HomeMy WebLinkAbout991319.tiff RESOLUTION
RE: APPROVE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC
HIGHWAY AUTHORITY 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 City of Broomfield, the City of Lafayette, and Weld County desire to
create a public highway authority pursuant to Section 43-4-501, et seq., C.R.S., to be known as
the Northwest Parkway Public Highway Authority, and
WHEREAS, the Board has been presented with an Establishing Contract for the
Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County and the Cities of
Broomfield and Lafayette, with terms and conditions being as stated in said, and
WHEREAS, and the Board of County Commissioners held a hearing on June 2, 1999,
with notice of the time, place, and purpose of the hearing published on May 22, 1999, in the
Fort Lupton Press, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Establishing Contract for the Northwest Parkway Public
Highway Authority between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County and the Cities of Broomfield and Lafayette be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
.1.) /F )i r I ie' I I n f, j:A , 991319
BC0028
RE: NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY CONTRACT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
OUNTY COO O
�J/($*4(1SX VATTEST: �, Dale K. Hall, Chair
Weld County Clerk tot : O i%t?�/
0 QZ7-7 A4 EXCUSED DATE OF SIGNING (AYE)
E ,� F r �� Barbar J. Kirkmeyer, Pro-Tem
BY: �u4�- A.h I
Deputy Clerk to the Board I
George E. ter
AP AS O FORM: .
271
M. J. eile
/
C• . ty Attorney c ter.;wl 17(44'
Glenn Vaad
991319
BC0028
ESTABLISHING CONTRACT
FOR THE
NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY
This ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC
HIGHWAY AUTHORITY ("this Contract") is made and entered into effective this 2nd day of
June , 1999, pursuant to Colo. Const. Art. XIV, Sec. 18(2), title 30, C.R.S., title
31, C.R.S., appropriate municipal charter provisions, and part 5 of article 4, title 43, C.R.S., by
and among the CITY OF BROOMFIELD, a Colorado municipal corporation; the COUNTY
OF WELD, a political subdivision of the state of Colorado; and the CITY OF LAFAYETTE, a
Colorado municipal corporation (singularly or collectively "the Governmental Unit(s)" or "the
Party(ies)").
RECITALS
WHEREAS, the large population and population growth within the Denver metropolitan
region, the significant and growing demand for construction of a beltway around the Denver
metropolitan region to facilitate traffic movement and the inadequacy of current transportation
facilities to meet the traffic demand, the need to coordinate planning and construction of
beltways and other transportation improvements to serve regional needs, and the limited
availability of state and federal funds for such purposes, have caused the Colorado general
assembly to enact the "Public Highway Authority Law" in part 5 of article 4, title 43, C.R.S.
("the Act"); and
WHEREAS, it is the stated intention of the Colorado general assembly that public
highway authorities be formed to finance, construct, operate, or maintain all or a portion of a
beltway or other transportation improvements in the Denver metropolitan region which, because
of the cost thereof and the location thereof in the jurisdiction of more than one municipality or
county, cannot feasibly be financed, constructed, operated or maintained by a municipality or
county acting alone; and
WHEREAS, a public highway denominated "the Northwest Parkway" has been proposed
for construction around the northern and western perimeters of the Denver metropolitan area; and
WHEREAS, the creation of a public highway authority to finance, construct, operate or
maintain the Northwest Parkway is consistent with and is essential to the continued economic
growth of the Denver metropolitan region, is in the public interest, and will promote the health,
May 14, 1999
safety, and welfare of the citizens of this state by securing for them more adequate transportation;
and
WHEREAS, the Governmental Units comprise territory located generally on the northern
and western perimeters of the Denver metropolitan area, and are desirous of entering into this
Contract in order to establish a public highway authority, pursuant to the Act, to finance,
construct, operate, or maintain the Northwest Parkway, and to otherwise provide access to a
public roadway in exchange for payment of tolls and user fees;
NOW, THEREFORE, in consideration of the mutual promises and benefits herein
expressed, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby freely acknowledged, the Governmental Units hereby covenant and agree as follows:
DEFINITIONS
As used in this Contract, unless the context otherwise requires:
"Act" means the Public Highway Authority Law, in part 5 of article 4, title 43, C.R.S.
"Advisory Committee" means the Northwest Parkway Executive Advisory Committee, as
more specifically defined in this Contract, and/or other advisory committees established from
time to time by the Board pursuant to section 43-4-505(3)(h) of the Act.
"Alternate Director" means a person serving as such pursuant to Section 4.c. hereof, who
shall have the powers, privileges and duties of a Director in the circumstances described in
Section 4.c.
"Authority" means the Northwest Parkway Public Highway Authority, a body corporate
and political subdivision of the State of Colorado created pursuant to this Contract and the Act.
"Board" means the board of directors of the Authority.
"Bond" means any bond, note, interim certificate, contract or other evidence of
indebtedness of the Authority authorized by the Act.
"Bylaws" shall mean those bylaws adopted by the Board and as, from time to time,
amended by the Board.
"Construct" or "Construction" means the planning, designing, engineering, acquisition,
installation, construction and reconstruction of the Northwest Parkway.
"Contract" means this Establishing Contract for the Northwest Parkway Public Highway
Authority, as amended from time to time in accordance herewith.
May 14, 1999
2
"Corridor" means the right-of-way acquired or to be acquired for the Northwest Parkway,
including such additional land acquired or to be acquired by the Authority in furtherance of its
purposes hereof.
"County" means any county organized under the laws of the State, including any city and
county.
"Director" means a voting member of the Board, and shall include a qualified Alternate
Director.
"Division" means the division of local government in the department of local affairs of
the State.
"Governmental Unit" means the state, or any political subdivision thereof located in the
Denver metropolitan region, that is a Party to this Contract.
"Meeting" means a regular or special meeting of the Board.
"Municipality" has the same meaning as that provided in section 31-1-101(6). C.R.S.
"Northwest Parkway" means a beltway or other transportation improvement located in
the Denver metropolitan region, which generally circumscribes the northern and western
perimeters of the Denver metropolitan region, and which will be primarily utilized for major
traffic movement at higher traffic speeds. The Northwest Parkway may, as the board determines,
consist of multi-modal improvements, including, but not limited to, paving, grading,
landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses,
underpasses, rail crossings, frontage roads, access roads, interchanges, drainage facilities, mass
transit lanes, park-and-ride facilities, toll collection facilities, service areas, service plazas,
administrative or maintenance facilities, buildings, conduit, gas, electric, water, sewer,
telecommunications and fiber, and other utilities located or to be located in the right-of-way for a
public highway, and other real or personal property, including easements, rights-of-way, and
other interests therein, relating to the financing, construction, operation, or maintenance of a
public highway.
"Person" means any natural person, corporation, partnership, association, or joint venture,
the United States of America, or any Governmental Unit or Party.
"Revenues" means any tolls, fees, rates, charges, assessments, contributions, or other
income and revenues received by the Authority.
"State" means the state of Colorado or any of its agencies.
May 14, 1999
3
COVENANTS AND AGREEMENTS
1. Establishment and Denomination of Public Highway Authority. The
Governmental Units hereby create and establish a public highway authority denominated "the
Northwest Parkway Public Highway Authority."
2. Purpose. The purposes of the Authority shall be to finance, construct,
operate, and/or maintain the Northwest Parkway, and in this regard to carry out all or any pail of
those functions or activities provided in this Contract or permitted by the Act or permitted by
other State or federal laws, except as specifically limited by this Contract. It is the Authority's
intent to serve as an enterprise, as such term is defined in the Colorado Constitution, Article X,
sec. 20(2)(d), and in furtherance thereof, to serve as a government-owned business. engaged in
the business venture of providing roadway transportation in exchange for the payment of toll
fees.
3. Powers. The Authority, by and through the Board, shall possess all the powers,
privileges and duties permitted by the Act and any other applicable law, except as specifically
limited by this Contract.
4. Establishment and Operation of Board of Directors. There is hereby established
the Board, in which all legislative power of the Authority is vested.
a. Each Governmental Unit shall have the right to appoint one Director to the
Board, who shall be, at the time of appointment and throughout such Director's tenure on
the Board, an elected official of the legislative or governing body of such Governmental
Unit. Such appointment shall be evidenced by notification, in writing, to the Authority
by the appointing Governmental Unit. Each Director shall serve at the pleasure of such
Governmental Unit and may only be removed or replaced by the Governmental Unit that
appointed such Director. The Board shall elect a chairman, vice chairman and treasurer,
each of whom must also be a Director, who shall have such powers and responsibilities as
provided in the Bylaws and shall serve at the pleasure of the Board. The Board shall also
select a secretary, who may he but need not be a Director, who shall maintain the records
and files of the Board and the Authority, and who shall serve at the pleasure of the Board.
b. The Act provides that the State of Colorado may join in this Contract. In the
event the State of Colorado joins in this Contract, the State shall have one Director on the
Board.
Mays 14.1999
4
c. Each Governmental Unit and the State of Colorado, should it join in this
Contract, may, from time to time, designate, in writing, an Alternate Director, who shall
possess the same qualifications as a Director and who shall, in the absence of that
Governmental Unit's Director, be entitled to attend regular or special meetings of the
Board and exercise the voting power of that Director.
d. The Board may act by motion and/or resolution, and the actual attendance of a
majority of Directors at a regular or special meeting of the Board shall constitute a
quorum. Except as provided in Paragraph 4.f. hereof, the vote of a majority of Directors
at a regular or special meeting of the Board at which a quorum is present shall be required
to constitute action by the Board.
e. The Board may, by majority vote, enact bylaws to govern its operation and
may amend them from time to time.
f. Each Director shall be entitled to an equal vote unless any Director requests
that a vote be conducted on a weighted basis, in which case each Director's vote will be
weighted according to the participation fee paid by or on behalf of that Director's
Governmental Unit pursuant to Paragraph 5 hereof, It is the Parties' expectation that
weighted voting will be sparingly invoked.
g. Directors, Alternate Directors, nonvoting directors, nonvoting representatives
and officers (excepting a secretary who is not a Director) of the Board shall serve without
compensation from the Authority, but the Board may reimburse such persons for actual,
documented expenses upon terms and procedures established by the Board.
5. Establishment of Participation and Participation Fees. All Governmental Units,
whether initial Parties or later made Parties pursuant to Section 16 hereof, shall enjoy the rights,
privileges and powers provided by this Contract and the Act. A one-time nonrefundable
participation fee of$1,000,000 shall be paid by or on behalf of the City of Broomfield. A one-
time nonrefundable participation fee of $100,000 shall be paid by or on behalf of all other
Parties. The participation fees of the Parties shall be paid and credited as provided in Exhibit A
hereto. The participation fees of those later made Parties shall be paid and credited as provided
in the amendment provided for in Section 16 hereof.
6. Establishment of Executive Advisory Committee. There is hereby established the
Northwest Parkway Executive Advisory Committee, which shall as the Board requests, make
May 14, 1747
5
recommendations to the Board. The Committee shall consist of one or more Persons
representing that part of' the private sector interested in the Northwest Parkway and whose
service on the Committee has been approved by the Board. A fee shall be paid by or on behalf of
each Person serving on the Committee. Each fee paid shall be credited against any highway
expansion fee(s) which may become due from the Person making payment. The Board may, at
any time after live years from the date of this Contract, dissolve the Committee. The Committee
shall have an opportunity to meet periodically with a member of the Authority's executive staff
designated by the Board.
7. Non-Voting Members and Representatives. The Board may, in its bylaws,
establish associate and affiliate members who shall not be Parties to this Contract but which may
have non-voting representatives to the Board.
8. Meetings. Regular meetings of the Board shall be held at such time, on such day,
and at such hour as the Board shall from time to time establish. Special meetings of the Board
may be held at any time at any place within or without the state of Colorado, either upon 24
hours' written notice delivered to the home or place of employment of each Director, unless such
notice be waived in writing by a Director.
9. Boundaries. The boundaries of the Authority are hereby designated and
established as one and one-half miles on either side of the proposed centerline of the Northwest
Parkway, except as otherwise provided and as more specifically described in the legal description
and sketch attached hereto as Exhibit B and incorporated herein by this reference.
10. Right-of-Way Dedication. Each Governmental Unit which is a Municipality
agrees to require dedication of land then currently designated by the Authority as being within
the Corridor upon annexation of such land to that Governmental Unit. In requiring right-of-way
dedication for the Northwest Parkway, the Governmental Units shall not be required to commit
an unconstitutional taking of property without just compensation, and are not required by this
Contract to compensate a property owner for Northwest Parkway right-of-way. If a
Governmental Unit is concerned that a required dedication may create a valid claim for
compensation by the owner of the annexing land, the Governmental Unit may notify the
Authority of its concern and the Governmental Unit shall not be obliged to proceed with
requirement of that dedication until and unless the Authority extends the indemnification
May 14. X999
6
provided in Paragraph 20 hereof to the Governmental Unit in connection with requiring
dedication.
11. Land Use Approval. To the extent permitted by law, all decisions relating to land
use aspects of the right-of-way and the design and construction of the Northwest Parkway,
including, without limitation, the provision or non-provision of slip ramps, interchanges, and
grade separations, shall be subject to the exclusive control of the Authority. The Authority will
submit to the affected Governmental Unit for review and comment its plans concerning land use
aspects of the Northwest Parkway.
12. Term. This Contract shall commence on the date of its full execution by all the
Governmental Units, and shall continue in perpetuity, or until the Authority is dissolved by the
affirmative two-thirds vote of the Board, or until the Authority consists of fewer than two (2)
Governmental Units.
13. Withdrawal. Any Governmental Unit may withdraw from participation in the
Authority upon thirty (30) days' written notice of its intent to withdraw to the Board so long as
two Governmental Units continue to participate in the Authority. However, no such termination,
dissolution or withdrawal shall be effective until and unless satisfactory provisions have been
made to discharge all the obligations of the Authority, including any Bonds issued or assumed
thereby, in a manner that will protect the rights and interest of the holders of such obligations,
including Bonds of the Authority.
14. Distribution, Disposition, or Division of Assets. Subject to the provisions of this
paragraph, the Board may make such decisions as it deems appropriate in connection with
dissolution of the Authority regarding the distribution, disposition or division of assets of the
Authority. In all cases, the fixed assets of the Authority shall be distributed to the Governmental
Unit in which the fixed assets are situated, and fixed assets located in both a municipality and a
County, shall be distributed to the municipality. Liquid assets net of any obligations of the
Authority shall be distributed to each Governmental Unit in proportion to the amount of
participation fee made to the Authority by or on behalf of each Governmental Unit.
IS. Amendments. This Contract contains all of the terms agreed upon by and among
the Governmental Units. Any amendments or modifications to this Contract must be reduced to
writing and executed by all the Governmental Units to be valid and binding.
May 14.1999
7
16. Eminent Domain. The Authority may exercise the power of eminent domain as
provided in section 43-4-506(1)(h) of the Act.
17. Addition of Parties. The Board may act to include additional parties to this
Contract upon such terms and conditions as it deems appropriate. Provided, however, any
decision by the Board to include additional parties shall be subject to and conditioned upon the
amendment of this Contract by the unanimous, written agreement of the Governmental Units,
and shall be further subject to compliance with the provisions of the Act.
18. Successor to Prior Entity. The Authority may be the successor in interest to the
"Northwest Parkway Project Non-Profit Corporation" established by Articles of Incorporation as
of June 15, 1998, pursuant to §§ 7-121-101, et seq., C.R.S., and shall be entitled to all of its
assets, rights and privileges, and may assume all contracts, obligations and liabilities thereof as
of the date of execution of this Contract.
19. Reliance. The Governmental Units acknowledge and agree that each is relying on
the performance of the other(s) under this Contract, and that all actions or changes of positions
undertaken pursuant thereto are made in such reliance.
20. Indemnification. The Authority shall indemnify and defend each Director, officer
and employee of the Authority in connection with any claim or actual or threatened suit, action,
or proceeding (civil, criminal, or other, including appeals), in which he or she may be involved in
his or her official capacity by reason of his or her being or having been such Director, officer or
employee, or by reason of any action or omission by him or her in any such capacity, and shall
pay any judgment resulting therefrom, except any liability arising from criminal offenses or
willful misconduct or gross negligence. To the extent permitted by law, the Authority shall
further indemnify and defend each Governmental Unit in connection with any claim or actual or
threatened suit, action or proceeding (civil, criminal, or other, including appeals) brought by any
third party not a party to this Contract, in which the Governmental Unit may be involved in its
capacity as a Governmental Unit of the Authority, including, but not limited to, the action of a
Governmental Unit pursuant to Paragraph 10 hereof, and shall pay any judgment resulting
therefrom, except for liability arising from criminal offenses or willful misconduct or gross
negligence. Such indemnification and duty to defend in either event shall be subject to and
limited by the resources of the Authority available for such purposes, including available
insurance coverage, which the Authority shall act in good faith to obtain and maintain. This
May 14, 1999
8
indemnification shall not apply to any suit brought by the Authority as plaintiff or third-party
plaintiff, nor to any suit brought by any Governmental Unit to enforce the terms of this
Establishing Contract, excepting a suit brought solely to enforce this indemnification according
to its terms.
21. No Obligations. No Bond or other obligation of the Authority shall he deemed to
be an obligation or indebtedness of any Governmental Unit.
22. Non-Impairment. Nothing in this Contract shall be deemed to restrict, modify or
otherwise impair the powers of any Governmental Unit in any manner, including any separate or
discrete actions which may be taken by any Governmental Unit relating to the financing,
construction, operation or maintenance of the Northwest Parkway.
23. Severability. If any provision of this Contract or the application thereof to any
Person, entity or circumstances, is held invalid, such invalidity shall not affect other provisions
or applications of this Contract, which can be given effect without the invalid provision or
application, and to this end the provisions of this Contact, and each and every provision thereof,
are declared to be severable.
24. Applicable Laws. This Contract shall be governed by and construed in
accordance with the laws of the State of Colorado.
25. Assiunability. No Governmental Unit to this Contract may assign or transfer any
of its rights or obligations hereunder without the prior written consent of the Governmental
Unit(s) that is a nonassigning Party(ies) to this Contract, provided, however, that no such consent
shall be necessary when the City of Broomfield becomes the City and County of Broomfield.
26. Binding Effect. The provisions of this Contract shall bind and shall inure to the
benefit of the Governmental Unit(s) and to their respective successors and permitted assigns, if
any.
27. Enforcement. The Governmental Unit(s) agree and acknowledge that this
Contract may be enforced in law or in equity, by decree of specific performance. In the event of
a final judgment that a Governmental Unit acted arbitrarily and capriciously or in bad faith in
breach of this Contract, the Court shall award attorneys fees to the other Parties.
28. Counterpart Execution. This Contract may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one and the
same instrument.
May 14. 1999
9
CITY OF I3ROOMFIELD
By: 1. lt 1 (-12,.
Its:
ATTEST:
u ' "
CITY CLE S
APPROVED AS TO F
City Atto ev
NIa, IJ_ 1`rPi
10
COUNTY OF WELD
Dale K. Hall (06/02/991_
ATTEST: Lu
✓ ': °' e Chair Weld County Board of
WELD COUNTY CLERK TO • ;Qe°.iCommissioners
BY:
DEPUTY CLERK TO TH� �� ��
Ma% IJ_ lovo
CITY OF LAFAYETTE
C _
By: C LVAJ L . /? Z.,J its/f
Us: /HA d—
Nor:'ll
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May 1-4, 1990
12
EXHIBIT A
Members Participation Fee
City of Broom field S1,000,000
L Cash paid to Northwest Parkway Project Non-profit Corp. $ 100,000
2. Credit(Paid to NW Parkway Project Non-profit Corp.) $ 900,000
City of Lafayette $ 100,000
1. Cash payment $ 25,000
2. Credit (Paid to NW Parkway Project Non-profit Corp.) $ 75,000
County of Weld $ 100,000
I. Cash payment $ 25,000
2. Credit (Paid to NW Parkway Project Non-profit Corp.) $ 75,000
May 14, 1999
Boulder Page 1 of 2
ChiCarter " Burgess Job No. 987157010-4
Path:J:\987157010\cbsurvey
Consultants in Planning, Engineering, Architecture, File: nwpkwy-b.doc
Construction Management, ar,d Related Services Date: 6-3-1999
AREA OF IMPACT PROPERTY DESCRIPTION
NORTHWEST PARKWAY AUTHORITY CORRIDOR
BOULDER COUNTY
A parcel of land being fifteen thousand eight hundred and forty (15, 840)
feet in width, seven thousand nine hundred and twenty (7920) feet on each
side of the following described NORTHWEST PARKWAY AUTHORITY CORRIDOR
centerline, located in Sections 1, 2, & 8 through 34 inclusive, all in
Township 1 South, Range 69 West, 6[h Principal Meridian, Boulder County
Colorado, being more particularly described as follows :
COMMENCING at the Southwest corner of said Section 33, WHENCE the South
Quarter corner of said Section 33 bears N89°15 ' 36"E a distance of 2647 .28
feet;
THENCE N89°15 '36"E along the southerly line of said Section 33 a distance
of 80.21 to the POINT OF BEGINNING;
THENCE N00°11 '09"E tangent with the following described curve a distance
of 11009.25 feet;
THENCE along the arc of a curve to the right, having a central angle of
72°54 ' 56" , a radius of 2469. 70 feet, a chord bearing N36°38 '37"E a
distance of 2935.14 feet, and an arc distance of 3142 . 98 feet;
THENCE N73°06 ' 05"E tangent with the last and following described curves a
distance of 517 .96 feet;
THENCE along the arc of a curve to the left, having a central angle of
25°48 ' 39", a radius of 2861 . 17 feet, a chord bearing N60°11 '46"E a
distance of 1278.03 feet, and an arc distance of 1288 . 91 feet;
THENCE N47°17 '26"E tangent with the last and following described curves a
distance of 513 .13 feet;
THENCE along the arc of a curve to the right, having a central angle of
42°08 '26", a radius of 5991 . 12 feet, a chord bearing N68°21 ' 39"E a
distance of 4307 .77 feet, and an arc distance of 4406.42 feet;
THENCE N89°25 '52"E tangent with the last and following described curve a
distance of 2421. 07 feet;
THENCE along the arc of a curve to the left, having a central angle of
49°52 '28" , a radius of 5946.62 feet, a chord bearing N64°29'38"E a
distance of 5014 .49 feet, and an arc distance of 5176.38 feet;
THENCE N39°33 '24"E tangent with the last and following described curve a
distance of 2015 .46 feet;
THENCE along the arc of a curve to the right, having a central angle of
21°27 ' 10" , a radius of 6259. 55 feet, a chord bearing N50°16 '59"E a
distance of 2330.03 feet, and an arc distance of 2343 . 70 feet;
THENCE N61°00 '34"E tangent with the last and following described curve a
distance of 2861.62 feet;
Caner&Burgess, Inc. 216 16th Street Mat Denver, Colorado 80202
(303) 820-5210
Boulder Page 2 of 2
THENCE along the arc of a curve to the right, having a central angle of
3°33 ' 18" , a radius of 12369.96 feet, a chord bearing N62°47 ' 13"E a
distance of 767 .41 feet, and an arc distance of 767.53 feet to the
easterly line of said Section 12 being the POINT OF TERMINATION.
Sidelines of said corridor are shortened or lengthened to intersect the
northerly line of said Section 1, the easterly lines of said Sections 1,
12, 13 & 24, and the southerly lines of said Sections 31 through 34
inclusive all in Township 1 South, Range 69 West, Boulder County;
Colorado.
Except any portion lying within Weld County, Colorado.
Containing 13,259.784 Acres, more or less.
Basis of Bearing: Bearings for property description are based on the City
of Broomfield state plane coordinate system points "GPS-3" and "GPS-5"
being N41°\\\\\Ul RIifrg11,1REGis
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Ken Cain. ,P�..LL.c.'& 942
Date: �4�� ALsLFY`)S�\\\
Job No. 98 all4l1110�
For and on behalf of
Carter & Burgess, Inc.
CZ Carter Burgess
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LEGEND
PAPCATRKWAY
, v N AUTHORITY TCORRIDOR
DATE: JUNE 4, 1999
JOB No. 987157010 AREA of IMPACT Ci[i aooMM @gg
ORTHWEST PARKWAY AUTHORITY CORRIDOR
BOULDER COUNTY, COLORADO 216 Sixteenth Street, Suite 1700
Denver, Colorado 80202-5131
(303) 820-5240 Fax (303) 820-4842
arcsAdams - Page 1 of 1
Can Carter a Burgess Job No. 987157010-4
Path: J:\987157010\cbsurvey
File: nwpkwy-ad.doc
Date: 6-4-1999
Consultants in Planning, Engineering, Architecture
Construction Management, on Related Services
AREA OF IMPACT PROPERTY DESCRIPTION
NORTHWEST PARKWAY AUTHORITY CORRIDOR
ADAMS COUNTY
A parcel of land being fifteen thousand eight hundred and forty (15, 840) feet in
width, seven thousand nine hundred and twenty (7920) feet on each side of the
following described NORTHWEST PARKWAY AUTHORITY CORRIDOR centerline, located in
Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, & 22, all in Township 1
South, Range 68 West, 6°t' Principal Meridian, Adams County Colorado, being more
particularly described as follows :
COMMENCING at the East Quarter corner of said Section 10,
WHENCE the Northeast corner of said Section 10 bears N00°22 '26"W a distance of
2646 .36 feet:
THENCE N00°22 ' 26"W along the easterly line of said Section 10 a distance of 214 .75
feet to the POINT OF BEGINNING;
THENCE N76°00 '00"W tangent with the following described curve a distance of 5898.97
feet;
THENCE along the arc of a curve to the left, having a central angle of
14°10 ' 00" , a radius of 12267.54 feet, a chord bearing N83°05 ' 00"W a distance of
3025.51 feet, and an arc distance of 3033 .23 feet;
THENCE S89°50 ' 00"W tangent with the last and following described curves a distance
of 1914 .52 feet;
THENCE along the arc of a curve to the left, having a central angle of
16°14 ' 34" , a radius of 6432 .45 feet, a chord bearing S81°42 '43"W a distance of
1817 .44 feet, and an arc distance of 1823 .54 feet;
THENCE S73°35 '26"W tangent with the last and following described curves a distance
of 6898 . 37 feet;
THENCE along the arc of a curve to the left, having a central angle of
9°01 ' 34", a radius of 12369. 96 feet, a chord bearing $69°04 ' 39"W a distance of
1946.67 feet, and an arc distance of 1948 .68 feet to the westerly line of said
Section 7, being the POINT OF TERMINATION.
Sidelines of said corridor are shortened or lengthened to intersect the easterly
lines of said Sections 3, 10 15, & 22, and the westerly lines of said Sections 6,
7, 18 & 19, all in Township 1 South, Range 68 West, Adams County, Colorado.
Except any portion lying within Weld County, Colorado.
Containing 7, 007 .828 Acres, more or less.
Note: Bearings for property description are based on the City of Broomfield state
plane cooroUstI!(l yWem points "GPS-3" and "GPS-5" being N41°51' 59"E.
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Date: &�� °' ,�•,."�SJ�p
Job No. 98g 1)dll*\\l\\\\\
For and on behal* of Carter & Burgess, Inc.
Carter& Burgess, Inc. 216 16th Sired Will Denver, Colorado 80202
(303) 820-7240
NOT A PART OF NORTHWEST PARKWAY AUTNORRY CORRIDOR - WELD COUNIY --I
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LEGEND
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\ NORTHWEST PARKWAY
AUTHORITY CORRIDOR
DAT : JUNE 4, 1999
JOB ENo. 987157010 AREA of IMPACT \�$) \,ap{}@pgs ,rp
ORTHWEST PARKWAY AUTHORITY CORRIDOR
ADAMS COUNTY, COLORADO 2Denvelrt Coloradfee80202 513110
(303) 820-5240 Fax (303) 820-4842
diNorthwest Parkway Project
PARK1A"
'3 MAY 2 4 1999 `
MEMORANDUM "4'""�`'"'- :L , c,✓u .!_
@ai: ->
• .1:?:13
c.7,-..: , '
TO: Designated Representatives of Broomfield,Lafayette and Weld County
FROM: Steve Hogan
DATE: May 20, 1999
RE: Public Highway Authority Formation
Last week you and your respective legal counsel were mailed the final draft of the Establishing Contract for
the new Public Highway Authority(PHA). That draft plus suggested language for an approval resolution
and Board Member designation came from the office of Icenogle,Norton& Seter.
The firm of lnterMountain/RKH has drafted a formal press release,which will he sent out Friday, May 21,
1999,to all media outlets covering your jurisdiction. Stories themselves should appear in both weekly and
daily papers on May 26, 1999.
With this memo you are receiving a packet of information identifying additional people who will receive
the press release and miscellaneous information you may wish to use in your public meeting to vote on the
Establishing Contract.
In this packet you will find:
1. List of individuals and entities beyond media outlets who received the press release
2. A copy of the press release
3. Chronology of dates important to the formation of a Public Highway Authority(PHA.)
4. Narrative fact sheet about the Authority
5. Miscellaneous fact sheet about individual elements of the Project
6. List of Establishing Contract issue Highlights
7. Guiding Elements of project planning with the most important element identified as number
one(1);whatever is intended to be built must be able to be financed or there is no Project
8. List of Project Priorities in reverse chronological order with most important priority being
number one(1);open Project to tolled traffic by July 2003. All actions,to date,have us on
track to meet these Priorities
9. Sheet identifying Primary Project Contractor's and some background information
As usual,if you have any questions or comments,please give me a call(303)466-0567
55S Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-3049
All but the Governor will receive the release on 5/25/99
The following entities and individuals will receive the press release
on the creation of the NW Parkway Public Highway Authority:
1. Office of the Governor
2. Speaker of the House
3. House Minority Leader
4. President of the Senate
5. Senate Minority Leader
6. All House and Senate members whose districts are a part of Weld
County, Broomfield & Lafayette
7. Boulder County Commissioners
8. Jefferson County Commissioners
9. Jefferson County Administrator
10.Adams County Commissioners
11.Adams County Administrator
12.Mayor, City Council and Manager of Westminster
13.Mayor, City Council and Manager of Arvada
14.Mayor, City Council and Manager of Golden
I5.Mayor, City Council and Manager of Erie
16.Mayor, City Council and Manager of Superior
17.Mayor, City Council and Manager of Louisville
18.Mayor, City Council and Manager of Wheat Ridge
19.Mayor, City Council and Manager of Lakewood
20.Mayor, City Council and Manager of Brighton
21.Mayor, City Council and Manager of Greeley
22.Cal Marsala - RTD
23.Bi1l Vidal - DRCOG
24.Ed DeLozier - E-470 PHA
25.Tom Norton - CDOT
26.Chairman - Transportation Commission
27.Chairnian - DRCOG
28.Chairman - E-470 PHA
29.Director, Air Pollution Control Division - Department of Health
30.US Senator Wayne Allard
31.US Senator Ben Nighthorse Campbell
32.Congressman Mark Udall
Northwes
t Parkway Project
FOR IMMEDIATE RELEASE CONTACT: Fred Niehaus
InterMountain/RKH
303/534-5409
BROOMFIELD, LAFAYETTE AND WELD COUNTY JOIN TO FORM PIJBLIC
HIGHWAY AUTHORITY TO BUILD NORTHWEST PARKWAY
BROOMFIELD (May 20, 1999) - Broomfield, Lafayette and Weld County have
joined together to form a new Public Highway Authority to build the Northwest Parkway
between I-25 and State Highway 128 at Interlocken Business Park.
When established, the Public Highway Authority will replace the Northwest
Parkway Non Profit Corporation, formed last year to begin work on the project. Pending
approval by the governing bodies of each member of the authority, the Public Highway
Authority is expected to begin operation by July 21, 1999. At least two governmental
entities must participate in the formation of a Public Highway Authority, under the
provisions of a law written in 1987 by then-State Rep. Bill Owens.
"The creation of the Northwest Parkway Highway Authority gives the North
Metro Region a tremendous opportunity to accelerate the development of its much
needed transportation infrastructure," said Steve Hogan, executive director. "The
Northwest Parkway will play a critical role in the Front Range highway system by
relieving traffic on U.S. 36, providing a direct link to DIA and furnishing a transportation
corridor to support future multi-modal opportunities."
555 Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-3049
The Regional Transportation District and the Denver Regional Council of
Governments and the Colorado Depai tinent of Public Health and Environment's air
pollution control division automatically become ex-officio members of the authority
under the law. Additionally, a representative of the state appointed by Gov. Bill Owens
also will serve in an ex-officio role. The Authority expects to create additional
membership categories and to allow public and private-sector representatives'
participation in the project.
The Northwest Parkway is a four-lane, limited access highway connecting U.S. 36
and State Highway 128 in Broomfield to I-25 at E-470. The project, anticipated to cost in
excess of$200 million is scheduled for completion in 2003, coinciding with the opening
of the E-470/I-25 interchange.
When completed, the Northwest Parkway will feature a limited access
transportation corridor, which can accommodate a multi-modal transportation system.
High standards, including development buffers and thoughtful land-use plans are in place
to prevent future development.
-30-
IMPORTANT DATES
1. May 14, 1999
• Final draft of Establishing Contract and proposed resolutions
regarding approval and Board representation provided to
prospective Member jurisdictions
2. May 19, 1999
• Notice of Public Hearing appears in weekly newspapers
3. May 21, 1999
• Press release sent to weekly newspapers
4. May 25, 1999
• Press release sent to daily newspapers
5. May 26, 1999
• Press release scheduled to appear in all newspapers
6. June 1, 1999
• Broomfield & Lafayette vote on membership
7. June 2, 1999
• Weld County votes on membership
8. June 3, 1999
• NW Parkway Non Profit begins paperwork requirements with the
State of Colorado to meet legal obligations for creation of the
Authority.
9. July 6, 1999
• First meeting of the Board of Directors of the Northwest Parkway
Public Highway Authority
NORTHWEST PARKWAY AUTHORITY
BACKGROUND BRIEF
What is the Northwest Parkway?
The Northwest Parkway is a four-lane, limited access highway connecting U.S. 36 and
State Highway 128 in Broomfield to I-25 at E-470. The project, anticipated to cost in
excess of$200 million, is scheduled for completion in 2003, to coincide with the opening
of the E-470/I-25 interchange. When completed, the Northwest Parkway will feature a
limited-access transportation corridor, which can accommodate a multi-modal
transportation system. High standards, including development buffers and stringent land-
use plans, are in place to control future development.
Why was a Public Highway Authority necessary?
Under Colorado law, a Public Highway Authority offers two unique components that will
accelerate development of the Northwest Parkway. First, a Public Highway Authority
has the ability to issue tax-exempt debt that meets TABOR requirements for building a
toll road. The Northwest Parkway is envisioned as a toll road. Second, a Public
Highway Authority has the ability to easily obtain rights of way for the project.
Why did Broomfield, Lafayette and Weld County form a Public Highway
Authority?
All three jurisdictions are within the project area and have important interests in its
development. Weld County borders the Northwest Parkway at I-25 and E-470. Lafayette
has interest at U.S. 287, which will be a major interchange between I-25 and U.S. 36.
Broomfield is the community primarily impacted by the project, the entire length of
which runs in or alongside Broomfield's city limits.
Why is the Authority limited to these jurisdictions?
The corridor is primarily through Broomfield with a major impact in Lafayette. Weld
County is the continuity jurisdiction for the link with E-470 and is heavily invested in the
I-25 corridor. The Authority is expandable and may include other jurisdictions the
further. Broomfield ahs the most intergovernmental agreements with Lafayette. For
purposes of getting this started, the jurisdiction wanted a core group to match the speed of
the existing non-profit corporation.
Who else will be involved in the Authority, and what will happen to the Northwest
Parkway Non-Profit Corporation?
Under Colorado law, representatives of both the Regional Transportation District and
Denver Regional Council of Governments will serve on the Authority. Additionally,
Gov. Bill Owens will appoint an ex-officio board member to represent the state, and the
Authority anticipated creating roles for other private and public-sector entities.
The Northwest Parkway Non-Profit Corp. will convey all of its work to the new
Authority. Upon completion f the project, some of the Non-Profit corp. expenses will be
repaid to the original contributors.
What is the ongoing role of the Public Highway Authority?
The Authority will hold and control its assets on behalf of its member bodies. When the
project is completed, the member bodies will control those assets.
The Public Highway Authority will assume the responsibility of honoring inter-
governmental agreements between Boulder County, Lafayette, Louisville and
Broomfield, including the obligations totaling$32 million for open space and local road
improvements.
While the authority will work with other jurisdictions on planning for future segments of
the Northwest Parkway, the primary focus will be upon the construction of the 10-mile
segment between I-25 and at State Highway 128 at Interlocken.
How will the Public Highway Authority be governed?
Full members of the Public Highway Authority will have voting authority. Broomfield,
which becomes a city and county government in 2001, has the ability to initiate a
weighted vote similar to the City and County of Denver's role in DRCOG. This would be
used only in the event of a truly critical and controversial disagreement among members.
Northwest Parkway Project
MISCELLANEOUS NORTHWEST PARKWAY
FACTS
• Approximately nine and a half(9 1/2) miles in length
• Construction or Use of Four(4) Interchanges
• 1-25 west of E-470
• Sheridan
• US 287
• US 36 at 96th Street
• Five (5) grade separations
• Huron
• Lowell
• 120`h Street
• 104`h Street
• Burlington Northern/Santa Fe Railroad West of 104th Street
• One main line toll plaza
♦ Ramp toll plazas at Sheridan & US 287
• Main line asphalt construction on Interstate Highway Standards
♦ Potential concrete construction at toll plaza and interchange ramps
• Initial build of two (2) lanes each direction
• Designed & Engineered to four(4) lanes each direction
♦ Emergency phones along length
• Potential service plaza development (i.e. Gas, ATM, Restrooms, Fast food,
etc.)
• Electronic toll collection
• Fiber optic conduits
♦ Multi use trail along length for riding, hiking,jogging, etc.
♦ 70 MPH between 104th Street and I-25
• 25 minutes from Northwest Parkway& Boulder Turnpike to DIA (once
Northwest Parkway & final leg of E-470 are completed)
555 Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-3049
ro. Northwest Parkway Project
PARKWAY
ESTABLISHING CONTRACT HIGHLIGHTS
I. Paragraph 4B gives the State the right to be a member at whatever level it desires. Governor Owens
has indicated that the State will be an Ex-Officio Member.
2. Paragraph 4E calls for by-laws. It is anticipated that the by-laws will contain most of the specifics of
the Authority operations. This is to keep the Establishing Contract, itself, free from clutter.
Amendments to by-laws take a majority vote of the Board. An amendment to the Establishing
Contract takes a majority recommendation from the Board and a unanimous vote by Member
jurisdictions.
3. Paragraph 5 establishes a one time Membership fee and allows for credits. It is anticipated that the
payment of the fee can be spread over two fiscal years. The amount of the fee also relates to Paragraph
4F and the potential for weighted voting.
4. Paragraph 6 creates an Executive Advisory Committee. The anticipated fee for membership will be
$500,000. An Executive Committee member will get a credit against any potential future development
fees. At the present time, Interlocken and Westcor have expressed strong interest. The payment of this
fee is expected at the time of acceptance.
5. Paragraph 7 provides for the possibility of Associate and Affiliate Members. Associate Members are
governmental jurisdictions with the potential to become Full Members. A discussed fee for Associate
Membership is$50,000. Affiliate Membership would be other governmental jurisdictions with no
desire to become Full Members and private sector interest groups with no desire to be a part of the
Executive Advisory Committee. A discussed potential fee for this category is$25,000. The payment
of these fees is anticipated to be able to be spread over two fiscal years.
6. Paragraph 11 transfers all decisions related to ramps, interchanges and grade separations to the Public
Highway Authority(PHA). Affected governments will be able to review and comment on plans.
7. Paragraph 17 requires unanimous written approval of the then existing Members governments to add
further new Members.
8. Paragraph 18 identifies the Authority as the successor in interest to the Northwest Parkway Project
Non Profit Corporation.
9. Assuming two or more entities agree on the establishment of the PHA, the only formal actions required
are a public hearing on the Authority, and a formal vote on the proposed Establishing Contract. Once
two jurisdictions have voted yes on the proposed Establishing Contract,the appropriate paperwork can
be filled out through Northwest Parkway Project Non-Profit Corporation representatives and filed with
the Division of Local Government of the Department of Local Affairs. Following required State
action, the only remaining steps are payment of membership fees and convening the first official
meeting.
555 Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-3049
PAI
Northwest Parkway Project
L� i [ �� `
GUIDING E1_.:l._', 1=.N
Final }plan must be able to be financed
2. Multi-•modal Planning
3 . M.ulti-Use Trail Along Length
4. Open Space Butlers - Transportation Corridor.
not Development Corridor
5. Landscaped
6. .Limited Access 1-25 0 to 1 4 Strec°t
7, Transition to Parkway 1 t X11 to 96'1, Street
8. Parkway Between 96`1` Street and S1 I 1 ?8
9. Flexible Connection wit➢l. Sti 128 to
Accommodate Arvada/Westminster Phase
10. Sound Engineering with Environmental
Sensitivity-
555 Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-3049
diNorthwest Parkway Project
Fl,RK6IA`t
Priorities
I , Open the NW Parkway to tolled traffic by
July 2003 _ Matches current E-470
completion date
2 . Begin construction by September . 2000
3 . Phase 11 notice to proceed to li sign./B a ild
Contractor
4. Sell bonds by July/August 200(1)
.5 . Complete Feasibility work ane Plan o
Finance by, Spring 2000
f: , Initiate Phase .I Design/Build Contract
celiverables by July. 199 )
7. Establish Permanent Management En.tit
(Probably Public Highway Authority )
July, 1999
8. Award Phase;. I Design/ Build Contract by
June, 1999
555 Eldorado Boulevard, Suite 130, Broomfield, Colorado 80021 (303) 466-0567 FAX (303) 404-30400
NW Parkway Non-Profit Project
Further Contactor/Fmpbyee hlfamation
I. Icenogle, Norton& Seter-General Counsel
This firm is located in Greenwood Village. It is a special district and transportation
issues specialist, although the firm also practices in other areas. Ed Icenogle is the lead
attorney assisting the NW Parkway Project. He and his partners developed the first large
project Design/Build transportation contract used in Colorado for the E-470 Authority.
2. Brownstein, Hyatt, Farber& Strickland- Special Counsel
This firm is located in Denver. One of the most visible and politically connected firms in
Colorado,the Brownstein firm will assist the Project with right of way law,
administrative law issues, relations with CDOT, and other special situations.
3. InterMountain/RKH- Public Relations/Public Affairs
This firm is located in Denver. InterMountain Partners represents many clients and the
most visible in the Broomfield area is Interlocken. Fred Niehaus is the representative
assisting the Project.
4. George K. Baum&Company- Investment Banker
This firm is located in Denver. George K. Baum&Company has provided underwriting
and/or financial advisory services for more than 80 transportation-related financing
during the past five years, with a total par value exceeding$7.6 billion. Dick Fontane is a
senior vice president and manager of the National Transportation Finance Group at
George K. Baum&Company. During his I9-year career in investment banking, Mr.
Fontane has managed the issuance of more than$9 billion of municipal debt; this
includes numerous transportation financing.
5. Lovejoy& Associates-Project Co-Ordination
This firm is located in Littleton. The principle, Norm Lovejoy, has a long engineering
career with a focus on construction management, contract administration and dispute
resolution. He will assist the Project in those areas as well as helping to develop
performance criteria for future use in a Design/Build contract.
6. Downing, Thorpe&James-Land Use/Landscape Planning
This firm is located in Boulder. It is the intent.of the Project to be well planned,
aesthetically pleasing, and integrated with the surrounding communities. DTJ has a
history of working with Broomfield and other local jurisdictions on planning nerds, and
will be familiar with the area. Tom Thorpe will be the point of contact for the firm.
7. Carter Burgess- Preliminary Engineering, Environmental & Cost Analysis
This firm is located in Denver. One of the most well respected engineering firms in the
country; the Denver office also has great familiarity with the US36 corridor and its
issues. The firm will be identifying right of way issues, alignment,environmental
concems and cost parameters for a future financing. Bob Sakaguchi will serve as Project
Director.
8. Steve Hogan-Executive Director
Mr. Hogan comes to the Project after nearly eight years as Executive Director of the E-
470 Public Highway Authority. He has both public and private sector management and
transportation experience. In addition, as a former Colorado State Representative and
Aurora City Council member, his political experience should aid relations with federal,
state,and local entities.
Hello