HomeMy WebLinkAbout20050657.tiff RESOLUTION
RE: APPROVE ARTERIAL MANAGEMENT AGREEMENT FOR WELD COUNTY ROAD 13
AND AUTHORIZE CHAIR TO SIGN -TOWN OF WINDSOR
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 Arterial Management Agreement for Weld
County Road 13 between 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, and the
Town of Windsor, with 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 the Arterial Management Agreement for Weld County Road 13 between 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, and the Town of Windsor 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
' 'lowing vote on the 28th day of February, A.D., 2005.
,'1 Ellie) BOARD OF COUNTY COMMISSIONERS
ats.
WELD COUNTY, COLORADO
1861 to tc
Qa /�/CL // � i` �✓
` I/ ,/-NUO�.�s William H. J e, Chair
® yfClerk to the Board
M. J. ile, ro- em
BY:
Deputy CI < to the Board
Daa< Ets- Lo g
APPRO AS TO F�RM: �(
01 / Robe Masde
C unty Attorney SI /IAA_
/ Glenn Vaad
Date of signature: -3!///05
2005-0657
EG0052
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MEMORANDUM
CTO: Clerk to the Board DATE: February 23, 2005
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Arterial Management Agreement with the Town of Windsor for WCR 13.
Enclosed are two duplicate, original agreements. Please send one original to Public Works as soon
as it is approved/signed by the Chair. Public Works will submit an original to the Town of Windsor.
pc: Wayne Howard, Project Manager
Town of Windsor file
IGA file
WCR 13
M:\Francie\ABend-Ldoc
2005-0657
ARTERIAL MANAGEMENT AGREEMENT
THIS ARTERIAL MANAGEMENT AGREEMENT is made and entered into effective as of the 14th
day of, February , 2005 ,A.D.between the COUNTY OF WELD,a political subdivision of the
STATE OF COLORADO,whose address is 915 10th Street,P.O.Box 758,Greeley,CO 80632,and
the TOWN OF WINDSOR, a municipal corporation of the STATE OF COLORADO, with its
principal office located at 301 Walnut Street,Windsor, CO 80550.
WITNES SETH:
WHEREAS,the parties hereto each control a portion of Weld County Road ("WCR") 13, and
WHEREAS, WCR 13 is recognized by all of the parties hereto as an arterial roadway, with the
following characteristics:
a. WCR 13 provides for corridor movement and distribution of traffic with trip lengths and
travel densities for substantial statewide or countywide travel, and
b. As a paved major arterial,WCR 13 is to be posted at 45 MPH in the incorporated areas,and
will be posted at higher speeds in the unincorporated areas,and
c. For better movement of traffic and safety of the traveling public,there is a desire to manage
access to WCR 13,and
d. The parties desire to have agreement regarding design standards,right-of-way reservation,
and minimizing the differences in width and usage between jurisdictions, and
WHEREAS, with annexations of the areas surrounding WCR 13 and of WCR 13 itself,the parties
see the need for an agreement to define their understanding of the arterial nature of WCR 13 and the
methods of management by each party for certain aspects of the arterial,and
WHEREAS,the parties hereto have determined that:
i. Maintaining connectivity between their communities is critical to the present and
future development of the region surrounding WCR 13;
ii. An effective and efficient transportation network is required to reach the full
potential this region;and
iii. Development of this vision can be achieved only with multi jurisdictional
cooperation.
NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the
parties hereto agree as follows:
1. WCR 13 DEFINED AS ARTERIAL:WCR 13 is an arterial road/street as it passes through
the respective jurisdictional boundaries of the parties hereto. As an arterial, WCR 13 has
the characteristics listed above. The parties agree to treat WCR 13 as an arterial in
Page 1 of 3 Pages
considering transportation and land-use planning within their respective jurisdictions and
agree to maintain a Level of Service("LOS")on their respective stretches of WCR 13 oft"
or better.
2. LIMITATION OF ACCESS TO/FROM WCR 13:With regard to access to/from WCR 13,
the parties agree to manage direct access in a manner consistent with their arterial roadway
standards.
3. RIGHT-OF-WAY PRESERVATION: Each party hereto agrees to preserve for future use
the area on the exterior of the current right-of-way of WCR 13 within the entity's
jurisdiction,so as to extend the width of the right-of-way to that agreed upon by the parties
as necessary to maintain the arterial nature of the right-of-way. Such preservation may take
the form of setback requirements or other methods presented through the land use process.
4. DESIGN STANDARDS: The parties agree to meet and discuss the adoption of design
standards for WCR 13,such as a posted 45 MPH speed limit in the incorporated areas and
a higher posted speed limit in the unincorporated areas, lane width, signage, roadway
markings,required acceleration and deceleration lanes, and turn lanes.
5. MINIMIZATION OF INCONGRUOUS CONNECTIONS:The parties agree to coordinate
improvements by each jurisdiction to WCR 13 so as to avoid the creation of incongruous
connections.
6. OTHER WELD COUNTY ROADS IN THE AREA SURROUNDING WCR 13
RECOGNIZED AS ARTERIAL ROADWAYS OF REGIONAL SIGNIFICANCE: Other
Weld County Roads in the area surrounding WCR 13 may also be recognized by the parties
as arterial roadways of regional significance. The parties agree that when considering land
use applications for development,they will consider the effect and impact such development
will have on the regional transportation system.
7. ENTIRE AGREEMENT: This writing 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.
8. NO WAIVER OF IMMUNITY: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.
9. 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 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 an incidental beneficiary only.
Page 2 of 3 Pages
��` Signed by the pas ruary , 2005
TTEST: COUNTY OF WELD,apolitical subdivision
ae Id County Clerk to the :hoard of the STATE OF COLORADO:ag utye t� a and William H. Jer e, i,Chairman
•O�� t
\
2/28/2005
�� Board of County Commissioners of the
County of Weld
Al FEST: TOWN OF Windsor,a municipal corporation of
/ I —1,, the STATE OF COOLORADO�t,_By: �GzLA / w ) N--7.- BY:e&-e-ses . j1$m '
U
Cathy Kennedy,Town Clerk Town Mayor
a
A, .
bORPORAT �.
J SEAL .0
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OF COLO�PO
Page 3 of 3 Pages
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