project area will be on WCR 49 from SH34
south to 1-76.
This project will be managed in-house by Weld County staff with the help of one staff
member from each community. In addition, an elected officials meeting will be
coordinated quarterly to assist with policy decisions. A project schedule and ACP outline
will be created accordingly.
Staff is requesting the BOCC adopt the IGA. I am available at your convenience to
answer any questions you may have.
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: ADOPT IGA-ACP 49
DEPARTMENT: PUBLIC WORKS DATE: 6/21/2011
PERSON REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
Hudson, Keenesburg, and Kersey have all approved and signed the IGA for the 49 Access Control Plan. Now
it's ready for the BOCC agenda. I would like to schedule it with the Clerk, unless you have any concerns.
Please review the attached IGA.
What options exist for the Board? (Include consequences, impacts,costs,etc. of options)
Please review and comment.
Recommendation to the Board:
Requested changes can be emailed or sent to Elizabeth by interoffice mail. If you would like to discuss the
document, a work session will be scheduled accordingly.
Schedule
Work Session No CommentsSee Comments
Barbara Kirkmeyer, Chair Yl" h4
Sean P. Conway
Douglas Rademacher
William F. Garcia
David E. Long
Attachments: IGA
INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF HUDSON, TOWN OF KERSEY,
AND TOWN OF KEENESBURG TO DEVELOP AN ACCESS CONTROL
PLAN FOR WELD COUNTY ROAD 49
THIS AGREEMENT made and entered into this AQ&day of \J,,,., , 2011, by and
between the by the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld ("County"), whose address is 915 Tenth Street, Greeley,
Colorado 80631; the Town of Hudson, Colorado ("Hudson"), whose address is 557 Ash Street,
Hudson, Colorado 80642; the Town of Keenesburg ("Keenesburg"), whose address is 140 South
Main, Keenesburg, Colorado 80643, and the Town of Kersey("Kersey"), whose address is 332 3`d
Street, Kersey, Colorado 80644.
WITNESSETH:
WHEREAS, Weld County Road 49 is a major regional transportation corridor in Weld
County, and
WHEREAS,a mile of Weld County Road 49 is also located within Hudson town limits,and is
in the general proximity of Kersey and Keenesburg, and
WHEREAS, it is necessary to protect the general health, safety, and welfare of the public by
maintaining conventional traffic flow, and to protect the functional level of County roadways, and
WHEREAS, the coordinated regulation of vehicular access to public rights-of-way, will
establish the safe and efficient movement of traffic while allowing reasonable access to properties,
and
WHEREAS,all agencies desire to provide for the coordinated regulation of vehicular access
for Weld County Road 49, and
WHEREAS, the parties to this Agreement are authorized to enter into said Agreement by
C.R.S. Sec. 29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of
achieving greater efficiencies for the provision of services to the public, and
WHEREAS, the parties desire to enter into this Agreement for the purpose of defining their
respective roles and responsibilities regarding developing and implementing an Access Control Plan
for Weld County Road 49, and
NOW THEREFORE,in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date first written above to and until
such time as the parties enter into an IGA to adopt the WCR 49 Access Control Plan.
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2011-1582
2. ACCESS CONTROL PLAN: The parties agree that following approval of this Agreement,
WELD COUNTY staff in coordination with Hudson,Kersey,and Keenesburg will prepare the
WCR 49 Access Control Plan. WELD COUNTY agrees to be the lead agency and coordinate
a staff working group with representation from each community,and coordinate quarterly with
the elected officials of the project upon execution of this Agreement.
3. PROJECT AREA: The project study area shall extend from SH 34 south on WCR 49 to I-76.
Should any portions of WCR 49 be extended, either north or south, the methodology of the
adopted access control plan shall apply to those requests until a time that the access control
plan can be amended.
4. ENTIRE AGREEMENT: This writing,together with the exhibits attached hereto,constitutes
the entire Agreement between the parties hereto with respect to the subject matter herein,and
shall be binding upon said parties,their officers,employees,agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representatives, successors and
assigns of said parties.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: 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 the 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 beneficiary only.
6. NO WARRANTY BY WELD COUNTY: By virtue of its entering into this Agreement and
upon its promises to perform the work described herein, WELD COUNTY makes no
warranties, either express or implied,that the Access Control Plan agreed to herein meets or
will meet standards other than those generally required for counties and cities of the size and
type similar to the parties herein.
7. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be
held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be
construed and enforced without such provision to the extent that this Intergovernmental
Agreement is then capable of execution within the original intent of the parties hereto.
8. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire
Intergovernmental Agreement and understanding between the parties to this
Intergovernmental Agreement and supersedes any other Intergovernmental Agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment,notation,renewal, or other alteration of or to this Intergovernmental Agreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented.
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Any consent by any party hereto, or waiver of, a breach by any other party, whether express
or implied, shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
9. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties'
representatives at the addresses set forth below:
HUDSON: WELD COUNTY:
Joe Racine, Town Administrator Elizabeth Relford, Transportation Planner
P.O. Box 351, 557 Ash Street P.O. Box 758, 1111 H Street
Hudson, CO 80642-0351 Greeley, CO 80632
Phone: 303-536-9311 Phone: 970-304-6496, ext. 3748
KERSEY: KEENESBURG:
Tracy McCoy, Town Administrator Mayor Danny Kipp,
P.O. Box 657, 332 3rd Street P.O. Box 312, 140 South Main Street
Kersey, CO 80644 Keenesburg, CO 80643
10. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the
day and year first hereinabove written.
ATTEST: TOWN OF HUDSON, COLORADO
B By:
Lmnette Barker, Town Clerk Neal Pontius, Mayor
ATTEST: TOWN OF KERSEY, COLORADO
77nnP pAit.By: �lX, By:
Juli Piper, Town C erkrk 1 Marin, Mayor
ATTEST: TOWN OF KEENESBURG, COLORADO
II / //, I , /l
By: h x Milk l._}I/// 4 By: ,
Debra Chumley, Town Clerk Danny Kipp, Mayor
Page 3 of 4
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY Clerk to the C y, WELD COUNTY, COLORADO
Slide
By. . / i, ,Gi,s.� : s ' ��: L �bait,
Clerk to t - Board � ara Kirkmeyer, Ch
JUN 292011
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